U.S. Virgin Islands

Virgin Islands Code Annotated, Title Eighteen (2013)

Updated: June 2015

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Section 261 states:
Except as provided in this chapter, every resident of the Virgin Islands, who is a citizen of the United States and is 18 years of age or over, has the right to franchise, and shall be entitled to vote at all elections if he or she has complied with the provisions of this title requiring and regulating the registration of its electors.

 

Excerpts from the Virgin Islands Code Annotated, Title Eighteen (2013)
Source: 18 V.I.C. § 263, 559, 585 -  Retrieved from LexisNexis

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Section 100, subsection (d) states:

If the applicant for registration shall allege inability to sign his name, then he shall be required to present affidavits, subscribed in person before a member of the board or the clerk, of two electors who are personally acquainted with the applicant and who know his qualifications as an elector. Each of said two electors shall state in his affidavit the applicant's residence, his own residence, his knowledge of the statement made by the applicant under oath or affirmation in applying for registration, and his belief that they are true. Upon the filing of such affidavits, the applicant shall be permitted to subscribe to his oath or affirmation by making his mark, except that if the applicant's inability to sign his name is not due to some apparent physical infirmity, he shall first also be required to make and file with a member of the board or the clerk, an affidavit of his inability to sign his name. Every affidavit required because of an applicant's inability to sign his name shall be filed with the registration card of the person whose registration it affects.

 

Section 151, subsection (c) states:

If, at any time prior to the day of any primary or election, a vacancy occurs by reason of the disqualification, removal, resignation or death of an election officer, clerk or voting machine monitor, or from any other cause, the board shall fill the vacancy by appointment of another person who has the qualifications prescribed in this chapter and who is a member of the same political party as that of the appointee whose place he is filling. The chairman of such party in the legislative district shall have the right, prior to such appointment, to submit to the board his nomination therefor. If, on or before the day of any primary or general election, a temporary vacancy occurs by reason of absence, temporary illness or other cause, the board may, in order to discharge any of the functions involved, make a temporary appointment as acting election officer, clerk or voting machine monitor, appointing another person with the prescribed qualifications.

 

Section 263, subsection (a) states:

No inmate of a public or private institution for the insane and no person under the care of a guardian by reason of any mental incapacity shall be entitled to vote.

 

Section 559 states:

…(b) The judge of election may assign any inspector or clerk of election to assist another election officer in the performance of his duties, or to perform them during his absence or disability.

 

Section 585 states:

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 judge of the election is satisfied, from the contents of the voter's registration card or other convincing proof, as to the truth of such declaration, have the assistance of a person of his own selection to mark his ballot or to read the ballot for him Such person so selected shall be sworn, may accompany the voter into the voting booth, and shall either mark the ballot as directed by the voter in the case of physical disability or read the ballot to the voter in the case of inability of the voter to read, and shall thereafter give no information regarding the same. Such person so selected may assist only one voter in any primary or general election.

 

Excerpts from the Virgin Islands Code Annotated, Title Eighteen (2013)
Source: 18 V.I.C. § 263, 559, 585 -  Retrieved from LexisNexis

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Section 100, subsection (d) states:

If the applicant for registration shall allege inability to sign his name, then he shall be required to present affidavits, subscribed in person before a member of the board or the clerk, of two electors who are personally acquainted with the applicant and who know his qualifications as an elector. Each of said two electors shall state in his affidavit the applicant's residence, his own residence, his knowledge of the statement made by the applicant under oath or affirmation in applying for registration, and his belief that they are true. Upon the filing of such affidavits, the applicant shall be permitted to subscribe to his oath or affirmation by making his mark, except that if the applicant's inability to sign his name is not due to some apparent physical infirmity, he shall first also be required to make and file with a member of the board or the clerk, an affidavit of his inability to sign his name. Every affidavit required because of an applicant's inability to sign his name shall be filed with the registration card of the person whose registration it affects.

 

Section 523 states:

No electronic voting system shall be approved for use in the Virgin Islands unless it is so constructed that:…(11) it is accessible for persons with disabilities, including persons who are blind or have low vision.

 

Section 585 states:

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 judge of the election is satisfied, from the contents of the voter's registration card or other convincing proof, as to the truth of such declaration, have the assistance of a person of his own selection to mark his ballot or to read the ballot for him Such person so selected shall be sworn, may accompany the voter into the voting booth, and shall either mark the ballot as directed by the voter in the case of physical disability or read the ballot to the voter in the case of inability of the voter to read, and shall thereafter give no information regarding the same. Such person so selected may assist only one voter in any primary or general election.

 

Section 661 states:

As used in this chapter: (1) “Absentee” means:…

  • (b) any person registered and otherwise qualified to vote in elections in the United States Virgin Islands who is:…
  • (v) unable to appear personally at the polling place of the election district in which he is a qualified voter because of illness or physical disability, whether permanent or temporary, or because he is a patient in a hospital, nursing home, or home for the aged…

 

Section 662, subsection (a) states:

Any person who fulfills the definition of an absentee pursuant to section 661 of this chapter who, on the day of an election, is absent from the election district in which he is registered, and therefore is unable to vote in person, may vote at such election in the manner provided by this chapter. In the case of a member of the armed forces of the United States or his spouse, the commanding officer of such member shall certify his or her status as such, and in the case of a college student or his spouse, the registrar of his learning institution shall certify his or her status as such.

 

Section 664 states:

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…The application must be received by the Supervisor of Elections at least 14 working days before the date of the election at which the absentee desires to vote, except that in the case of a person whose illness or disability commences on a day following the seventh day before such election, or in the case of a person who delivers his application to the board in person, such application must be received not later than the Monday preceding the election…

 

Excerpts from the Virgin Islands Code Annotated, Title Eighteen (2013)
Source: 18 V.I.C. § 263, 559, 585 -  Retrieved from LexisNexis

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Section 21 states:

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:…

  • (d) In the case of permanent vacancy in the office of Delegate by reason of death, resignation, or permanent disability, such vacancy shall be filled in one of the two following manners:
    • (1) If such vacancy occurs within six months prior to the date of the next general election, the Legislature of the Virgin Islands shall, subject to the approval of the Governor, select, by simple majority, a Delegate to the House of Representatives to fill the vacancy. The person selected shall be a member of the same political party as his predecessor.
    • (2) If a vacancy occurs at any time up to and including six months prior to the date of the next general election, such vacancy shall be filled by special election held not less than 30 nor more than 45 days after the date of the occurrence of the vacancy. Candidates for such special election shall be chosen by the members of the territorial committees of the political parties in the territory in a manner they deem to be appropriate, or in accordance with the provisions of subchapter II of chapter 17 of this title; however, the number of qualified electors signing such nomination papers in each legislative district shall be equal to not less than five (5%) percent of the vote cast for Delegate to the House of Representatives in the most recent general election for that office in such legislative district.

 

Section 151, subsection (c) states:

If, at any time prior to the day of any primary or election, a vacancy occurs by reason of the disqualification, removal, resignation or death of an election officer, clerk or voting machine monitor, or from any other cause, the board shall fill the vacancy by appointment of another person who has the qualifications prescribed in this chapter and who is a member of the same political party as that of the appointee whose place he is filling. The chairman of such party in the legislative district shall have the right, prior to such appointment, to submit to the board his nomination therefor. If, on or before the day of any primary or general election, a temporary vacancy occurs by reason of absence, temporary illness or other cause, the board may, in order to discharge any of the functions involved, make a temporary appointment as acting election officer, clerk or voting machine monitor, appointing another person with the prescribed qualifications.

 

Section 559 states:

…(b) The judge of election may assign any inspector or clerk of election to assist another election officer in the performance of his duties, or to perform them during his absence or disability.

 

Excerpts from the Virgin Islands Code Annotated, Title Eighteen (2013)
Source: 18 V.I.C. § 263, 559, 585 -  Retrieved from LexisNexis