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A. Samoa upholds Sunia’s win
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Posted on Dec 07 2000
PAGO PAGO, American Samoa (AP) — In a close election that has in many ways mirrored the U.S. presidential race, the High Court for this U.S. territory has upheld Gov. Tauese Sunia’s re-election, rejecting a challenge by the runner-up.
Sunia garnered 6,110 votes in the Nov. 7 election to 5,769 for runner-up Leala P. Reid.
Reid, a territorial senator, challenged the outcome, accusing Chief Election Officer Soliai T. Fuimaono of errors that made declaring a clear winner impossible and saying Fuimaono’s handing of the vote left it open to fraud.
In its Friday ruling, the five-judge panel said it found no reason to question the outcome of the vote. The judges said Reid had failed to provide “clear and convincing evidence” for overturning the election.
The 40-page opinion said American Samoan “law allows this court to void elections based on the uncertainty of valid votes cast, not on votes that might have been cast,” language clearly paralleling recent events in the U.S. presidential election.
During a three-day hearing, Fuimaono denied any wrongdoing, errors, allegations that absentee ballots were tampered with and that an overcount occurred at one of the 44 polling stations.
However, he acknowledged some absentee ballot requests were denied “because the individuals failed to provide a forwarding address, or because they failed to respond to a request for verification of their status.”
At issue was the eligibility of 136 registered voters who requested absentee ballots to vote from off-island because they would be traveling on election day for health reasons, vacation, business or ministry.
Fuimaono said only those who are in the U.S. military, working for the U.S. government or studying abroad can submit absentee ballots from overseas. The court urged the territorial legislature “to correct this administrative restriction upon statutory voting rights.”
Based on the High Court’s ruling, the Election Office was expected to certify Sunia’s election later this week.
American Samoa, about 2,300 miles south of Hawaii, has a population of 47,000.
