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48 U.S.C. § 1591Governor and Lieutenant Governor; election; eligibility; official residence; powers and duties; report

submitted 72 years ago by ch. 558 to r/title-48-TERRITORIES-AND-INSULAR-POSSESSIONS · 833 words · no verdicts yet

in plain englishAI-generated · not legal advice

This section establishes the elected Governor and Lieutenant Governor of the Virgin Islands and sets their eligibility, terms, powers, and duties. It also establishes emergency powers, reporting duties, and the Lieutenant Governor's office.

The Virgin Islands' executive power belongs to the Governor. The Governor and Lieutenant Governor are elected together by one vote from qualified legislative voters, by majority vote. If no pair gets a majority, a runoff occurs 14 days later between the highest and second-highest vote-getters. The first election was November 3, 1970; beginning in 1974, elections occur every four years. The term is four years and lasts until successors qualify. A person elected Governor for two full successive terms cannot serve again until one full term passes. The term starts the first Monday in January after the election. A candidate must be an eligible voter, a United States citizen and bona fide Virgin Islands resident for the preceding five years, and at least 30 when taking office. The Governor must live officially in Government House on Saint Thomas, which with its land is transferred to the Virgin Islands; while on Saint Croix, the Governor may use Government House there, also transferred with its land. The Governor supervises the executive branch, may grant local-law pardons and reprieves and remit fines and forfeitures, may veto legislation as this chapter allows, appoints and may remove executive officers and employees except where law provides otherwise, commissions authorized appointees, and must faithfully enforce Virgin Islands and applicable United States laws. During disaster, invasion, insurrection, rebellion, imminent danger, or lawless violence, the Governor may summon the posse comitatus, call the militia, or request federal military assistance, subject to the commander's discretion and federal duties. During rebellion or invasion or imminent danger, when public safety requires, the Governor may declare the islands under Virgin Islands martial law; the Legislature must meet promptly and may revoke the declaration by two-thirds vote. The Governor must publish and submit to Congress and the Interior Secretary a standards-compliant annual financial report within 120 days after each fiscal year. It must include required physical, economic, social, and political statistics and other information Congress requires. The Governor must make other reports required by Congress or federal law, may issue lawful executive orders and regulations, and may recommend bills and express views to the Legislature. The office of Lieutenant Governor is established. The Lieutenant Governor has executive powers and duties assigned by the Governor or provided by this chapter or Virgin Islands law.
the actual law source: uscode.house.gov ↗public domain

The executive power of the Virgin Islands shall be vested in an executive officer whose official title shall be the “Governor of the Virgin Islands”. The Governor of the Virgin Islands, together with the Lieutenant Governor, shall be elected by a majority of the votes cast by the people who are qualified to vote for the members of the legislature of the Virgin Islands. The Governor and Lieutenant Governor shall be chosen jointly, by the casting by each voter of a single vote applicable to both officers. If no candidates receive a majority of the votes cast in any election, on the fourteenth day thereafter a run-off election shall be held between the candidates for Governor and Lieutenant Governor receiving the highest and second highest number of votes cast. The first election for Governor and Lieutenant Governor shall be held on November 3, 1970. Thereafter, beginning with the year 1974, the Governor and Lieutenant Governor shall be elected every four years at the general election. The Governor and Lieutenant Governor shall hold office for a term of four years and until their successors are elected and qualified. No person who has been elected Governor for two full successive terms shall be again eligible to hold that office until one full term has intervened. The term of the elected Governor and Lieutenant Governor shall commence on the first Monday of January following the date of election.

No person shall be eligible for election to the office of Governor or Lieutenant Governor unless he is an eligible voter and has been for five consecutive years immediately preceding the election a citizen of the United States and a bona fide resident of the Virgin Islands and will be, at the time of taking office, at least thirty years of age. The Governor shall maintain his official residence in the Government House on Saint Thomas during his incumbency, which house, together with land appurtenant thereto, is hereby transferred to the government of the Virgin Islands. While in Saint Croix the Governor may reside in Government House on Saint Croix, which house, together with land appurtenant thereto is also transferred to the government of the Virgin Islands.

The Governor shall have general supervision and control of all the departments, bureaus, agencies, and other instrumentalities of the executive branch of the government of the Virgin Islands. He may grant pardons and reprieves and remit fines and forfeitures for offenses against local laws. He may veto any legislation as provided in this chapter. He shall appoint, and may remove, all officers and employees of the executive branch of the government of the Virgin Islands, except as otherwise provided in this or any other Act of Congress, or under the laws of the Virgin Islands, and shall commission all officers that he may be authorized to appoint. He shall be responsible for the faithful execution of the laws of the Virgin Islands and the laws of the United States applicable in the Virgin Islands. Whenever it becomes necessary, in case of disaster, invasion, insurrection, or rebellion or imminent danger thereof, or to prevent or suppress lawless violence, he may summon the posse comitatus or call out the militia or request assistance of the senior military or naval commander of the Armed Forces of the United States in the Virgin Islands or Puerto Rico, which may be given at the discretion of such commander if not disruptive of, or inconsistent with, his Federal responsibilities. He may, in case of rebellion or invasion or imminent danger thereof, when the public safety requires it, proclaim the islands, insofar as they are under the jurisdiction of the government of the Virgin Islands, to be under martial law. The members of the legislature shall meet forthwith on their own initiative and may, by a two-thirds vote, revoke such proclamation.

The Governor shall prepare, publish, and submit to the Congress and the Secretary of the Interior a comprehensive annual financial report in conformance with the standards of the National Council on Governmental Accounting within one hundred and twenty days after the close of the fiscal year. The comprehensive annual financial report shall include statistical data as set forth in the standards of the National Council on Governmental Accounting relating to the physical, economic, social, and political characteristics of the government, and any other information required by the Congress. The Governor shall also make such other reports at such other times as may be required by the Congress or under applicable Federal law. He shall have the power to issue executive orders and regulations not in conflict with any applicable law. He may recommend bills to the legislature and give expression to his views on any matter before that body.

There is hereby established the office of Lieutenant Governor of the Virgin Islands. The Lieutenant Governor shall have such executive powers and perform such duties as may be assigned to him by the Governor or prescribed by this chapter or under the laws of the Virgin Islands.

Source credit: (July 22, 1954, ch. 558, § 11, 68 Stat. 503; Pub. L. 90–496, § 4, Aug. 23, 1968, 82 Stat. 837; Pub. L. 97–357, title III, § 309(a), Oct. 19, 1982, 96 Stat. 1710; Pub. L. 98–454, title V, § 502, Oct. 5, 1984, 98 Stat. 1735; Pub. L. 105–362, title IX, § 901(n), Nov. 10, 1998, 112 Stat. 3290.)

history & why it existsrecord from the source credit
  • 1954Enacted · Act of July 22, 1954, ch. 558 · 68 Stat. 503
  • 1968Amended · Pub. L. 90-496 · 82 Stat. 837
  • 1982Amended · Pub. L. 97-357 · 96 Stat. 1710
  • 1984Amended · Pub. L. 98-454 · 98 Stat. 1735
  • 1998Amended · Pub. L. 105-362 · 112 Stat. 3290

A history note hasn’t been published yet. The record shows enactment by ch. 558 on 1954-07-22.

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