People from American Samoa can vote in local territorial elections and in presidential party caucuses, but they cannot vote in U.S. presidential or congressional general elections. The reason is a status quirk: people born in American Samoa are U.S. nationals, not U.S. citizens, and every state requires citizenship to register to vote. So the short answer to whether American Samoa can vote in U.S. elections is that the territory participates in the nominating process and runs its own elections, but its residents are shut out of the November federal ballot unless they naturalize.
U.S. National, Not U.S. Citizen
Federal immigration law defines a “national of the United States” as either a citizen or someone who owes permanent allegiance to the United States without being a citizen.1Office of the Law Revision Counsel. 8 U.S. Code 1101 – Definitions Anyone born in an “outlying possession” of the United States is a national but not a citizen at birth.2Office of the Law Revision Counsel. 8 U.S. Code 1408 – Nationals but Not Citizens of the United States at Birth American Samoa is the only permanently inhabited territory that fits that category. Congress passed separate statutes granting birthright citizenship to people born in Puerto Rico, Guam, and the U.S. Virgin Islands. It never passed one for American Samoa.
A U.S. national can live and work anywhere in the country without a visa or green card and carries a U.S. passport. The passport contains a printed endorsement reading “THE BEARER IS A UNITED STATES NATIONAL AND NOT A UNITED STATES CITIZEN.”3U.S. Department of State. 8 FAM 505.2 Passport Endorsements That endorsement is what closes the polling booth. Nationals cannot vote in federal elections, and they cannot register to vote in state elections either, because every state’s voter registration requires U.S. citizenship. They also cannot serve on federal juries.4United States Courts. Jury Service
What American Samoans Can Vote For
At the territorial level, residents have a functioning democratic system. They vote for their governor, lieutenant governor, and members of the Fono, American Samoa’s bicameral legislature.5American Samoa Election Office. Candidates Information The Fono’s House members are directly elected; its senators are selected through county councils of matai, reflecting the territory’s ties to Samoan custom.6Ballotpedia. American Samoa Fono
The Non-Voting Delegate
American Samoa also elects a delegate to the U.S. House of Representatives. The position is authorized by federal statute, but the delegate cannot vote on final passage of legislation.7Office of the Law Revision Counsel. 48 U.S. Code 1731 – Delegate to House of Representatives From American Samoa The delegate can serve on committees, join debate, and vote on amendments in committee.
Presidential Primaries and Caucuses
Here is the counterintuitive part. American Samoans cannot vote for president in November, but they can help decide who appears on that ballot. Both the Democratic and Republican parties allow American Samoa to participate in the presidential nominating process through caucuses. The territory selects delegates who attend the national conventions and cast votes for candidates. These caucuses are run by the local party organizations under each national party’s rules, not by the territorial government.
Why the Territory Gets No Electoral Votes
Even if every American Samoan were a citizen, the territory itself would still cast no electoral votes. The Constitution gives only states the power to appoint presidential electors, and Article II, Section 1 ties the number of electors to a state’s senators and representatives. The 23rd Amendment, ratified in 1961, extended electoral votes to the District of Columbia and nothing more.8Library of Congress. U.S. Constitution – Twenty-Third Amendment American Samoa, Puerto Rico, Guam, the U.S. Virgin Islands, and the Northern Mariana Islands are all outside that mechanism. Changing it would require a constitutional amendment or statehood.
Challenges to the Citizenship Rule
Courts have been asked whether the 14th Amendment’s Citizenship Clause should guarantee birthright citizenship in American Samoa. In Tuaua v. United States (2015), the D.C. Circuit ruled that it does not, reasoning that imposing citizenship could be “impractical and anomalous” given the territory’s distinct traditions.9Justia. Tuaua v. United States, No. 13-5272 (D.C. Cir. 2015) A later challenge, Fitisemanu v. United States, reached the same result after an initial ruling for the plaintiffs was reversed en banc; the Supreme Court declined to hear it in October 2022.10SCOTUSblog. Fitisemanu v. United States For now, birthright citizenship in American Samoa would take an act of Congress. American Samoan leaders have at times resisted automatic citizenship out of concern that it could undermine traditional land ownership rules and the cultural framework known as fa’a Samoa.
How to Gain Full Voting Rights
A U.S. national from American Samoa who wants to vote in federal and state elections can naturalize, and the path is shorter than most people realize. Under federal law, a non-citizen national can naturalize simply by establishing residence in any U.S. state.11U.S. Government Publishing Office. 8 U.S. Code 1436 – Nationals but Not Citizens; Residence Within Outlying Possessions There is no green card step. Time spent living in American Samoa counts toward the continuous residence and physical presence requirements that normally apply. USCIS policy requires just three months of residence in a state or USCIS service district before filing.12USCIS. Policy Manual – Volume 12, Part D, Chapter 6 – Jurisdiction, Place of Residence, and Early Filing
The application itself follows the standard track. You file Form N-400, complete an interview with a USCIS officer, and pass English and civics tests.13USCIS. The Naturalization Interview and Test Applicants must be at least 18, show good moral character, and take an oath of allegiance. The critical difference is timing. A foreign-born immigrant typically waits five years as a permanent resident before applying. A U.S. national from American Samoa can file after three months in a state, because years of residence in the territory already satisfy the continuous presence requirement. Once naturalized and registered in a state, you can vote in every federal and state election that state holds.