It appears that the veto override amendment will be on the ballot for the November 5 general elections after all.
Governor Lemanu Peleti Mauga sent an October 4 letter to the Election Commissioner, Dr. Lealofi Uiagalelei saying, “Pursuant to Article IV, Section 3 of the Revised Constitution of American Samoa, I am submitting the proposed amendment(s) found in the attached Senate Joint Resolution No. 38-2 to be submitted to the voters eligible to vote for members of the House of Representatives at the next general election.”
The joint resolution is the one the Fono approved changing the process for overriding the Governor’s veto of a bill.
It states, “No later than 14 months after a bill has been vetoed by the Governor, it may be passed over his veto by a two-thirds majority of the entire membership of each House at any session of the Legislature, regular or special. A bill so repassed shall become law 90 days after the adjournment of the session, in which it was repassed.”
Presently the constitution states: “No later than 14 months after a bill has been vetoed by the Governor, it may be passed over his veto by a two-thirds majority of the entire membership of each House at any session of the Legislature, regular or special. A bill so repassed shall be presented to the Governor for his approval. If he does not approve it within 15 days, he shall send it together with his comment(s) thereon to the Secretary of the Interior. If the Secretary of the Interior approves it within 90 days after its receipt by him, it shall become a law; otherwise it shall not.”
As listeners would recall, the Governor in a September 26 letter to Senate President Tuaolo Manaia Fruean said that the veto override amendment cannot be put on the ballot for the November 5 general elections as ballots had been printed and absentee voters had already cast their votes. He said, “Adding the constitutional amendment(s) to this current November 2024 general election is not possible.”
After receiving the Governor’s letter and following a Senate hearing in which Election Commissioner Dr. Uiagalelei said he would obey the Governor’s decision not to include the referendum on the ballot, Senate President Tuaolo wrote the Governor saying that the Senate must insist he follow the law and put the veto override amendment on the November 5th ballot. Tuaolo also suggested that only the veto override referendum portion of the ballot be sent out to those who have already voted.
The Governor’s letter of October 4 would indicate that he has changed his mind, and has now submitted the proposed amendment to the Election Office to be put on the ballot.
