ENTITLEMENT TO VOTE
A person who registers as required by law shall be entitled to vote at any election, and to be listed upon the appropriate general Register.
Every person who has reached the age of 18 years, or who will have reached the age of 18 years prior to the date of the next election, and is otherwise qualified to register, may register in the district in which he/she resides.
DETERMINATION OF RESIDENCY
No person may register or vote in any district other than that in which he/she resides, except where it is found that he/she has been inadvertently registered in the wrong district. In determining residency in the Territory, spouses may treat themselves separately from one another. The following rules shall determine residency for territory and district purposes.
A. The residency of a person is that place in which his/her habitation is fixed, and to which, whenever he/she is absent, he/she has the intention to return.
B. A person does not gain residency in any district into which he/she comes without the present intention of establishing his/her permanent dwelling place within that district.
C. If a person resides with his/her family in one place, and does business in another, the former is his/her place of residence; but any person having a family, who establishes his/her dwelling place other than with his/her family, with the intention of remaining there, shall be considered a resident where he/she has established his/her dwelling place.
D. The mere intention to acquire a new residence without physical presence at that place does not establish residency; neither does mere physical presence without the concurrent present intention to establish that place as his/her residence.
E. A person does not gain or lose residency solely by reason of his/her presence or absence while employed in the service of the United States or of this territory, or while a student of an institution of learning, or while kept in an institution or asylum, or while confined in prison.
F. The status of a person’s primary matai obligations are a factor in determining district residency. However, matai obligations alone may not sustain a finding of district residency absent other evidence which, in connection with evidence of matai obligations, is sufficient to sustain this intent.
G. A person loses his/her residency in this Territory if he/she votes in an election held elsewhere by absentee ballot or in person.
H. The term of residence is computed by including the day on which the person’s residence commences and by excluding the day of election.
I. Final determination of a question regarding residency shall be made by the Chief Election Officer, subject to appeal to the Board of Registration.
APPLICATION TO REGISTER
A. Any person qualified to and desiring to register as a qualified elector in any election may present himself/herself at any time during business hours to an election officer, then and there to be examined under oath as to his/her qualifications as a qualified elector. Except that absent uniformed service members and overseas voters may register to vote in abstentia and vote in elections for the Delegate to the U.S. House of Representatives. In addition, absent uniformed service members, listing American Samoa as their home of record, may register to vote in abstentia and vote in local elections. See Appendix A for more information.
All applicants desiring to register shall furnish the Chief Election Officer with identification duly issued by a governmental agency, containing a photographic likeness of the applicant, and shall make and subscribe to an application in the form of an affidavit. The affidavit must contain the following information:
2. Social Security Number;
3. Date of Birth;
6. Place of Current Employment;
7. That the residence stated in the affidavit is not simply because of the person’s presence in the territory/district, but that the residence was acquired with the intent to make American Samoa/district, the person’s legal residence with all the accompanying obligations therein; and
8. That the person is a U.S. Citizen or a U.S. National.
B. The applicant shall swear to the truth of the allegations in his/her application before the Election Officer. Unless contested by a qualified elector, the Election Officer may accept as prime facie evidence the allegations of the applicant contained in the affidavit. In any other case where the Election Officer shall so desire or believe it to be expedient, he/she may demand that the applicant furnish substantiating evidence to the allegations of his/her application.
C. If the Election Officer is satisfied that the applicant is entitled to be registered as a voter, the applicant shall then affix his/her signature to the affidavit and the Election Officer shall affix his/her signature; or he/she shall enter “unable to sign” and the reason in the space provided for the applicant’s signature.
D. A qualified elector having once been registered shall not be required to register again for any succeeding election, except otherwise provided by law.