Swains Representative Su’a Alexander Jennings is asking the High Court of American Samoa to find the Speaker of the House, Savali Talavou Ale in violation of the Revised Constitution of American Samoa by denying him the right to vote from January 16 to February 13.
Su’a, represented by attorney David Wiesner filed a complaint for declaratory relief on Friday naming Savali Talavou Ale, in his official capacity of Speaker of the American Samoa House of representatives as the defendant.
The complaint states that one of the five constitutional amendments passed by voters in November 2022 gives the Swains Island Delegate the right to vote in the House of Representatives.
On January 16, 2025 former Secretary of the Interior, Deb Haaland approved the five constitutional amendments through the signing of a decision memorandum, which took place in the presence of Congresswoman Uifaatali Amata Coleman Radewagen. A press release was issued by the Congresswoman the same day confirming that Secretary Haaland had approved the five amendments.
According to the complaint, Jennings in his capacity as a delegate to the 2022 Constitutional Convention informed the Speaker on January 16, of the approval of the 2022 constitutional amendments. “However the defendant has refused to recognize the effectiveness of the five amendments, and thus has refused to allow the plaintiff to vote in the House.”
Jennings asserts that there is no provision in the American Samoa Constitution requiring notification to the Speaker of the House of Representatives in order for constitutional amendments approved by the Secretary of the Interior to become effective.
The complaint states that on February 6, Director of the Office of Insular Affairs, John Brewer, forwarded an official notice of the approval of the five amendments to the Governor with copies to the President of the Senate as well as the Congresswoman. But despite the notice, states the complaint, the House Speaker is still refusing to recognize the amendment which gives the Swains Island Delegate a constitutional right to vote in the Legislature.
In addition to routine voting matters Jennings complains that he has been prohibited the right to vote on several cabinet appointments of the new administration.
He states that he was informed by Fono attorney Nathaniel Savali on February 11 that he had received a copy of the February 6, notification from the Department of Interior that the amendments have been approved.
On February 12, he raised issue with the fact that he is still not able to vote, by raising a point of order.
However he was removed from the House Chamber by the Sgt at Arms on orders of the defendant, the House Speaker.
Jennings claims that he has never received an official notification from the defendant or any member of the House of Representatives that he has been suspended indefinitely from the House.
He alleges that the Speaker has overstepped his authority unilaterally deciding to deny him the right to vote as a member of the House of Representatives, and as a result he has suffered an unlawful deprivation of his constitutionally protected right to vote in the House and he will continue to suffer such injury unless and until he’s granted the relief he’s seeking.
Jennings is asking the court to declare that the Speaker violated Article II Section 2 of the Revised Constitution of American Samoa from January 16 to the present by refusing to allow him to vote from January 16 to February 13, under a dubious procedure; to find that the speaker violated Article V Section 4 of the Revised Constitution by delaying the implementation of the 2022 amendments based on a personal desire that he be notified of a decision by the Secretary of the Interior prior to honoring the Secretary’s January 16 Decision Memorandum and that the court recommend criminal charges be brought against the defendant regarding the defendant’s attempt at preventing him from voting in the Legislature.
Jennings is also asking for punitive damages in an amount to be assessed at trial, but no less than $10,000 per vote from January 16, to the date he is allowed to vote.
