Scanlan v. Reed
Scanlan v. Reed
Opinion of the Court
This is an appeal from the decision of the Board of Registration that appellee Liki Reed is a qualified elector in House of Representatives District #8, comprising the village of Fagatogo. On November 8, 1988, Reed was re-elected Representative for District 8. Appellant was the only losing candidate. Although the appeal seeks only a declaration that Reed was ineligible to vote in the district and his removal from the list of voters, we assume the intended effect of the appeal is to secure the certification of appellant as the winner of the election.
The facts are undisputed. Reed grew up in Fagatogo and lived there until he went away to college in the United States. Upon his return he lived in Fagatogo for two years and then moved into a house in Gataivai, which is outside District 8. Reed had acquired the house, or a share in it, through inheritance in 1962. His family, his church, and his business are in Fagatogo. He serves the Lutu title, which is appurtenant to Fagatogo although it also has lands in Utulei. He is an officer and active member of the Fagatogo Aumaga. He has voted in Fagatogo since 1974 and has never voted in Gataivai. He was elected Representative from District 8 in 1986 and reelected this year.
Eight years is a long time to live in a place without intending to make it one’s permanent residence. The existence of such an intention remains, however, a question of fact to be decided in light of all the circumstances; the statute makes it clear that physical presence alone is not dispositive of intent. In Dole v. Attorney General. AP No. 23-78, this Court held that a man who had resided in Futiga for ten years was still a resident of Fagatogo, since he "resides in Futiga only for convenience, having never intended to give up his residence in Fagatogo." Id.. slip opinion at 3, decided December 5, 1978. In Dole, as counsel for appellant points out, the Court noted that the voter owned a house in Fagatogo although he physically resided in Futiga. In this case the objective indicia of intent --- participation in church and aumaga in Fagatogo, voting in Fagatogo, serving the Lutu title in Fagatogo,
The decision of the Board of Registration is affirmed.
A.S.C.A. § 6.0212(f) provides in pertinent part that "[t]he situs of a person’s primary matai obligations are a factor in determining district residency."
Case-law data current through December 31, 2025. Source: CourtListener bulk data.