General Right to Vote
Constitution
(1967)

• Article II, section 4 states, "...Representatives shall be chosen by secret ballot of the qualified electors of their respective representative districts."
• Article II, section 7 states, "Every person of the age of 18 years or upwards who is a United States national and who has lived in American Samoa for a total of at least two years and has been a bona fide resident of the election district where he offers to vote for at least one year next preceding the election and who meets such registration requirements as may be prescribed by law shall be deemed a qualified elector at such election..."
• Article IV, section 2 states, "The Governor and the Lieutenant Governor of American Samoa shall, commencing with the first Tuesday following the first Monday of November 1977, be popularly elected and serve in accordance with the laws of American Samoa."

Exclusion Based on Intellectual Disability
Constitution
(1967)

• Article II, section 7 states, "...No person under guardianship, non compos mentis, or insane shall be qualified to vote at any election..."

Electoral Code

• Title 6, Chapter 2, section 6.0221, part (a) states, “Whenever the election officer receives from any recording or informing agency information of the death, loss of voting right of a person sentenced for...adjudication of insanity or feeblemindedness...If after the investigation he finds that the person is dead or non compos mentis....he shall remove the name of the person from the register.”

Voter Assistance
Electoral Law

• Title 6, Chapter 7, section 6.0709, part (a) states, “Any qualified elector who, by reason of illiteracy or blindness or other physical disability, is unable to mark his ballot, shall, if he so requests, receive the assistance of 2 district officials or of any qualified elector whome he may designate, in the marking thereof. Before rendering assistance or permitting assistance to be rendered, the district officials shall be satisfied that the physical disability exists. If a qualified elector with a physical disability finds it unduly burdensome for him to enter the polling place, he may be handed a ballot outside the polling place but within 100 feet thereof by the district officials and in their presence, but in a secret manner, mark and return it to the district official.”
• Title 6, Chapter 7, section 6.0709, part (b) states, “The district officials shall enter in writing in the record book the following...(1) the qualified elector’s name; (2) the fact that the qualified elector cannot read the names on the ballot, if that is the reason for requiring assistance, and otherwise, the specific physical disability which requires him to receive assistance; and (3) the name or names of the person or persons furnishing the assistance.”

Poll Worker Manual
2010 Candidate Manual

• Page 17 under “Identification” states, “The qualified elector is required to sign the Register verifying that he/she has exercised his/her right to vote. The signature requirement may be waived by the district official if, because of illiteracy or blindness or other physical disability, the qualified elector is unable to write.”
• Page 17 under “Assisting Illiterate or Disabled Voters” discusses the provisions for assisting such electors.

Off-Site Voting
Election Law

• Title 6, Chapter 11, section 6.1101, part (c) states, “Any qualified elector competent to vote at any election shall be allowed to vote in this section [who may vote by absentee ballot] if he falls in the following categories...(3) present in the Territory but absent from the district on election day because of (i) confinement to any hospital (ii) confinement in any public institution (iii) confinement at home because of illness or physical disability which will prevent him from attending the polls.”
• Section 6.1102 of the same chapter details the procedure for requesting and obtaining an absentee ballot.
• Chapter 11 discusses other provisions related to voting by absentee ballot generally.

• Constitution - http://www.asbar.org/asconst.htm
• Electoral Code - http://www.asbar.org/
• Click on ‘legal resources’ box on the left
• Click on ‘American Samoa Code’ (3rd option)
• Click on Title 6 Elections
• 2010 Candidate Manual - http://www.americansamoaelectionoffice.org/Forms/PDF_Forms/CANDIDATES%20MANUAL%202010/2010%20Candidate's%20Manual.pdf