2019 US Virgin Islands Code
Title 18 - Elections
Chapter 3 - Boards of Elections
§ 47. Jurisdiction, powers and duties of boards
- The boards of elections, within their respective election districts, have jurisdiction over the registration of electors and the conduct of primaries and elections, in accordance with the provisions of this title and such rules and regulations as may be prescribed under this title by the boards of elections to the end that the administration of the election process shall be uniform throughout the Virgin Islands, and each board, within its district, shall exercise all powers granted to, and perform all duties vested in, the boards by this title, including the duty to:
(1) investigate and report to the Legislature its recommendations on all petitions presented to the Legislature by electors in its district for the division, redivision, alteration, change, addition or consolidation of polling districts, and present to the Legislature petitions for such division, redivision, alteration, change, addition or consolidation in proper cases;
(2) perform all functions with respect to the registration and party enrollment of electors within its election district, as vested in it by this title;
(3) preserve, store and maintain registers and primary and election equipment of all kinds, including ballot boxes and any other equipment used in voting;
(4) issue certificates of appointment to election officers and clerks;
(5) make and issue such rules, regulations and instructions, not inconsistent with law, as it may deem necessary for the guidance of election officers and other assistants, and electors;
(6) instruct election officers and other assistants in their duties, in conformity with directives, rules and regulations issued by the boards of elections, calling them together in meeting whenever deemed advisable, and inspect systematically and thoroughly the conduct of registration of electors, and of primaries and elections in the polling places in the election districts to the end that primaries and elections may be honestly, efficiently, and uniformly conducted;
(7) prepare, post, and publish, in the manner provided by law, all notices and advertisements in connection with the registration of electors and the conduct of primaries and elections, which may be required by law;
(8) investigate election frauds, irregularities and violations of this title, and report all suspicious circumstances to the Virgin Islands Department of Justice for possible prosecution;
(9) receive from election officers the returns of all primaries and elections, canvass, and compute the returns, and certify, no later than fifteen days following the primary or election, the results thereof to the Supervisor of Elections;
(10) furnish to the Supervisor of Elections, upon his request, such information from the records of the board, as he may require, to carry out his duties under this title;
(11) prepare and submit an annual report to the Supervisor of Elections in the form prescribed by him, which shall contain a statement of the number of electors registered and those enrolled according to party affiliation as of June 30th; and
(12) annually prepare and submit the budget, directly to the Legislature, independent of the executive budget of the Governor for the cost of the registration and party enrollment of electors, of primaries and elections, and of the expenses of the board, for the ensuing fiscal year;
(13) promulgate and issue uniform rules and regulations for the administration and enforcement of the election laws throughout the United States Virgin Islands. For purposes of complying with this duty, the Boards shall meet jointly at least quarterly at the call of the Chairman of the Joint Boards, either upon his motion or at the request of the Supervisor of Elections, in order to consider and adopt such rules and regulations. Such joint meetings shall be alternated between the election districts. A quorum of the Joint Boards shall consist of a majority of members; Provided, however, That not less than three (3) members from each district shall be included in the quorum. A majority of a quorum so constituted shall be required to establish any rule or regulation. Board members shall, at the first joint meeting following each general election, designate a Chairman and Vice-Chairman from among their members to preside over such joint meetings and supervise the discharge of their responsibilities in connection therewith, including the enforcement of adopted uniform rules and regulations.
Notwithstanding Title 3, section 913, Virgin Islands Code, any rule or regulation adopted by a quorum of the Joint Boards shall be effective after a copy of such rules or regulations or any changes thereto have been delivered to the Governor and the members of the Legislature.(14) The boards of elections, in consultation with the Supervisor of Elections, shall exercise emergency powers over any election held in a district in which either a natural disaster or extremely inclement weather has occurred. The boards of elections, in consultation with the Supervisor of Elections, shall also exercise emergency powers during an armed conflict involving U.S. armed forces, or mobilization of those forces, including the National Guard and Reserve components, or in the event of a legal challenge in the courts to the results of an election whereby the validity of the election is called into question. The boards of elections and the Supervisor of Elections shall jointly adopt rules and regulations setting forth the particulars for the exercise of the emergency powers granted herein.