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Virgin Islands Statutes, Title 18

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Virgin Islands/Statutes

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Title 18, Elections

17 chapters · 222 sections in this title.

All chapters in Title 18222 Ch 17, Nomination of Candidates34 Ch 27, Offenses and Penalties32 Ch 5, Registration of Electors29 Ch 19, Ballots and Ballot Boxes20 Ch 21, Preparation for, and Conduct of, Pri…18 Ch 25, Absentee Voting15 Ch 3, Boards of Elections14 Ch 29, Disclosure and Limitations on Campai…11 Ch 23, Canvassing of Ballots; New Elections…9 Ch 1, General Provisions7 Ch 7, Election Officers7 Ch 9, Polling Districts and Places; Booths7 Ch 15, Organization of Political Parties7 Ch 13, Qualifications of Electors5

222 sections·Filtered byTitle 18✕

18 V.I.C. § 585 Assistance in voting
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If a voter is unable by reason of physical disability or inability to read the English or Spanish language to mark his ballot or to mark same in an informed manner he may, if he declares to the judge of the election, under oath, that he is so disabled or unable to read, and the j…
18 V.I.C. § 586 Challenging voters; oath
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Any voter may be challenged by any qualified elector of the district, and any watcher authorized by section 552 of this title to be present, and the election officers shall thereupon read to and afterward administer to the person challenged an oath in substance as follows:“I do s…
18 V.I.C. § 587 Duty of election officers to challenge voters
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The election officers shall challenge every person applying for a ballot when it shall be known or suspected that such person is not a qualified elector in the election district.
18 V.I.C. § 588 Issuance of ballots by election officers only; ballots not to be removed; official ballots only to be deposited and counted; exception
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Only election officers or clerks may take and give ballots to electors; and not more than one ballot shall be given to an elector desiring, and found qualified, to vote, except in the case of an unserviceable or spoiled ballot as provided in this chapter. No person other than the…

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18 V.I.C. § 589 Preventing congestion at polls

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The election officers, to prevent congestion, may specify the number of voters to be allowed in the polling place at any given time, provided that no qualified elector be denied his right of voting.

18 V.I.C. § 621 Duties of election officers after close of polls

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After the polls are closed and the last elector has voted, the election officers and clerks who have been present throughout the election day may be replaced by another set of election officers, designated by the Board of Elections, which election officers shall have the same qua…

18 V.I.C. § 622 Counting votes; periodic announcements

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As soon as the procedures prescribed by section 621 of this title have been complied with, the election officers and clerks who have been present throughout the election may be replaced by another set of election officers, who shall have the same qualifications, receive the same …

18 V.I.C. § 624 Ballot decisions to be made by inspectors; duty of judge

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Decisions concerning the validity of any ballots, and the count to be recorded thereon, shall be made by the Board of Elections.

18 V.I.C. § 625 Statement of votes cast

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After the votes for each candidate have been tallied and counted by the election officers as provided in this chapter, such officers shall prepare a statement showing the number of votes cast for each person (upon the respective party tickets at primaries), the total number of ba…

18 V.I.C. § 626 Sealing and delivery of ballots and records; retention

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After the votes cast at the respective polling places for each of the candidates have been counted and the statement has been made as required by sections 621 and 625 of this title, the results shall be announced to the persons present, and the tally papers, shall be securely sea…

18 V.I.C. § 627 General rule for determining result; notification of candidates

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(a) Each board of elections, after having received all statements, books, lists, papers, vouchers, ballots, ballot boxes and district register from each polling district and polling place in its district, shall convene not later than one day following the receipt thereof and dete…

18 V.I.C. § 628 Tied results; new election

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If two or more candidates receive an equal number of votes at an election, a new election shall be held on the eighth day after the determination to determine which of the tied candidates shall be elected to the particular position to be filled.

18 V.I.C. § 629 Recounts; procedure; new election; appeal

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(a) A petition for a recount may be filed by any candidate in a primary or election who believes that there has been fraud or error committed in the canvassing or return of the votes cast at such primary or election. The petition shall be filed with the board of elections of the …

18 V.I.C. § 630 Watchers at canvasses

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The watchers authorized by section 552 of this title may, in the manner provided by that section, be present at any canvass of votes by the boards of elections.

18 V.I.C. § 661 Definitions

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(1) As used in this chapter:(1) “Absentee” means: any person registered and otherwise qualified to vote in elections in the Virgin Islands who applies for an absentee ballot pursuant to section 664 of this chapter.(2) “Election” means either “general election” or “primary electio…

18 V.I.C. § 662 When permitted

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(a) Any person who fulfills the definition of an absentee pursuant to section 661 of this chapter may vote at such election in the manner provided by this chapter. (b) If a U.S. citizen living outside the United States who has never lived in the United States has a parent who is …

18 V.I.C. § 663 Forms of ballots and envelopes

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(a) Not less than thirty (30) days prior to each election the Supervisor of Elections shall prepare in such quantities as he deems necessary the following papers:1. Absentee ballots similar in form to the official ballots and containing the forwarding address for the appropriate …

18 V.I.C. § 664 Applications for ballots; time

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An application for an absentee ballot shall be made in person or in writing to the Supervisor of Elections by the absentee or anyone in his behalf, which application shall contain the absentee's name, present mailing address, legal residence and satisfactory proof of his status a…

18 V.I.C. § 665 Voting procedure; delivery of marked ballots; time limit; record

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(a) An absentee who has received an absentee ballot may vote by mailing or causing to be delivered to the board of elections for the proper election district such ballot marked and sworn to, as follows:After marking the ballot, the voter shall enclose and seal it in the envelope …

18 V.I.C. § 666 Examination of affidavits; filing; delivery of unopened envelopes to Supervisor of Elections

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(a) Upon receipt by a board of elections; within the time prescribed by section 665 of this title of the mailing envelope containing the affidavit envelope and the absentee ballot envelope, after it has been stamped or endorsed in a manner provided by subsection (c) of such secti…

18 V.I.C. § 667 Counting absentee ballots; watchers

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(a) Each board of elections shall, after the time specified in subsection (a) of section 665 hereof, remove all absentee ballots from the file referred to in subsection (a) of section 666 hereof, remove the ballot envelope from the affidavit envelope and place such ballot envelop…

18 V.I.C. § 668 Challenges; procedure

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All absentee ballots received by a board of elections shall be subject to challenge by a watcher or other qualified elector prior to the removal of the absentee ballot envelope from the envelope containing the applicant's affidavit, for noncompliance with this chapter or for any …

18 V.I.C. § 669 Immaterial defects

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No ballot transmitted under this chapter shall be rejected for any immaterial addition, omission or irregularity in the preparation or execution of any writing or affidavit required by this chapter.

18 V.I.C. § 670 Death of voter

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No ballot mailed or delivered under this chapter shall be counted if the board of elections is cognizant of the fact that the voter has died prior to the opening of the polls on the day of election.

18 V.I.C. § 671 Registration

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Before the delivery of the ballots cast at a general election to the Supervisor of Elections as required by section 626 of this title, the board shall enter the registration of each absentee, whose vote was counted, in the general register, and the proper district register or sub…

18 V.I.C. § 672 Delivery of ballots to Supervisor of Elections

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The absentee ballots counted and rejected by the board of elections shall, after the registration required by section 671 of this title, be wrapped and sealed in separate packages properly marked as to their contents, and shall be delivered to the Supervisor of Elections along wi…

18 V.I.C. § 673 Voting in person

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Nothing in this chapter shall prevent a voter who has mailed or delivered a ballot under this chapter from voting in person. An applicant for an absentee ballot shall vote in person if he is able to do so even though his application for such ballot was made in good faith; and if …

18 V.I.C. § 674 Construction with other provisions

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If any provisions of this chapter are inconsistent with other provisions of this title, this chapter controls insofar as it relates to the method of voting as herein prescribed.

18 V.I.C. § 675 Use of federal write-in absentee ballot

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(a) Expanded use of the Federal Write-In Absentee Ballot. If the voter is residing outside the United States, or is a member of the United States Uniformed Services or Merchant Marine, or their family members, and a qualified elector, he or she may use the Federal Write-In Absent…

18 V.I.C. § 741 Definitions

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As used in this chapter, unless the context requires a different construction, application or meaning:“election official” means any election officer or clerk of election, and any member of a board of elections or employee of a board of elections; and“whoever” means any individual…

18 V.I.C. § 761 Disobedience to order or subpoena of election board or board member

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Whoever willfully disobeys a lawful order of a board of elections or of a member thereof, or refuses to obey its or his subpoenas duly issued and served under the provisions of chapter 5 of this title, shall be fined not more than $1,000.

18 V.I.C. § 762 Wrongful registration, entries or alterations by board official or employee, refusal to register

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(1) Whoever, being a member of a board of elections, or clerk or other board employee:(1) knowingly registers, or permits to be registered, a person not entitled to be registered under this title; or(2) inserts, or intentionally permits to be inserted, a name or other entries in …

18 V.I.C. § 763 Preventing, or assistance in preventing, registration or change in party enrollment

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Whoever, being a member of a board of elections, or clerk or other employee of the board, or any other person, knowingly and willfully prevents or assists in preventing, or, by coercion, threats of bodily injury, or intimidation, prevents or attempts to prevent, a person from bei…

18 V.I.C. § 764 Wrongful registration, or attempt to register, by person

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Whoever applies for registration under this title, or notifies the board of elections of a change of his residence address, knowing or having reason to know, that he is not entitled to be registered, or to have his residence address changed, or declares as his residence a place o…

18 V.I.C. § 765 Neglect or refusal to furnish information or exhibit records

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Whoever willfully neglects or refuses to furnish to any inspector of registration any information which he is authorized by chapter 5 of this title to obtain, or to exhibit any records, papers or documents authorized by such chapter to be inspected by him, shall be fined not more…

18 V.I.C. § 766 Malicious filing of petition to strike off registration or party affiliation

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Whoever, maliciously and without probable cause, challenges a person under the provisions of sections 101(a) or 108(b), files a petition for the purpose of striking off the registration or party affiliation of an elector, shall be fined not more than $100 or imprisoned not more t…

18 V.I.C. § 781 Refusal to allow employees time off

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Whoever, being an employer, refuses to allow an employee time off for the purpose of voting, or, after allowing the time off, deducts the time from the wages of the employee, shall be fined not more than $5,000.

18 V.I.C. § 785 Improper distribution and printing of ballots

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(a) Whoever, having contracted with, or become employed by, the Government of the Virgin Islands to print or reproduce in any manner any official ballot, willfully appropriates to himself, or gives or delivers to, or knowingly permits to be taken by anyone other than a person aut…

18 V.I.C. § 786 Improper possession of ballot

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Whoever, other than an election official or other person authorized by law or by the Supervisor of Elections, has in his possession outside of the voting room any official ballot or unofficial ballot prepared under the authority of section 554 of this title, shall be fined not mo…

18 V.I.C. § 787 Counterfeiting of ballot

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Whoever makes, or knowingly has in his possession, any counterfeit of an official ballot or of an unofficial ballot prepared under the authority of section 554 of this title, shall be fined not more than $500 or imprisoned not more than one year, or both.

18 V.I.C. § 788 Illegal voting

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Whoever willfully, being unqualified to vote at an election, votes thereat, shall, even though not challenged, be fined not more than $500 or imprisoned no more than one year, or both; but such vote shall not invalidate the entire election.

18 V.I.C. § 789 Voting in false name

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Whoever votes or attempts to vote in the name of another person or in any name other than his own, shall be fined not more than $1,000 or imprisoned not more than three years, or both.

18 V.I.C. § 790 Voting more than once

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Whoever willfully votes or attempts to vote more than once at the same election, shall be fined not more than $1,000 or imprisoned not more than three years, or both.

18 V.I.C. § 791 Refusal to accept vote; acceptance of illegal vote

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Whoever, being an election official, knowingly refuses the vote of a duly registered and qualified elector, or knowingly accepts the vote of a person not registered in accordance with the provisions of this title (except that of an armed forces absentee as provided in chapter 25 …

18 V.I.C. § 792 Undue influence by force

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Whoever directly or indirectly uses or threatens to use force, coercion, violence or restraint, or inflicts or threatens to inflict damage, harm, or loss, upon or against any person to induce or compel such person to vote or refrain from voting for any candidate in any election, …

18 V.I.C. § 793 Undue influence by gift of money or valuable thing

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Whoever gives or promises to give, or offers any money or valuable thing, to any person with the intent to induce him to vote for or refrain from voting for any candidate at any election, shall be fined not more than $500 or imprisoned not more than one year, or both.

18 V.I.C. § 794 Improper disclosure of vote

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Whoever, being an election official or any other person, while the polls are open, opens any ballot marked by, or received from, a voter at any election, or marks a ballot by folding or otherwise so as to be able to recognize it, or otherwise attempts to discover, or, having disc…

18 V.I.C. § 795 Improper change of election documents

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Whoever willfully changes or causes to be changed any official election documents, including ballots, tallies, and returns, or attempts to do so, shall be fined not more than $1,000 or imprisoned not more than three years, or both.

18 V.I.C. § 796 Improper delay of election returns

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Whoever willfully delays or causes to be delayed any election returns, or attempts to do so, shall be fined not more than $500 or imprisoned not more than one year, or both.

18 V.I.C. § 797 False count by election officials

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Whoever, being an election official, willfully permits or makes or attempts to make any false count of ballots or the election returns, shall be fined not more than $1,000 or imprisoned not more than three years, or both.