American Samoa, Amendment 8, Governor Impeachment Measure (2022)
| American Samoa Amendment 8 | |
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| Election date |
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| Topic Impeachment rules and State legislative authority |
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| Status |
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| Type Constitutional convention referral |
Origin |
American Samoa Amendment 8 was on the ballot as a constitutional convention referral in American Samoa on November 8, 2022. It was approved.
A "yes" vote supported creating a legislative impeachment process to allow for the impeachment of governors and lieutenant governors. |
A "no" vote opposed creating a legislative impeachment process to allow for the impeachment of governors and lieutenant governors. |
Election results
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American Samoa Amendment 8 |
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| Result | Votes | Percentage | ||
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4,094 | 60.59% | ||
| No | 2,663 | 39.41% | ||
Measure design
Amendment 8 created an impeachment process for governors and lieutenant governors by authorizing the House of Representatives to bring articles of impeachment against the officeholder by a two-thirds (66.67%) vote. The amendment gave the Senate the power to try impeachment with the chief justice of the High Court presiding. Under Amendment 8, a conviction requires a two-thirds vote of the Senate, and a conviction removes the officeholder from office and disqualifies the person from holding any future office in American Samoa.
Text of measure
Ballot title
The ballot title for Amendment 8 was as follows:
| “ | This amendment shall include an impeachment process for the Governor and Lt. Governor. | ” |
Constitutional changes
- See also: American Samoa Constitution
The measure amended section 26 of Article II of the American Samoa Constitution. The following underlined text was added, and struck-through text was deleted:[1]
(b) The Legislature shall provide for the manner, procedure, and causes for impeachment including for conviction of felonies and for a course of conduct amounting to a gross abuse of power, as defined by law.
(c) The House of Representatives has the sole power to bring articles of impeachment upon a vote of at least 2/3 of the entire membership. The Senate has the sole power to try impeachment, with the Chief Justice presiding, and, may not convict unless at least 2/3 of the entire membership concur. The members when sitting for that purpose shall be on oath or affirmation.
(d) Conviction shall extend only to removal from office and disqualification to hold and enjoy any office of trust, honor, or profit under the Territory. The party. whether convicted or acquitted, is also liable to other prosecution under the law.[2]
Background
American Samoa constitutional conventions
As of 2022, the American Samoa Constitution authorized the governor to appoint a Constitutional Committee to propose amendments to a constitutional convention. Delegates to the constitutional convention were selected by their respective county councils. The number of delegates per county was calculated by dividing the population of the county by 400, and every county was guaranteed at least one delegate. Amendments proposed needed to receive a simple majority vote by voters and be approved by the U.S. Secretary of Interior.
The 2022 convention was the 6th convention since 1966. The last convention occurred in 2010. The 2010 referendum asked voters one question: "Do you approve the 2010 amendments to the Revised Constitution of American Samoa?" The question was rejected by a margin of 70.1% opposing the amendments to 29.9% supporting.[3][4][5]
Path to the ballot
The American Samoa Constitution authorized the governor to call a constitutional convention consisting of delegates appointed by county councils. The 6th Constitutional Convention of American Samoa convened on August 29, 2022, and adjourned on September 2, 2022. The number of delegates appointed was 129. The convention voted to refer 11 constitutional amendments to the ballot.[6][3]
The amendments needed a simple majority vote for approval. If approved, the amendments also needed to be approved by the U.S. Secretary of Interior.
See also
Footnotes
- ↑ American Samoa, "Amendment Texts," accessed October 3, 2022
- ↑ Note: This text is quoted verbatim from the original source.
- ↑ 3.0 3.1 American Samoa, "Office of the Governor of Samoa," June 20, 2022
- ↑ Samoa News, "ELECTION UPDATE: Sample ballot for referendum released," accessed October 3, 2022
- ↑ Samoa News, "Voters strongly reject constitutional revisions," November 3, 2010
- ↑ Talanei.com, "11 proposed constitutional changes on the ballot," September 9, 2022
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