Chapter 08 - Vote Count

Chapter 08 - Vote Count

6.0801 Vote count.

Ballots shall be counted in accordance with this chapter. In districts using paper ballots or cards, a ballot shall be counted even though that ballot has less names voted for than can be elected. If a ballot has more names voted for than can be elected, that ballot shall not be counted.

6.0802 Method of counting.

Immediately after the close of the polls, the district officials shall proceed to count the ballots in the manner as designated by the Chief Election Officer. For each election, the Chief Election Officer shall designate either that the ballot boxes be sealed and forwarded to a central polling place for counting, or that the ballots be counted at the individual polling places. In either case, the ballots shall be counted as follows:

(a) The whole number of ballots shall first be counted to see if their number corresponds with the number of ballots cast as recorded by the district officials.

(b) If the number of ballots corresponds with the number of persons recorded by the district officials as having voted, the election officials shall then proceed to count the vote cast for each candidate.

(c) If there are more ballots or less ballots than the record calls for, the election officials shall proceed under section 6.0803.

6.0803 More or less ballots than recorded.

(a) If there are more ballots than the poll book calls for, this shall be an overage; if less, it shall be an underage. The election officials shall make a note of this fact on a form to be provided by the Chief Election Officer. After making this notation, the election officials shall proceed to count the ballots in the manner provided by law. The form recording the overage or underage shall be sent directly to the Chief Election Officer separate and apart from the other election records.

(b) As soon after the election as possible the Chief Election Officer shall make a list of all districts in which an overage or underage occurred and the amount of the overage or underage. This list shall be posted in the office of the Chief Election Officer. The list is a public record.

(c) An election contest may be brought under sections 6.0902 and 6.0903 if the overage or underage in any district could affect the outcome of an election.

6.0804 Records disposition.

(a) The final duty of the district officials in the operation of the district shall be to gather all records and supplies delivered to them and return them to the sending official.

(b) The used ballots shall be kept secure and handled only in the presence of authorized persons in accordance with rules adopted for the various voting systems. After all the ballots have been tabulated, they shall be sealed in containers. Thereafter these containers shall be unsealed and resealed only as prescribed by rules governing the elections.

(c) The Chief Election Officer may destroy the ballots and other election records when the Chief Election Officer has certified all elected candidates.

6.0805 Certification of results of election.

On receipt of certified tabulations from the election officials concerned, the Chief Election Officer shall compile, certify, and release the election results. The number of persons to be elected receiving the highest number of votes in any representative district shall be declared to be elected or in the case of territory-wide election of the Governor and Lieutenant Governor, and the Delegate-at-Large, the person or team receiving the highest number of votes in the territory shall be declared to be elected.

6.0806 Certificate of election—Form.

The Chief Election Officer shall deliver certificates of election to the persons elected as determined under section 6.0805. These certificates shall be delivered only after the expiration of the time for bringing an election contest. If there is an election contest, the certificate shall. be delivered only after a final determination in the contest has been made and the time for an appeal has expired. The certificate shall be substantially in the following form:


“I , Chief Election Officer of American Samoa, do hereby certify that was on the day of 19 , duly elected a (name of office) for the district (or territory) for a term expiring on the day of A.D. 19 .

Witness my hand this day of A.D. 19 .

Chief Election Officer