SENATE JOINT RESOULTION 38-2

EVERYTHING YOU NEED TO KNOW ABOUT...

BACKGROUND

In September 2024, legislation introducing a Legislative Override of Executive Vetoes was passed and signed by Governor Lemanu P.S. Mauga. It has been placed on the ballot as a referendum during the general election on November 5th., 2024

Let’s break down what a referendum is and the process that got us here.

When a referendum is on the ballot, it's a vote by the people of American Samoa on a proposed change to the American Samoa Constitution. The Constitution is the framework of our society and defines the American Samoa Government.

The American Samoa Constitution was initiated in 1956 by then-Governor Richard Barrett Lowe, who appointed a Constitutional Committee.

The original Constitution was adopted by a 68-member Constitutional Convention, signed by the members of the Convention and United States Secretary of the Interior Fred Andrew Seaton on 27 April 1960, and became effective on October 17, 1960.

A Constitutional Convention of American Samoa in Fagatogo began on September 26, 1966, approved several amendments, and became effective July 1, 1967. It included a bill of rights and protected American Samoans against alienation of their lands and loss of culture.

Now, a referendum has a way to go for it to make it on a ballot. Let's look at how legislation here in American Samoa, a bill or resolution, is introduced and ultimately signed by the Governor.

The Life of a Bill.

DETAILS OF SJR 38-2

Veto Override Referendum Reel Script

Talofa American Samoa! Guess What? There will be an additional question on your voting ballot this year.

It’s called a referendum.

A referendum is a vote to change the American Samoa Constitution.

All bills have to go to the governor for his approval or veto before it becomes a law. It can be passed, or in this case the law currently states that if a bill is vetoed by the Governor

It is returned to the FONO with his comments and reasons why he vetoed the bill.

However, it can be passed over his veto by a two-thirds majority vote of the entire membership of each house, but no later than 14 months after the bill was vetoed.

This repassed bill can then be presented to the Governor for his approval. If he does not approve it within 15 days, it will be sent to the Secretary of the Interior and they have 90 days to approve it, otherwise it will not pass.

Which leads us back to the referendum....

The American Samoa Fono passed a joint resolution amending article 2, section 9 of the Revised Constitution of American Samoa.
SJR 38-02 states that "amendment provides for a legislative override of executive vetoes without action by the Secretary of the Interior."
So instead of sending it to the Secretary of Interior, the referendum allows lawmakers to reverse a veto decision made by the Governor without the approval from the
Secretary of Interior.

AND, all repassed bills will become law after 90 days of the session in which it was repassed.

With that being said, Dont forget to vote! Your vote, our future!

DOWNLOAD AND READ ENTIRE RESOLUTION

NEXT STEPS

REGISTER TO VOTE

Ensure you are a have met all the requirements to be a registered voter.

ABSENTEE VOTER

Early Voting is now opened. If you meet these conditions, sign up to vote now.

1. Traveling and will not be in the Territory on Nov. 5.

2. Medical Reasons that you are unable to leave your home to vote.

3. Confined to a public institution.

UNDERSTAND WHAT YOU ARE VOTING ON

TURN OUT

Take your time to educate yourself on SJR 38-2 and you know the pros and cons of the referendum.

If you have met these requirements, then you are ready to turn out on November 5th to the election office's office polling station in your district, and fill out your ballot.