§1593 Initiative and Recall

Summary

People in the Virgin Islands can use the initiative to create, change, or repeal local laws, and they can use recall to remove elected officials. An initiative cannot repeal a law that the legislature called an emergency for public health, safety, or peace. If an initiative lowers taxes, it must also cut spending or raise the same amount of revenue. Each initiative must cover only one subject and related points. Ballots must make clear that “yes” means support and “no” means oppose. Before anyone can gather signatures, the proposed initiative with the full text and at least 1 percent of the voters from each legislative district or 4 percent of all voters must be filed with the Supervisor of Elections, who has 10 days to check those signatures. If enough are found, an initiative titling board (the Attorney General, the Supervisor of Elections, and the legislature’s counsel) has 30 days in an open hearing to write the official ballot title, question, and summary. After that, backers have 180 days to collect final signatures equal to 10 percent of voters in each district or 41 percent of all voters. The Supervisor has 15 days to certify signatures and then sends it to the legislature, which has 30 days to accept or reject it. If the legislature rejects it, the measure goes to voters at the next general election unless a special election is held. If both the legislature and the people pass different versions, the one with more votes wins. An initiative takes effect if a majority of votes cast approve it and a majority of the voters of the Virgin Islands vote on it. The Governor cannot veto an initiative. The legislature cannot change or undo an approved initiative for 3 years unless two-thirds of the legislature agrees. The legislature may set rules for circulating and filing petitions. An elected official may 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 recall signatures, sponsors must file a petition naming the official and stating the reasons with the Supervisor of Elections. They then have 60 days to gather signatures equal to at least 50 percent of the number of votes cast for that office in the last general election when the office was filled. The Supervisor has 15 days to check those 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 certification. An official is removed only if the recall gets at least two-thirds of the number of persons who voted for that office in the last election and those yes votes are a majority of the people who vote in the recall. No recall can be held during the first year of an official’s first term or less than 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.