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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. § 1 Definitions
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(a) As used in this title, unless the context requires a different construction, application or meaning:“ballot” or “official ballot” means the instrument upon which the voter's choices are recorded. A ballot or official ballot may contain ballot information.“ballot information” …
18 V.I.C. § 2 Eligibility of government personnel for public office
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Persons employed in the legislative, executive or judicial branches of the Government of the United States Virgin Islands shall be eligible for nomination as candidates for public office but any such person who becomes a candidate for public office shall be granted and shall take…
18 V.I.C. § 3 Election days as legal holidays; time off to vote; acts done on Sundays or other legal holidays
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(a) The day on which general elections are held shall be a legal holiday in the Virgin Islands, while all primary elections shall be held on a Saturday. All employees who are required to work on those days shall be entitled to two hours off from their jobs without loss of pay to …
18 V.I.C. § 4 Powers, duties and functions of Supervisor of Elections
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(a) There is hereby created and established the Office of Supervisor of Elections. There shall be a Supervisor of Elections, a Deputy Supervisor for St. Croix, and a Deputy Supervisor of St. Thomas-St. John. The Supervisor and Deputy Supervisors shall be appointed by the Board of…

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18 V.I.C. § 5 Publication of notices

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Notwithstanding any other provision of this title, all public notices required by the provisions of this title shall be published in all local newspapers of general circulation in the Virgin Islands.

18 V.I.C. § 6 Amendment during election year

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No amendments to this title shall be enacted by the Legislature in the period of six (6) months immediately preceding the date of a general election except in compliance with an order issued by a court of competent jurisdiction.

18 V.I.C. § 7 Prohibition of dual candidacies

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(1) In any general, primary, or special election, no person's name may appear on a ballot as candidate for more than one (1) of the following offices:(1) Governor;(2) Lieutenant Governor;(3) Delegate to Congress;(4) Senator;(5) Board of Education; and(6) Board of Elections. (1) G…

18 V.I.C. § 21 Local provisions for Federal Act

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(a) In order to carry out the provisions of P.L. 92–271, 92nd Congress (approved Apr. 10, 1972), providing for a nonvoting Virgin Islands Delegate to the United States House of Representatives, the following subsection shall govern the administration of such Federal Act:(a) Candi…

18 V.I.C. § 41 Board of Elections

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(a) There is a single Board of Elections that governs both election districts. (b) The Board consists of fourteen members; seven from each district, who are elected by the electors of each election district beginning with the 2018 general election. No more than four members of th…

18 V.I.C. § 45 Clerk and other assistants; compensation; powers and duties of clerk; inspector of registration

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(a) There may be employed to serve the board of elections a clerk and other necessary board assistants, which clerk and other assistants shall be in the career service established pursuant to the provisions of Title 3, chapter 25 of the Code. Such clerk and other assistants shall…

18 V.I.C. § 46 Quarters

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The Commissioner of Property and Procurement shall provide suitable and adequate offices within its election district, properly furnished for keeping its records, holding its public sessions and otherwise performing its public duties.

18 V.I.C. § 47 Jurisdiction, powers and duties of boards

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(1) The boards of elections, within their respective election districts, have jurisdiction over the registration of electors and the conduct of primaries and elections, in accordance with the provisions of this title and such rules and regulations as may be prescribed under this …

18 V.I.C. § 48 Regulations; subpoenas; oaths; witnesses; fees

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(a) Each board of elections may prescribe regulations, not inconsistent with this title or other law, to govern its public sessions, and may issue subpoenas, summon witnesses, compel production of books, papers, records and other evidence, and fix the time and place for hearing a…

18 V.I.C. § 50 Journal of proceedings

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Each board of elections shall maintain a journal of all its proceedings, which shall be kept by the clerk of the board.

18 V.I.C. § 51 Counsel, compensation; duties

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The Joint Board of Elections shall have the discretion to retain the Attorney General of the Virgin Islands to serve as counsel for each board of elections, or to retain an independent Counsel. If elected by the Joint Board of Elections to serve as counsel, the Attorney General s…

18 V.I.C. § 52 Acts of board employees

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Any insertion or removal of names or other information in registers, or the amending of any records by an employee of a board of elections, shall be construed to have been done by the board itself, which shall likewise be responsible for the correction of any errors in the doing …

18 V.I.C. § 53 Public inspection of records and documents

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(a) Subject to the provisions of subsection (b) of this section, the records of each board of elections, and all registers, voting lists, certificates, papers, affidavits, general and duplicate returns, petitions, appeals, witness lists, accounts, contracts, reports, and other do…

18 V.I.C. § 54 Preservation of records

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All documents, papers and records in the office of the board of elections for each district, relating to the conduct and result of any primary or election, shall be preserved for a period of at least two years, and shall be preserved for a greater period if the board has been not…

18 V.I.C. § 55 Watchers, attorneys and candidates at board sessions

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(a) Any political party which is, or hereafter may be, entitled to have watchers at any registration or election, shall also be entitled to appoint watchers who are qualified electors, or attorneys, to represent such party at any public session of the board of elections of the di…

18 V.I.C. § 56 Board members as inspectors of registration

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Any member of the Board of Elections may inspect the records of voter registration, but any removal of the information, including making copies, must be approved by a majority of the members of the Board at a meeting that has a quorum present. When inspecting the records of voter…

18 V.I.C. § 57 Immunity from arrest

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Members of boards of elections, inspectors of registration and the Supervisor of Elections shall be privileged from arrest while performing their duties as such under this title, except upon warrant of a court of record or a judge thereof, for felony, for wanton breach of the pea…

18 V.I.C. § 58 Intervention in suits

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In any suit brought by or against the Virgin Islands Elections System, the Attorney General shall be permitted to intervene on behalf of the territory of the Virgin Islands at any stage of the proceedings.

18 V.I.C. § 100 Manner of registration

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(a) Every person claiming the right to be registered as an elector shall appear in person at the office of the Board, or at such other place or places as the Board shall have designated, shall present valid proof of United States citizenship and shall answer the questions require…

18 V.I.C. § 101 Applicants to register may be challenged; procedure; challenge affidavit

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(a) Any person claiming the right to register may be challenged by any member of the board of elections or by a qualified elector of the election district. Any person so challenged shall answer the questions of the challenge affidavit, as herein specified, and, after his answers …

18 V.I.C. § 102 Incomplete or rejected application to be recorded

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A member of the Board of Elections, the clerk, or the registrar shall record on registration cards the surname, Christian name or names, and street and number of residence of each person who applies for registration, whether or not the application is accepted. Whenever the applic…

18 V.I.C. § 103 Appeal of rejected applicant

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Any person whose application to be registered has been denied by a part of the board of elections, may file a petition with the board, not later than the twentieth day prior to an election or primary, setting forth the ground of his complaint under oath, and praying to be registe…

18 V.I.C. § 104 General register

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The duplicate registration cards for the entire election district shall be placed in exact alphabetical order, and shall be kept at the office of the board in a place and in such manner as to be properly safeguarded. These cards shall constitute the general register of the electi…

18 V.I.C. § 105 District registers

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(a) The original registration cards shall be filed by polling districts, and within each polling district, in exact alphabetical order. The cards so filed for each polling district shall constitute the district register for such district. The district register and any and all sub…

18 V.I.C. § 106 Removal notices

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The Supervisor of Elections shall provide and furnish to the boards removal notices, which they shall cause to be made available for the convenient use of registered electors. These notices shall be printed upon cards suitable for mailing, addressed to the office of the board, an…

18 V.I.C. § 107 Transfer of registration

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(a) Upon receipt, not later than the thirtieth day next preceding any primary or election, of a signed removal notice properly filled out, or signed request containing the required information and setting forth a removal of residence to another location in the territory, the boar…

18 V.I.C. § 108 Change of enrollment of political party; cancellation of party enrollment

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(a) At any time prior to the thirtieth day next preceding a primary, any person who desires to change the enrollment of his political designation, or who, although registered, has not hitherto enrolled as a member of a party, may appear before a member of the board or the clerk a…

18 V.I.C. § 109 Reports of change of voter status

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(a) It shall be the duty of the Commissioner of Health or his designee, receiving original reports of deaths to notify the appropriate Board of Elections of the deaths of all persons of voting age who had been residents within the jurisdiction of such Board. (b) It shall be the d…

18 V.I.C. § 110 Check-ups of registers

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(a) The board shall conduct a check-up of each registered elector in the election district by any method deemed necessary. (b) For the purpose of facilitating any such check-up, the board may, when necessary, appoint special inspectors of registration, in number not exceeding dou…

18 V.I.C. § 111 Notification upon transfer in certain instances

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Whenever the registration card of an elector is transferred from one register, either district or general, to another under circumstances other than those described and provided in sections 106 and 107 of this chapter, the board affecting such transfer shall give written notice t…

18 V.I.C. § 112 Comparison and correction of registers

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Commencing 45 days prior to each election and 30 days prior to each primary, the board shall compare and, if necessary, correct the general and district registers. In cases where the Board has made corrections in the register, it shall give written notice thereof to all affected …

18 V.I.C. § 113 Petition to strike off names

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At any time not later than the twentieth day preceding any election or primary, any qualified elector of an election district, including any watcher and any inspector of registration, may petition the board of elections thereof to cancel the registration of any registered elector…

18 V.I.C. § 114 Delivery of district registers to election officers

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(a) Not later than noon of the preceding an election or primary, the board shall have the district register accurately corrected to date, for each polling district, and, if more than one polling place has been established for a polling district under section 194 of this title, fo…

18 V.I.C. § 115 Examination of district registers

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(a) Immediately following each election or primary, the board of elections shall cause each district register to be examined. (b) In the case of any elector whom the election officers shall have recorded as removed, deceased, or challenged and prevented from voting, the board sha…

18 V.I.C. § 118 Correction by board of errors in cancellation of registration

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Whenever the registration of an elector has been cancelled through error, such elector may petition the board of elections for the reinstatement of this registration not later than the tenth day preceding any primary or election, and after a hearing on said application, if error …

18 V.I.C. § 119 Appeals to court; time of hearing; notice; postponement; hearing; decision of court; costs and fees

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(a) Upon the exhaustion of any administrative remedies provided by this title, any person whose claim for registration has been denied by a board of elections, or whose name, although previously registered, has been removed and not restored by a board upon petition filed for that…

18 V.I.C. § 120 Production of documents, etc., at appeals

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At the written request of any person taking an appeal from any action or order of a board as aforesaid, the board shall produce at the hearing thereof any petition, register or other record in its custody relevant to the issue involved.

18 V.I.C. § 91 Registration under this chapter

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Provision for the registration and party enrollment of qualified electors shall be made throughout each year, except during the period of 30 days immediately preceding and five days immediately following each election, as provided in this chapter.

18 V.I.C. § 92 Investigative and enforcement powers of board members and inspectors of registration

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(1) Any member of a board of elections, and any inspector of registration when directed by the board of elections under which he serves, may:(1) at any time prior to 30 days before any primary or general election and after 5 days from such election, investigate all questions rela…

18 V.I.C. § 93 Who may register; who may vote; electors need register only once; exception

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(a) Every person who possesses all the qualifications of an elector as provided in this title and the Revised Organic Act of the Virgin Islands of 1954, or any other law hereafter applicable to the Virgin Islands, or who, by continued residence in this district, will have obtaine…

18 V.I.C. § 94 Registration period

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(a) The offices of each board of elections shall be open for the examination and registration of electors every day from 8:00 o'clock a.m. to 5:00 o'clock p.m., except Saturday, Sunday, legal holidays and except during the period of 30 days immediately preceding and five days imm…

18 V.I.C. § 94a Early voting

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(a) As a convenience to the electors, the Board of Elections shall allow an elector to vote early in the main, or branch office of the Supervisor of Elections for the respective district. The Supervisor of Elections shall mark, code, indicate on, or otherwise track the elector’s …

18 V.I.C. § 95 Place of registration

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(a) Registration shall be made at such place or places in each election district as the board of elections of the district may designate. (b) In addition to the places designated for registration pursuant to subsection (a) of this section, the Board of Elections of each district …

18 V.I.C. § 96 Notice of registration

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Within seven days before the first day of each month, the Chairman of the Board of Elections for each election district shall cause to be published in the local newspapers of general circulation in his district, and posted at the offices of the Board and at three public places in…

18 V.I.C. § 97 Attendance of board or registrars at registration place

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The places of elector registration established pursuant to section 95 of this title shall be open continuously during the hours specified in the public notices published pursuant to section 96 of this title. During the time any elector is being registered, only members of the boa…

18 V.I.C. § 98 Closing time of registration place

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All applicants entitled to register who are in the place where the registration is held at or before the time of closing shall be allowed to register if qualified.