48 U.S.C. § 1593 — Initiative and recall

Page 154 TITLE 48—TERRITORIES AND INSULAR POSSESSIONS § 1593 Editorial Notes CODIFICATION Section 20 of act July 22, 1954, was amended in its en- tirety by section 10 of Pub. L. 90–496, Aug. 23, 1968, 82 Stat. 841, which consolidated the text of said section 20 into a single unlettered paragraph, classified to section 1641 of this title. Prior to the 1968 amendment said sec- tion 20 was comprised of subsecs. (a) to (c). Subsec. (a) was classified to this section, and subsecs. (b) and (c) were classified to sections 1598 and 1641, respectively, of this title. § 1593. Initiative and recall (a) Grant of rights The people of the Virgin Islands shall have the rights of initiative and recall to be exercised as provided in subsection (b) and subsection (c), re- spectively. (b) Initiative (1) An initiative may enact, amend, or repeal any law, except that an initiative shall not be used to repeal a law declared by the legislature at the time of passage to be an emergency law necessary for the preservation of the public health, safety, or peace. (2) An initiative that proposes a reduction of taxes shall also provide for an equivalent reduc- tion of expenditures or an equivalent increase in revenues from other sources. (3) An initiative shall address one subject only and matters reasonably related to that subject. (4) The ballot question shall be in such form that a ‘‘yes’’ vote is a vote in favor of the pro- posal and a ‘‘no’’ vote is a vote against the pro- posal. (5) A copy of the proposed initiative petition, including a complete text of the proposed law and containing signatures equal to at least 1 percent of the voters of each legislative district or 4 percent of all voters of the Virgin Islands must be submitted to the Supervisor of Elec- tions prior to circulation for ballot qualifica- tion. The Supervisor of Elections must deter- mine within 10 days after the submission wheth- er the preliminary signatures are sufficient. If so determined, the Supervisor of Elections shall refer the preliminary petition to an initiative ti- tling board consisting of the Attorney General, the Supervisor of Elections, and the legislative counsel of the legislature. The board shall, in an open hearing, prepare the official ballot title, the submission question, and a summary of the initiative proposal, and this preparation shall be completed within 30 days after the referral. (6) After the ballot title has been written, pro- ponents of the initiative proposal shall have a maximum of 180 days to circulate the petition. Petitions containing signatures equal to at least 10 percent of the voters of each legislative dis- trict or 41 percent of all voters of the Virgin Is- lands must be submitted to the Supervisor of Elections. The Supervisor shall have 15 days to determine that the minimum number of valid signatures are contained in the petition and he shall forward the certified proposal to the legis- lature which must accept or reject the measure within 30 days. If approved, the initiative shall take effect in accordance with its terms. If the legislature does not approve, the initiative shall be submitted to the voters at the next general election, unless the legislature approves a spe- cial election for this purpose. The legislature may submit its own version of the initiative to the voters. Should both measures be approved by the voters, the measure receiving the higher number of votes shall prevail. The voters shall have a clear alternative of rejecting either version or the entire proposition. (7) An initiative submitted to the voters shall take effect if the initiative is approved by a ma- jority of persons voting and if a majority of the voters of the Virgin Islands vote on the initia- tive. An initiative may not be vetoed by the Governor, and when approved by the voters, may not be amended or repealed by the legislature during the 3-year period after its approval un- less the legislature acts by a two-thirds major- ity. (8) The legislature may provide the manner in which petitions shall be circulated, filed, cer- tified, and the ballot question shall be sub- mitted to the voters. (c) Recall (1) An elected public official of the Virgin Is- lands may be removed from office by a recall election carried out under this subsection. The grounds for recall are any of the following: lack of fitness, incompetence, neglect of duty, or cor- ruption. (2) A recall election may be initiated by a two- thirds vote of the members of the legislature or by a petition under this subsection. (3) Prior to circulation a recall petition which identifies by name and office the official being recalled and which states the grounds for recall shall be submitted to the Supervisor of Elec- tions. The sponsors of the recall petition shall be allowed a period of 60 days after such submis- sion for filing with the Supervisor of Elections a list of signatures equal in number to at least 50 percent of the whole number of votes cast for that office in the last general election at which that office was filled. The Supervisor of Elec- tions shall have 15 days in which to determine whether the minimum number of valid signa- tures are contained in the recall petition. (4) A special recall election shall be held with respect to an elected public official not earlier than 30 days after a vote of the legislature under paragraph (2) or a determination of the board of elections under paragraph (3), as the case may be, and not later than 60 days after such vote or determination. (5) An official shall be removed from office upon approval of the recall in an election in which at least two-thirds of the number of per- sons voting for such official in the last pre- ceding general election at which such official was elected vote in favor of recall and in which those so voting constitute a majority of all those participating in such recall election. (6) No recall election shall be held with respect to an elected public official— (A) during the first year of the first term of office of the official; or (B) less than 3 months before a general elec- tion for the office. (d) ‘‘Law’’ and ‘‘voter’’ defined As used in this section, the term— (1) ‘‘law’’ means a law of the Virgin Islands; and Page 155 TITLE 48—TERRITORIES AND INSULAR POSSESSIONS § 1596 (2) ‘‘voter’’ means a registered voter who is eligible to vote on the issue or for the office involved. (July 22, 1954, ch. 558, § 12, 68 Stat. 503; Pub. L. 90–496, § 5, Aug. 23, 1968, 82 Stat. 838; Pub. L. 99–396, § 1, Aug. 27, 1986, 100 Stat. 837.) Editorial Notes AMENDMENTS 1986—Pub. L. 99–396 amended section generally, sub- stituting provisions giving people of Virgin Islands the rights of initiative and recall and spelling out ways in which those rights are to be exercised for provisions which had formerly only set out a method for removal of Governor by referendum election. 1968—Pub. L. 90–496 substituted provisions author- izing the removal of the Governor from office by a re- call referendum for provisions authorizing the appoint- ment of a Government Secretary for the Virgin Islands, and provisions setting forth his powers and duties. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1968 AMENDMENT Amendment of provisions of section necessary to au- thorize the holding of an election for Governor and Lieutenant Governor on Nov. 3, 1970, effective Jan. 1, 1970, and all other amendments of provisions of section, unless otherwise expressly provided by Pub. L. 90–496, effective Jan. 4, 1971, see section 16 of Pub. L. 90–496, set out as a note under section 1591 of this title. § 1594. Repealed. Pub. L. 90–496, § 6, Aug. 23, 1968, 82 Stat. 839 Section, act July 22, 1954, ch. 558, § 13, 68 Stat. 503, au- thorized the Governor to appoint an administrative as- sistant to reside in St. Croix and an administrative as- sistant to reside in St. John. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF REPEAL Pub. L. 90–496, § 6, Aug. 23, 1968, 82 Stat. 839, provided in part that the repeal of this section is effective on the date of enactment of Pub. L. 90–496, which was approved Aug. 23, 1968. § 1595. Vacancy in office of Governor or Lieuten- ant Governor (a) Temporary disability or temporary absence of Governor In case of the temporary disability or tem- porary absence of the Governor, the Lieutenant Governor shall have the powers of the Governor. (b) Permanent vacancy in office of Governor; Lieutenant Governor as Governor; term of of- fice In case of a permanent vacancy in the office of Governor, arising by reason of the death, res- ignation, removal by recall or permanent dis- ability of the Governor, or the death, resigna- tion, or permanent disability of a Governor- elect, or for any other reason, the Lieutenant Governor or Lieutenant Governor-elect shall be- come the Governor, to hold office for the unex- pired term and until he or his successor shall have been duly elected and qualified at the next regular election for Governor. (c) Temporary disability or temporary absence of Lieutenant Governor; president of legislature as Lieutenant Governor In case of the temporary disability or tem- porary absence of the Lieutenant Governor, or during any period when the Lieutenant Gov- ernor is acting as Governor, the president of the legislature shall act as Lieutenant Governor. (d) Permanent vacancy in office of Lieutenant Governor; Governor to appoint new Lieuten- ant Governor with advice and consent of leg- islature; term of office In case of a permanent vacancy in the office of Lieutenant Governor, arising by reason of the death, resignation, or permanent disability of the Lieutenant Governor, or because the Lieu- tenant Governor or Lieutenant Governor-elect has succeeded to the office of Governor, the Gov- ernor shall appoint a new Lieutenant Governor, with the advice and consent of the legislature, to hold office for the unexpired term and until he or his successor shall have been duly elected and qualified at the next regular election for Lieutenant Governor. (e) Temporary disability or temporary absence of Governor and Lieutenant Governor; appoint- ment of Acting Governor; permanent vacan- cies in offices of Governor and Lieutenant Governor; appointment of Governor In case of the temporary disability or tem- porary absence of both the Governor and the Lieutenant Governor, the powers of the Gov- ernor shall be exercised, as Acting Governor, by such person as the laws of the Virgin Islands may prescribe. In case of a permanent vacancy in the offices of both the Governor and Lieuten- ant Governor, the office of Governor shall be filled for the unexpired term in the manner pre- scribed by the laws of the Virgin Islands. (f) Additional compensation No additional compensation shall be paid to any person acting as Governor or Lieutenant Governor who does not also assume the office of Governor or Lieutenant Governor under the pro- visions of this chapter. (July 22, 1954, ch. 558, § 14, 68 Stat. 504; Pub. L. 90–496, § 7(a), Aug. 23, 1968, 82 Stat. 839.) Editorial Notes AMENDMENTS 1968—Pub. L. 90–496 designated existing provisions as subsec. (a), substituted provisions that in case of the temporary disability or temporary absence of the Gov- ernor, the Lieutenant Governor shall have the powers of the Governor for provisions that in case of a vacancy in the office of Governor or the disability of the Gov- ernor or the temporary absence of the Governor, the Government Secretary shall have all the powers of the Governor, and added subsecs. (b) to (f). Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1968 AMENDMENT Amendment of provisions of section necessary to au- thorize the holding of an election for Governor and Lieutenant Governor on Nov. 3, 1970, effective Jan. 1, 1970, and all other amendments of provisions of section, unless otherwise expressly provided by Pub. L. 90–496, effective Jan. 4, 1971, see section 16 of Pub. L. 90–496, set out as a note under section 1591 of this title. § 1596. Repealed. Pub. L. 104–186, title II, § 224(3), Aug. 20, 1996, 110 Stat. 1752 Section, act July 22, 1954, ch. 558, § 15, as added May 27, 1975, Pub. L. 94–26, § 2, 89 Stat. 94, related to clerk