§1593 Initiative and Recall

Summary

People in the Virgin Islands can use the initiative to create, change, or remove local laws, with some limits. An initiative cannot repeal a law that the legislature labeled an emergency law when it passed it. If a proposal would cut taxes, it must also cut spending or raise the same amount of money some other way. Each initiative must deal with just one main subject. Before collecting public signatures, sponsors must give the full proposed law and preliminary signatures equal to at least 1% of voters in each legislative district or 4% of all voters to the Supervisor of Elections, who has 10 days to check them. If enough are shown, a three-person board (the Attorney General, the Supervisor of Elections, and the legislature’s counsel) must write an official ballot title and summary within 30 days. After that, sponsors have up to 180 days to gather final petitions with signatures equal to at least 10% of voters in each district or 41% of all voters. The Supervisor has 15 days to verify those signatures and must send the certified measure to the legislature, which has 30 days to accept or reject it. If the legislature rejects it, the proposal goes to voters at the next general election unless a special election is approved. The idea passes if more people vote “yes” than “no” and a majority of voters in the Virgin Islands cast a vote on it. The Governor cannot veto an approved initiative, and the legislature may not change or repeal it for 3 years unless two-thirds of legislators agree. Voters can also recall elected officials 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 signatures, petition sponsors must file the named petition with the Supervisor of Elections and then have 60 days to gather signatures equal to at least 50% of the votes cast for that office in the last election. The Supervisor has 15 days to check the signatures. A special recall election must be held not earlier than 30 days and not later than 60 days after the legislature vote or the Supervisor’s approval. An official is removed only if the number of “yes” votes is at least two-thirds of the number of people who voted for that office in the last election and those “yes” votes are a majority of the people who take part in the recall. No recall may be held during the first year of an official’s first term or within 3 months before a general election for that office. “Law” means a law of the Virgin Islands. “Voter” means a registered voter who can vote on the issue or for the office.