Concern over unregistered matai title use may become issue after runoff

Pago Pago, AMERICAN SAMOA — Deputy Elections Commissioner Tavai Fiti Tavai has responded to a Samoa News inquiry regarding the legality of the 2024 Gubernatorial Elections, due to concerns of the potential legal implications if, following a Pula & Pulu victory in next week's runoff, the Lemanu & La'apui camp files a lawsuit against candidate for Governor Pula Nikolao Pula. The lawsuit would challenge Pula's use of the Pula or Puaalii title without it being officially registered at the Registrar's Office.

Speaking on behalf of Elections Commissioner Uiagalelei Dr. Lealofi Uiagalelei, the Deputy Commissioner emphasized that as far as their office is concerned, the deadline to challenge candidates as stipulated in Section 6.0302 of the American Samoa Code Annotated (A.S.C.A.) has long since expired.

"So according to the law, Pula Nikolao Pula and Vaitautolu I'aulualo are validated as official candidates," Deputy Elections Commissioner Tavai explained.

The expiration was officially announced in a media release from the Election Office dated September 6, 2024, at 4:30 pm.

According to the A.S.C.A. Section 6.0302;

"(a) Any registered qualified elector may, for any cause not previously decided by the Board of Registration or the High Court in respect to the same person, challenge the right of that person to be a candidate for office in a general or special election. The challenge shall be made no later than 4:30 p.m. on the 3rd business day after the Chief Election Officer issues his determination of nominated candidates eligible for election. The challenge shall be in writing, setting forth the grounds upon which it is based, and be signed by the person making the challenge. The challenge shall be delivered to the Chief Election Officer, who shall immediately serve notice of it on the candidate. The Chief Election Officer shall, as soon as possible, investigate and rule on the challenge.

"(b) If neither the challenger nor the challenged appeals the ruling of the Chief Election Officer, then the Chief Election Officer shall cause ballots to be printed, bearing the names of all eligible candidates for the office that was challenged. If an appeal is taken to the High Court, then the Chief Election Officer may delay the printing of ballots for the office challenged until a final determination is made."

The issue was first raised two weeks ago by the Deputy Secretary of Samoan Affairs Tauese Va'a Sunia in a letter to Election Commissioner Uiagalelei, that use of the matai titles, Vaitautolu, Pula or Pulaalii, by candidates in the upcoming election is a violation of the law.

Tauese clarified that he was not attempting to discredit any candidate, and explained that he was simply performing his mandated duty on behalf of the Secretary of Samoan Affairs, Mauga Tasi Asuega, who was off-island at the time.

He revealed that the Office of Samoan Affairs has received expressions of concern or complaints about the use of matai titles that have not been registered in the names of some candidates on the ballot in the November 5 election. Specifically, he named the titles of Vaitautolu of Faleasao and Pula, or Pulaalii, from Utulei.

According to Tauese, the Registrar’s Office has confirmed that Faafetai Iaulualo has not registered the title Vaitautolu and Nikolao Pula has not registered the title Pula or Pulaalii.

“This means that the use of these titles violates the law,” said Tauese.

He quoted Chapter 4, Title 1.0401 of the American Samoa Code Annotated which states that, "Territorial statute prohibits anyone from using a matai title before title has been registered in accordance with provisions of statute."

In his response to Tauese's letter, the Elections Commissioner stated that after lengthy discussion with the Election Office Legal Counsel Nathaniel Sotoa-Savali, it was agreed that since no challenge had been received against any of the Gubernatorial Candidates after the expiration of the deadline of three business days as stipulated by law, he had approved the printing of ballots according to Election Laws of the Government of American Samoa.

Secondly, the general election was only ten days away when they received his letter, and he felt there was no time to make further changes to the process. This tight timeline made addressing any new challenges or modifications impractical, ensuring that the election proceeded as planned according to the established laws and regulations.

Many members of the public are speculating that should the Pula & Pulu camp win next week's runoff, the Lemanu & La'apui may pursue the issue in court in a last-gasp effort to hold on to power.

However, Deputy Elections Commissioner Tavai explained that if next week's runoff election results in a Pula & Pulu victory, the Lemanu & La'apui camp can pursue the issue in court. They can argue that the statute governing the use of matai titles, which is part of the American Samoa Code Annotated, has been violated.

So it would ultimately be the Chief Justice of the High Court of American Samoa, Lealaialoa Michael Kruse who would make the final decision.

Efforts to contact the candidates for comment were unsuccessful.