Whenever used in chapters 01 through 12 of this title, the following words and phrases shall, unless it is inconsistent with the context, be construed as follows:

(a) “Absent uniformed services voter” means:

(1) a member of a uniformed service on active duty who, by reason of such active duty, is absent from the place of residence where the member is otherwise qualified to vote;

(2) a member of the merchant marine who, by reason of service in the merchant marine, is absent from the place of residence where the member is otherwise qualified to vote; and

(3) a spouse or dependent of a member referred to in subparagraph (1) or (2) who, by reason of the active duty or service of the member, is absent from the place of residence where the spouse or dependent is otherwise qualified to vote.

(b) “Ballot”, including an absentee ballot, means a written or printed, or partly written and partly printed paper or papers containing the names of persons to be voted for, the office to be filled, and the questions or issues to be voted on. A ballot may consist of one or more cards or pieces of paper depending on the number of offices, candidates to be elected thereto, questions or issues to be voted on, and the voting system in use.

(c) “Candidate” means an individual who seeks nomination for election, or election to any elective public office.

(d) “Chief Election Officer” means the head of the election office or his designee.

(e) “County” means the counties of Sua, Vaifanua, Saole, Ma’oputasi, Ta’u, Fitiuta, Faleasao, Olosega, Fofo, Itu’au, Ofu, Tualatai, Leasina, Ma’upu and Lealataua.

(f) “District officials” means persons appointed by the Chief Election Officer to serve the purposes of this title.

(g) “Districts” means the representative districts established by law.

(h) “Election” means all elections, general, special, or runoff unless otherwise specifically stated.

(i) “Election officials” or “officers” means persons designated as officials by the Chief Election Officer to perform functions under chapters 01 through 12 of this title.

(j) “Member of the merchant marine” means an individual (other than a member of a uniformed service or an individual employed, enrolled, or maintained on the Great Lakes or the inland waterways):

(1) employed as an officer or crew member of a vessel documented under the laws of the United States, or a vessel owned by the United States, or a vessel of foreign-flag registry under charter to or control of the United States; or

(2) enrolled with the United States for employment or training for employment, or maintained by the United States for emergency relief service, as an officer or crew member of any such vessel.

(k) “Office” means an elective public office.

(l) “Overseas voter” means:

(1) an absent uniformed services voter who, by reason of active duty or service is absent from the United States on the date of the election involved;

(2) a person who resides outside the United States and is qualified to vote in the last place in which the person was domiciled before leaving the United States; or

(3) a person who resides outside the United States and (but for such residence) would be qualified to vote in the last place in which the person was domiciled before leaving the United States.

(m) “Qualified electors” means persons duly registered to vote.

(n) “Special election” means any single election required by constitutional provision or by law to be held to fill a vacancy or to determine a special issue and includes the special election of the Governor and Lieutenant Governor on 8 November 1977.

(o) “Voting system” means the use of paper ballots or any system by which votes are cast and counted.

History: 1977, PL 15-42 § 1; 1980, PL 16-72 § 2; amd 2002, PL 27-31; amd 2010, PL 31-17.

Amendments: 1980 Subsection (b) added.

1985 Subsection (c): deleted Attorney General is set forth in section 6.0103” and added “head of the election office”.