§1593 Initiative and recall

Summary

People in the Virgin Islands can propose new laws or changes by initiative and can remove elected officials by recall. An initiative can make, change, or cancel any local law except one the legislature called an emergency for health, safety, or peace. If an initiative lowers taxes, it must also cut spending or raise other revenue by the same amount. Each initiative must stick to one main subject. Before collecting signatures, backers must give the full proposed text and either 1% of voters in each legislative district or 4% of all voters to the Supervisor of Elections. The Supervisor has 10 days to check those names. If they are enough, an official board (Attorney General, Supervisor of Elections, and legislative counsel) will write the ballot title, question, and a short summary in a public hearing within 30 days. After that, promoters have 180 days to gather final signatures equal to 10% of voters in each district or 41% of all voters. The Supervisor has 15 days to verify. The legislature has 30 days to accept or reject a certified initiative. If it rejects the measure, it goes on the next general election ballot unless a special election is set. Voters must approve an initiative by a majority of votes cast on it and a majority of all voters must vote on it. The Governor cannot veto an initiative. The legislature cannot change or repeal an approved initiative for 3 years unless two-thirds of the legislature votes to do so. An elected official can be recalled for lack of fitness, incompetence, neglect of duty, or corruption. A recall can start by a two-thirds vote of the legislature or by petition. Before collecting petition signatures, sponsors must file a form naming the official and stating the grounds with the Supervisor of Elections. They then have 60 days to get signatures equal to at least 50% of the votes cast for that office in the last general election. The Supervisor has 15 days to check the petition. A special recall election must be held no sooner than 30 days and no later than 60 days after the legislature vote or the Supervisor’s approval. An official is removed only if the recall gets yes votes equal to at least two-thirds of the number who voted for that official in the last election and those yes votes are a majority of people who vote in the recall. No recall can happen during the first year of an official’s first term or within 3 months before a general election. The law defines “law” as a law of the Virgin Islands and “voter” as a registered voter who can vote on the issue or office.