6.0103.1 Election office-Chief Election Officer-Appointment-Removal-Budget.

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(a) There is established in the executive branch of the American Samoa Government a permanent, independent election office. The election office is headed by the Chief Election Officer, who shall be appointed by the Governor and confirmed by the Legislature.

(b) The term of the first appointed Chief Election Officer shall be four years, commencing on the date of confirmation by the Legislature. All subsequent terms shall be three years, commencing on the date of confirmation. If the Chief Election Officer vacates or for any reason is incapable of performing the duties of the office, the Deputy Chief Election Officer shall be the Acting Chief Election Officer. In no case may the Deputy Chief Election Officer serve as Acting Chief Election Officer for more than 180 days, whether consecutive or not, within one year from the first day served as Acting Chief Election Officer.

(c) The Chief Election Officer must be a person experienced and competent in running an election and records management, and be knowledgeable about election law.

(d) The Chief Election Officer may be removed from office by the Governor, only upon showing of one or more of the following causes: conviction of a felony or misdemeanor; mental or physical incapacity; gross mismanagement; or grossly unethical conduct. The Chief Election Officer is entitled to the same notice and hearing procedures provided for other government employees

(e) The election office shall have its own budget account and be included in the budget procedures of Title 10 A.S.C.A., provided for other executive agencies.

History: 1985, PL 19-3 1 § 7.