2019 US Virgin Islands Code
Title 18 - Elections
Chapter 1 - General Provisions
§ 4. Powers, duties and functions of Supervisor of Elections
(a) There is hereby created and established the Office of Supervisor of Elections. There shall be a Supervisor of Elections, a Deputy Supervisor for St. Croix, and a Deputy Supervisor of St. Thomas-St. John. The Supervisor and Deputy Supervisors shall be appointed by the Joint Boards of Elections for a term of eight years and shall otherwise serve at the pleasure of the Joint Boards. Appointment of the Deputy Supervisors shall be on the recommendation of the Supervisor to the Joint Boards. The Deputy Supervisors shall be accountable to the Supervisor. The Supervisor of Elections and the two Deputy Supervisors shall be subject to removal by the Joint Boards but only for cause and after notice and an opportunity to be heard. The Supervisor and Deputy Supervisors shall be entitled to appeal an adverse ruling of the Joint Boards to the Superior Court. The Superior Court may review the matter to affirm or deny the petition on the basis of whether the allegations of cause are supported by sufficient facts and evidence. In cases where the Supervisor or a Deputy Supervisor prevails, he may recover attorney's fees and other reasonable costs as determined by the Court.
- The salaries of the Supervisor and the two deputies shall be set by the Joint Boards of Elections, which salaries shall be fixed in the annual budget. Subject to appropriations made in the annual budget and the approval of the Joint Boards of Elections, the Supervisor may employ such other personnel as he may deem necessary, and such other personnel shall be classified in the career service established pursuant to the provisions of Title 3, chapter 25 of the Virgin Islands Code. The Joint Boards shall be the policy-making body of the Virgin Islands Elections System and shall exercise supervisory control through the Supervisor of Elections who shall be responsible for executing the mandates of the Joint Boards. All employees of the election system shall be responsible to the Joint Boards of Elections through the Supervisor of Elections. No employees of the election system shall report to or take instructions from the Joint Boards of Elections, except through the Supervisor of Elections.
(b) The Supervisor of Elections, subject to the direction, control and supervision of the boards of elections, shall exercise all powers granted to, and perform all duties vested in him by this title, including the duty to:
(1) determine, in accordance with the provisions of this title, the forms of nomination petitions and papers, expense accounts and all other forms and records, the forms of which he is required to determine under the provisions of this title, and furnish or make them available in the manner provided by this title;
(2) certify to the boards of elections, for primaries and elections, the names of candidates for all public and territorial offices and membership on party committees;
(3) receive, and determine, as provided in this title, the sufficiency of nomination petitions, certificates and papers of candidates for all public and territorial offices and membership on party committees;
(4) receive from the Deputies of each election district the reports of the results of primaries and elections in their respective districts, determine which candidates have been nominated or elected at large, and notify such candidates of their nomination or election, as provided in this title;
(5) prepare and furnish to the boards of elections the cards and binders for the registration of electors, the voter's certificates and all other papers, supplies and equipment necessary for the registration of electors and for the conduct and determination of the results of primaries and elections; and, after consultation with the boards and with the approval of the boards, prepare and furnish the format of the ballot as it will appear on the electronic voting machine, sample ballots and instructions for voters to be used at primaries and elections;
(6) prepare, receive applications for, and distribute, in the manner provided by this title, absentee ballots and envelopes;
(7) assist and advise the boards of elections in the preparation and issuance of such rules and regulations, not inconsistent with law, as the boards of elections deem necessary for the guidance of the boards of elections and election officers, and their employees and assistants in the conduct of registration, enrollment, primaries and elections to the end that the administration of the election process shall be uniform throughout the Virgin Islands;
(8) prepare for the review and approval of the joint boards the annual budget for the boards;
(9) prepare and publish at least twice in all local newspapers of general circulation in the Virgin Islands prior to June 15 of each election year a calendar of election year events listing all pertinent dates and filing deadlines contained in this title; and
(10) prepare and distribute to each candidate certified pursuant to section 420 of this title, at least 15 days prior to each general election, a list of the qualified electors of each district for which the candidate is seeking office, which list shall be organized by polling districts and voting precincts within those districts. At large candidates shall receive a complete list of all qualified electors, organized in the manner above set forth.
(11) prepare and furnish replacements of the Certificate of Registration Cards provided for in section 100(e) of this title to duly registered voters, and to prepare and promulgate rules and regulations for reimbursement of the administrative expenses associated with provision of such replacement cards. All fees collected pursuant to such regulations shall be deposited in the Virgin Islands Voter Identification and Registration Fund.
