
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 48USC1593]

 
              TITLE 48--TERRITORIES AND INSULAR POSSESSIONS
 
                       CHAPTER 12--VIRGIN ISLANDS
 
                     SUBCHAPTER IV--EXECUTIVE BRANCH
 
Sec. 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) of this section, respectively.

(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 reduction 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 proposal and a ``no'' vote is a vote against the 
proposal.
    (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 
Elections prior to circulation for ballot qualification. The Supervisor 
of Elections must determine within 10 days after the submission whether 
the preliminary signatures are sufficient. If so determined, the 
Supervisor of Elections shall refer the preliminary petition to an 
initiative titling 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, proponents 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 district or 41 percent of all voters 
of the Virgin Islands 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 legislature 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 special 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 majority of persons voting and if a majority 
of the voters of the Virgin Islands vote on the initiative. 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 unless the legislature acts by a two-
thirds majority.
    (8) The legislature may provide the manner in which petitions shall 
be circulated, filed, certified, and the ballot question shall be 
submitted to the voters.

(c) Recall

    (1) An elected public official of the Virgin Islands 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 corruption.
    (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 Elections. The sponsors 
of the recall petition shall be allowed a period of 60 days after such 
submission 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 Elections shall have 15 days in 
which to determine whether the minimum number of valid signatures 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 
persons voting for such official in the last preceding 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 election 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
        (2) ``voter'' means a registered voter who is eligible to vote 
    on the issue or for the office involved.

(July 22, 1954, ch. 558, Sec. 12, 68 Stat. 503; Pub. L. 90-496, Sec. 5, 
Aug. 23, 1968, 82 Stat. 838; Pub. L. 99-396, Sec. 1, Aug. 27, 1986, 100 
Stat. 837.)


                               Amendments

    1986--Pub. L. 99-396 amended section generally, substituting 
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 authorizing the removal 
of the Governor from office by a recall referendum for provisions 
authorizing the appointment of a Government Secretary for the Virgin 
Islands, and provisions setting forth his powers and duties.


                    Effective Date of 1968 Amendment

    Amendment of provisions of section necessary to authorize 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.
