Proposed legislation limiting who can run for Gov & Lt Gov tabled for review

Pago Pago, AMERICAN SAMOA — Following this week’s town hall hearings held Monday and Tuesday, Senator Togiola T.A. Tulafono announced during Wednesday’s regular session that the proposed legislation regarding eligibility for the offices of Governor and Lieutenant Governor has been tabled for further review.

The bill, which seeks to require that candidates for these offices be either U.S. citizens or U.S. nationals of American Samoan ancestry, will be reconsidered when the Fono reconvenes in September.

The measure was first introduced during a public hearing in the First Regular Session of the 39th Legislature.

The ancestry specified in the bill is defined as individuals of American Samoan descent born in American Samoa, Swains Island, or the United States.

Candidates must also meet residency requirements, having lived in American Samoa for at least 24 consecutive months and for a total of at least five years before filing a petition to run for either office.

On Monday before the hearing formally began, Senate President Tuaolo Manaia Fruean requested clarification on the bill’s language from Senator Togiola, chairman of the Government Operations Committee.

Tuaolo pointed out that the current law states that individuals born in the Territory to parents who are neither U.S. nationals nor citizens automatically acquire U.S. national status, making them eligible to run for governor or lieutenant governor.

He then raised a broader question: can U.S. citizens with no ancestral or familial ties to American Samoa seek elected office in the Territory? In making his point, Tuaolo referenced the late Jake King, a U.S. citizen and longtime resident of American Samoa, who once ran for governor.

Togiola clarified that under the proposed legislation, U.S. nationals or citizens must possess ancestral ties to American Samoa in order to qualify as candidates for governor or lieutenant governor.

In response, the Senate President remarked that he hopes the amendment will not be challenged in court.

Sen. Togiola acknowledged the possibility of legal challenges and conceded that certain aspects of the proposed amendment may conflict with the Constitution of American Samoa.

However, he invoked the Treaty of Cession signed by the chiefs of Tutuila and Aunu'u in 1900, arguing that the United States has a continuing obligation to safeguard Samoan culture and traditions for future generations.

He affirmed that this responsibility forms the basis of the amendment.

Senator Utu Sila Poasa raised a question regarding the eligibility of military personnel under the proposed bill.

Specifically, he asked whether a U.S. citizen or national with American Samoa ancestry, who has served off-island and is later stationed in the Territory for five years, for example, as a recruiter or in another military capacity, would meet the residency requirement to run for governor or lieutenant governor.

Togiola explained that under the current bill, sons and daughters of American Samoa who serve in the military do not lose their residency status no matter how long they serve in the military and are stationed in the States or anywhere else in the world.

However, during his tenure as governor, the law was amended to ensure that military members who officially register American Samoa as their home of record retain their residency status.

He explained the key distinction: while some service members designate other states as their home of record, resulting in their contributions going to those states, individuals who list American Samoa benefit the Territory directly. That is, after federal taxes are deducted from their military pay, the remaining applicable contributions are allocated to the American Samoa Government (ASG).

The Governor’s Chief Legal Counsel Barry Fundt opened the hearing by noting that the qualifications for members of the House of Representatives and the Senate are clearly outlined in the Constitution: candidates must be U.S. nationals, have resided in American Samoa for at least five years, and be bona fide residents of the districts they represent for no less than one year. Fundt cautioned that altering eligibility requirements at the gubernatorial level, as proposed in the amendment, could present significant legal and procedural challenges.

He went on to highlight a deeper concern: the amendment, he argued, effectively narrows the choices available to voters. By broadening the conditions under which candidates may be deemed ineligible, the Fono risks undermining the electorate’s ability to freely select their preferred leaders.

Fundt also emphasized the potential exclusion of qualified and capable candidates.

He cited his former colleague, former Attorney General Toatasi Tuiteleleapaga, as an example. Tuiteleleapaga, he noted, moved to American Samoa at a young age, served the government for nearly a decade, transitioned into nonprofit work, and has recently spent time partially off-island continuing that work on behalf of the Territory. Under the proposed amendment, individuals with such contributions and ties might be ruled out.

Fundt also acknowledged that under the proposed law, even his former colleague Toatasi Tuiteleleapaga would not have qualified to run for governor or lieutenant governor in the most recent election, having not met the residency requirement.

He noted that others may find themselves in similar circumstances, those who left the Territory at a young age, or individuals born abroad to missionary parents who are both originally from American Samoa. Fundt urged lawmakers to consider the implications more carefully, suggesting additional deliberation on the strictness of the residency provision.

Responding to these concerns, Senator Togiola explained that the amendment’s core intent is to strengthen the connection and familiarity of candidates with the Territory they seek to govern. He expressed worry that some individuals residing off-island return simply to fulfill the one-year requirement in order to run for office, a move that may not reflect a deep, sustained engagement with local affairs.

“How much can you learn about the government, the people, the country, in twelve months?” Togiola asked. “We are looking for our future governors to be a little bit more familiar with the culture, the people, the government, its operations, and things that are happening here. Twelve months just does not seem sufficient time to get a good hang of what concerns us the most in American Samoa if you want to run the government.”

He acknowledged the example Fundt had raised, noting that Tuiteleleapaga’s case might represent a unique circumstance, a candidate who had previously lived and worked in the Territory, later moved off-island, and returned to meet the residency requirement.

Togiola agreed that such situations merit consideration but must be weighed alongside other pressing concerns. He reaffirmed the broader goal of the amendment and emphasized the United States’ responsibility to help safeguard the culture and customs of American Samoa.

The second witness, Special Advisor to the Senate President, Tasi Mauga expressed his full support of the proposed amendment to the bill, which he said represents a long overdue and necessary step forward for the future of leadership in American Samoa.

Mauga listed the three proposed changes to the qualification for the highest offices in the American Samoa government and why he supports them.

"First, the proposed change that the candidate must be of American Samoa ancestry is a respectful and empowering recognition of our cultural identity," he stated.

"Second, it strengthens the residency requirement, ensuring that those who seek the highest office must have lived amongst us, walked with us, and truly understand the challenges and aspirations of our people.

"Third, it maintains the age requirement at 35 years of age, which is proper in maturity we expect from our leaders. These changes are not discriminatory or to exclude, but they are about connection. They ensure that our leaders are not only eligible, but culturally rooted and actively engaged in the lives of our people and the Territory."

Fa’alagiga and Francis Claude were the final witnesses to testify at Monday's public hearing, both voicing strong support for the proposed bill.

Mr. Claude and his wife, Fa’alagiga, both retired Air Force veterans, have been married for over 40 years and now reside in her home village of Amanave.

Mr. Claude, a native of Washington D.C, who served during the Vietnam War, specifically praised the inclusion of the ancestry clause, emphasizing its vital role in safeguarding the cultural integrity of American Samoa’s leadership.

Wednesday morning, the Secretary of Samoan Affairs, Faiivae A. Godinet, appeared before the committee and expressed his full support for the bill.

He stated In his view, the legislation not only protects the interests of future generations but also safeguards Samoan culture and traditions, ensuring their preservation and continuity.

Senate President Tuaolo posed a pointed question to the Secretary of Samoan Affairs, asking if he would support a scenario in which a U.S. national, born in American Samoa to a father who was a citizen of Independent Samoa and a mother who was a palagi and U.S. citizen, sought to run for governor or lieutenant governor?

To illustrate his concern, Tuaolo referenced Attorney General Gwen Tauiliili-Langkilde, who fits this exact profile. Under current law, he noted, she would be ineligible to seek either office, despite being born in the Territory.

Faiivae affirmed the Senate President’s interpretation, stating that existing statutes would indeed disqualify such individuals. But he reasoned that the reverse would apply in Independent Samoa, where being born in American Samoa would preclude someone from seeking the prime ministership.

Samoa News adds historical context, noting that former Prime Minister Tofilau Eti Alesana was born in Vaitogi, American Samoa, in 1924, which highlights the longstanding familial and political ties between the two Samoas.

Senator Togiola offered a more precise clarification regarding the proposed amendment.

He emphasized that the definition of "ancestry" should not be limited to immediate parentage. Instead, he argued, individuals could trace their lineage through both maternal and paternal lines, even if both parents are from Independent Samoa, and determine whether any ancestral connections to American Samoa exist.

Togiola emphasized that the primary objective of this bill is to ensure that the highest offices in the American Samoa Government remain under the stewardship of the sons and daughters of American Samoa.

He expressed concern that these positions could eventually be occupied by individuals born in the Territory to non-Samoan parents. Togiola highlighted the significant increase in the number of foreigners residing in American Samoa, whose children, born locally, are now U.S. nationals and eligible to vote.

"My concern is that our children and descendants may be relegated to the background while the government is led by wealthy individuals who are not Samoan," Togiola stated. "This is a critical issue because, once our government is compromised in this way, our culture and way of life will suffer irreparable harm.

"This may not happen in our lifetime, but what about 20 years from now? I firmly believe we must address this possibility now. We cannot afford complacency, as their numbers grow each year, and there will come a time when they dominate the voting process."

Senator Togiola also referenced Senate President Tuaolo's warning about this pressing issue, where he has cautioned that one day, non-Samoans could occupy seats in the House of Representatives, representing districts and villages without any understanding of Samoan customs and traditions.

"What happens then?" Togiola asked. "They won't understand our needs because they are not Samoan, and matters related to our culture will be sidelined."

He concluded by urging senators and the public, including those on social media, to reflect deeply on this issue.

Togiola stressed that the heritage and birthright of future generations of American Samoa are at stake.