2010 American Samoan constitutional referendum

There were a total of 34 or 39{{cite news|url=http://www.rnzi.com/pages/news.php?op=read&id=56697|title=Faleomavaega doubts success of federal law challenge in American Samoa|date=October 28, 2010|work=Radio New Zealand |accessdate=November 3, 2010}} proposed amendments to the Constitution.

At a Constitutional convention in the middle of 2010, the subject of autonomy for American Samoa was discussed, with the issue being raised by the territory's non-voting member in the United States House of Representatives, Eni Faleomavaega.{{cite news|url=http://www.rnzi.com/pages/news.php?op=read&id=54201|title=American Samoa call for autonomy referendum|date=June 16, 2010|work=Radio New Zealand|accessdate=October 18, 2010}} Resulting from this, the proposed Constitution replaced all mentions of "Government of American Samoa" with "American Samoa Government".Government of American Samoa, pp. 6–16 Additionally, a paragraph in the preamble to the Constitution was proposed to be changed to reflect that American Samoans should "have and enjoy certain rights ... including the right to local self-government".Government of American Samoa, p. 5 Furthermore, if the changes were accepted, any federal American law seen as being harmful to the economy of the territory or the welfare of American Samoans could be blocked by the Fono.{{cite news|url=http://www.rnzi.com/pages/news.php?op=read&id=56776|title=American Samoa votes|date=November 2, 2010|accessdate=November 3, 2010|work=Radio New Zealand}}

Other proposed changes to the Constitution included expanding the American Samoa House of Representatives from 20 members (plus one non-voting member from Swains Island) to 25 (plus one), and the American Samoa Senate from 18 to 22 members.Government of American Samoa, p. 9

The power of the Governor of American Samoa's veto would have changed with the introduction of veto override into the Constitution, whereby a bill passed by a two-thirds majority by both houses of the American Samoa Fono within 14 months of an original veto will become law immediately.Government of American Samoa, p. 13 As the referendum failed, any vetoed law re-passed by the Fono still requires further approval by the Governor or the United States Secretary of the Interior. A prior referendum on the issue in 2008 failed by 112 votes, after original results showed a mere 22-vote margin.{{cite news|url=http://www.samoanews.com/viewstory.php?storyid=2142|author=Fili Sagapolutele|title=Election 2008 – Unfinished Business|accessdate=October 18, 2010|work=Samoa News|archive-url=https://web.archive.org/web/20110717135414/http://www.samoanews.com/viewstory.php?storyid=2142|archive-date=2011-07-17|url-status=dead}}

The revised draft included a proposal to effect an order of succession should the office of Governor or Lieutenant Governor of American Samoa be vacant.Government of American Samoa, pp. 16–17

The new Constitution would have also provided a Samoan language curriculum in the territory's educational system, and introduced a system for post-secondary education to American Samoa.Government of American Samoa, p. 8 Additionally, it would have established a Public Utilities and Services Commission for the territory, and mandated the enforcement of immigration laws "in order to protect the Samoan culture, lands and way of life".Government of American Samoa, p. 18

Despite there being between 30 and 40 different proposed changes to the constitution approved at the constitutional convention all changes were put to a public vote in a single-question referendum. Voters only had the choice to approve all or reject all the proposals, and could not vote on each one individually,{{cite news|url=http://www.samoanews.com/viewstory.php?storyid=19844&edition=1287309600|archive-url=https://web.archive.org/web/20110717135453/http://www.samoanews.com/viewstory.php?storyid=19844&edition=1287309600|url-status=dead|archive-date=July 17, 2011|title=Gov dismisses claims he is responsible for one-question referendum|author=Fili Sagapolutele|date=October 17, 2010|accessdate=October 18, 2010|work=Samoa News}} resulting in criticism from voters.

Governor Togiola Tulafono was accused of presenting it as a single question in the poll because he wanted approval for all the changes, a charge he denied. The decision to put all the changes on the ballot as a single question had been made by the chief elections officer, who claimed it was "the simplest way to put the question to voters."

The ballot contained the following sole question, printed in both English and Samoan in bold, block letters: "Do you approve the 2010 amendments to the Revised Constitution of American Samoa?" Voters had a choice of voting "yes" or "no".{{cite news|url=http://www.samoanews.com/viewstory.php?storyid=20214|title=ELECTION UPDATE: Sample ballot for referendum released|author=Fili Sagapolutele|work=Samoa News|accessdate=November 3, 2010|archive-url=https://web.archive.org/web/20110717135511/http://www.samoanews.com/viewstory.php?storyid=20214|archive-date=2011-07-17|url-status=dead}}

Limited public campaigning took place on the issue of rejecting the constitutional referendum. In Tualauta County in the Western District, the most heavily populated county in American Samoa, there was reportedly concentrated lobbying against the referendum, which was defeated by 609 votes.

The only other public campaigning occurred in Utulei and Tafuna, where a number of residents campaigned against the vote with an advertisement which centered around the decision of the chief elections officer to group all the proposed changes together. The advertisement complained that the amendments "should have been separated, item by item and placed individually on the ballot; they weren't."{{cite news|url=http://www.samoanews.com/viewstory.php?storyid=20397&edition=1288778400|archive-url=https://web.archive.org/web/20110717135520/http://www.samoanews.com/viewstory.php?storyid=20397&edition=1288778400|url-status=dead|archive-date=July 17, 2011|title=Voters strongly reject constitutional revisions|author=Fili Sagapolutele|date=November 3, 2010|work=Samoa News|accessdate=November 5, 2010}}

Voters rejected the amendments to the Constitution in all 17 electoral districts of American Samoa as well as in the absentee ballot poll.

{{Referendum results

| for = 3257

| against = 7660

| electorate = 16144

| source = [https://www.sudd.ch/event.php?lang=en&id=as012010 Direct Democracy]

}}

{{Reflist}}

• {{cite web|format=pdf |title=Final Draft of 2010 Amendments to the 1967 Revised Constitution of American Samoa |url=http://americansamoa.gov/sites/default/files/concon/Final_Draft.pdf |work=Government of American Samoa |accessdate=October 18, 2010 |url-status=dead |archive-url=https://web.archive.org/web/20110716140622/http://americansamoa.gov/sites/default/files/concon/Final_Draft.pdf |archive-date=July 16, 2011 }}

{{American Samoan elections}}

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Category:Constitutional amendments

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