The Senate is not accepting a decision by Governor Lemanu Peleti Mauga not to put the veto override amendment on the ballot for the November 5 general elections, and is putting pressure on Chief Election Commissioner Dr. Uiagalelei Lealofi to follow the law and not the Governor’s decision.
Yesterday, the Chief Election Officer told a hearing of the Senate Judiciary Committee that he will obey the Governor’s decision.
After receiving Senate Joint Resolution 38-2 which would amend the constitution by giving the Fono the power to override the Governor’s veto of legislation, an authority which now rests with the Secretary of the Interior, Governor Lemanu informed Senate President Tuaolo Manaia Fruean that adding the amendment to the ballot for the November 2024 general election is not possible. He said, “Unfortunately, ballots for the general election have been printed and absentee ballots are already being distributed and eligible voters have cast ballots.”
The Governor said he will see to it that the proposed amendment will be prepared to be submitted to voters at the following general election.
The Senate Judiciary Committee yesterday questioned Election Commissioner Uiagalelei and the attorney for the Election Office, Nathaniel Savali, about what would happen to the proposed amendment.
Uiagalelei explained that he followed the law regarding the time frame that absentee balloting begins. He said the amendment arrived late, after ballot forms were printed. And, in fact, he told the committee that 280 voters have already cast ballots by absentee.
Senator Togiola Tulafono pointed out that the constitution dictates that after a proposed constitutional amendment is approved by the House and Senate it is presented to the Governor to put on the ballot for the next general election. He asked the election commissioner, if this was his understanding of the constitutional requirement. Uiagalelei said it was, but since the Governor has already made a decision, he will follow what the Governor says.
Togiola countered, “So no matter what the law says, if the Governor tells you what to do, you will obey the governor and not the law?”
Uiagalelei responded that he would follow the Governor’s directive.
“Even if it violates the law?” Togiola asked.
The Election Commissioner responded that it was difficult for him to reply with regards to a violation of the law. Togiola pressed on, “But you are the head of the Election Office, you make decisions regarding the elections and laws pertaining to the elections.”
Uiagalelei said from his own perspective regarding the political status of Tutuila and Manu’a, when there are conflicts, such as in this instance, the Governor has the authority to decide.
Togiola demanded that Uiagalelei quote the source of this authority, and said in his ten years as Governor, he never came across any law giving the Governor such authority.
The Election Office attorney Nathaniel Savali explained that there was a discussion between the Governor and the Election Commissioner after the Senate Joint Resolution for the veto override amendment was received. He said the request to put the amendment on the ballot went to the Governor, not the Election Commissioner. And the decision that the Governor has sent the Senate, was made by the Governor.
Senator Soliai Tuipine, who chaired the hearing, told Uiagalelei that the Election Office is independent and the Election Commissioner is not a member of the cabinet. “You should make the decision, not the Governor,” he declared.
When asked if he would put the veto override amendment on the ballot if the Governor changed his decision, Uiagalelei said he would follow the Governor’s directive.
The discussion also turned to whether it was possible to print separate ballot papers for the amendment. Uiagalelei said it’s possible.
Senator Muagututia Tauoa admonished the Election Commissioner saying he was mistakenly showing respect to the Governor when he had the authority to make a decision on this matter. He advised Uiagalelei to do what the Fono wants, and if he is fired, it’s because he followed the law.
Its been left to the Senate President to seek a discussion with the Governor regarding the veto override amendment.
