Sotoa has grounds for lawsuit after disqualification, lawyers say

Pago Pago, AMERICAN SAMOA — Attorneys for Ali’itama Sotoa are reiterating that the decision by Chief Election Officer, Uiagalelei Lealofi to disqualify Sotoa as a candidate for Representatives District #1- Manu’a, in tomorrow’s Mid Term election, “is contrary to law” and that the “drastic decision” is “grounds for reversal in court,” through a possible lawsuit.

Sotoa’s legal team — Hawaii-based attorney Louise Ing and local attorney, Sean Morrison — made the claims in responding to Uiagalelei’s Oct. 26 letter, in which the Chief Election Officer maintains his earlier decision to disqualify and withdrew Sotoa’s name as a candidate.

Uiagalelei had stated that his decision is “based on law” and that Sotoa didn’t comply with the residency requirement. (See Samoa News edition Oct. 31 for details.)

“With due respect, your decision to disqualify Mr. Sotoa as a candidate... is contrary to law and leaves Mr. Sotoa no choice but to file suit challenging your action,” Ing and Morrison wrote to Uiagalelei in a Nov. 05 letter, that Sotoa released to the local media yesterday.

According to the letter, it’s the attorneys’ understanding that the ballots were printed over the weekend, “which gives you one last chance to do the right thing before Tuesday’s election.”

“We send this letter to you as a courtesy in an effort to avoid unnecessary litigation. It is not in anyone’s interest to drag this matter into litigation and force the District 1 election to be redone,” they wrote.

The attorneys cited local election law - ASCA 6.0212 — which they argued “is clear that a person is still a resident of American Samoa when they leave the island, so long as they intend to return.”

Furthermore, the courts have interpreted the residency standard very liberally. For example, a person who married in American Samoa, lived in American Samoa for a number of years, was transferred away from American Samoa by his employer while maintaining an intent to return, maintained voter registration in American Samoa, and returned to American Samoa, is and always has been deemed domiciled in American Samoa.

“As you well know, Mr. Sotoa has been a resident of American Samoa for over 9 years,” they wrote to Uiagalelei, who was also informed that every year, Sotoa has taken annual sick leave for medical appointments in San Diego, with the intent to return to American Samoa.

“Your office never requested any specific documents from him. Nevertheless, he kept your staff well-informed during his health visit about his appointments, and told them he would be returning,” the letter explained. “As soon as he got back on-island, he promptly delivered his health documents to the Election Office, as well as his primary physician’s letter of medical release.”

According to the attorneys, the Chief Election officer, “never specified the reasons” he believed that Sotoa lost his residency, “and therefore, we believe your failure to give Mr. Sotoa proper written notice and a fair opportunity to respond before implementing your drastic decision to disqualify his candidacy, is grounds for reversal in court.”

“We therefore urgently request that you reverse your decision to disqualify Mr. Sotoa and immediately restore him as a candidate on the ballot for the November 8, 2022 elections,” they wrote.

“Your decision to deny residency because Mr. Sotoa was temporarily off-island threatens all American Samoans who leave the island, even for brief visits, medical treatment, or work,” the attorneys points out.

They argued that the rationale Uiagalelei used against Sotoa “could result in denying others their right to vote, to run for office, or to participate in civic life. No one official has or should have that kind of power.

 “That is not what the law says, and it is dangerous to the island’s democracy to imply your position carries such authority,” the attorneys declared.

The attorney’s letter came after a meeting late Saturday afternoon between Sotoa and Uiagalelei.

There’s was no immediate response, at press time, from the Election Office to Samoa News queries over the weekend to the latest letter from Sotoa’s attorneys.