ELECTION SYSTEM OF THE VIRGIN ISLANDS NOMINATION AT GENERAL ELECTIONS OFFICE OF THE SUPERVISOR OF ELECTIONS § 410. Filing time for nomination (a) Nomination petitions filed pursuant to section 344 of this chapter and nomination papers filed pursuant to subchapter II of this chapter must be filed: with the Supervisor of Elections, in the election district in which the candidate resides; and between the second Tuesday in May from 12 noon to the third Tuesday in May by 6 p.m. of each general election year. (b) In any general election year a person may file either a nomination petition pursuant to section 344 of this chapter or a nomination paper pursuant to subchapter II, but not both. (c) Nothing in this section shall be construed to require any person not filing as a member of a political body to run in the primary election. History —Added Oct. 21, 1988, No. 5367, § 4(2), Sess. L. 1988, p. 253; amended May 31, 2012, No. 7366, § 2(c), Sess. L. 2012, p. 102; amended Nov. 7, 2013, No. 7565, § 2(c), Sess. L. 2013, p. 205. § 411. Examination of nomination petitions, papers, and certificates; notice of defects (a) The Supervisor of Elections or his deputy shall forthwith examine the nomination petitions, nomination papers or nomination certificates filed with him under this chapter and shall permit them to be examined by any interested citizen. If the identity of any signer is unknown to him or if the identity or capacity of any signer seems to him doubtful or is challenged by any citizen, the Supervisor of Elections or his deputy within three days after the close of the nomination period shall hold a public hearing in the election district in which the signer in question purports to reside, to which hearing such signer and any material witnesses may be summoned. The Supervisor of Elections or his deputy shall determine the signer's identity and capacity and ascertain that the candidates have been validly nominated. (b) If the Supervisor determines that a candidate for election or nomination does not meet the qualifications established by law for the office, then he shall disqualify such candidate and delete the candidate's name from the ballot if the ballots have not been printed. (c) When a nomination petition, nomination paper or nomination certificate is found to be defective the candidate shall be notified immediately by special messenger with the reason or reasons therefor. If a new, valid petition, paper or certificate is not filed within three days thereafter the candidate shall be disqualified for nomination or election. History —Added Feb. 20, 1963, No. 936, § 1; amended June 26, 1968, No. 2252, § 5, Sess. L. 1968, Pt. II, p. 70; June 26, 1968, No. 2253, § 2 (l), Sess. L. 1968, Pt. II, p. 76. § 412. Objections to nomination petitions and papers All nomination petitions and nomination papers received and filed under this chapter, and accepted after the examination required by section 411 of this title, shall be deemed to be valid, unless, within five days after the last day for filing such nomination petition or papers, a petition is presented to the district court, specifically setting forth the objections thereto, and praying that such petition or paper be set aside. A copy of the petition shall, within such period, be served on the officer with whom the nomination petition or paper was filed. Upon the presentation of such a petition the court shall make an order fixing a time for hearing which shall not be later than 10 days after the last day for filing such nomination petition or paper, and specifying the time and manner of notice that shall be given to the candidate named in the nomination petition or paper sought to be set aside. On the day fixed for the hearing, the court shall proceed without delay to hear such objections, and shall give the hearing precedence over any other business before it, and shall finally determine the matter not later than 15 days after the last day for filing such nomination petitions or papers. If the court finds that the nomination petition or paper is defective under the provisions of section 411 of this title, or that it does not contain a sufficient number of genuine signatures of electors entitled to sign it under the provisions of this chapter, or was not filed by persons entitled to file it, it shall be set aside. If the objections relate to material errors or defects apparent on the face of the nomination petition or paper, or on the face of the accompanying or appended affidavits, the court, after hearing, may, in its discretion, permit amendments within such time and upon such terms as to payment of costs, as the court may specify. In case a petition under this section is dismissed, the court shall make such order as to the payment of the cost of the proceeding, including witness fees, as it shall deem just. If a person shall sign any nomination petitions or papers for a greater number of candidates than he is permitted under the provisions of this chapter, if such signatures bear the same date, they shall, upon objections filed thereto, not be counted on any petition or paper and if they bear different dates, they shall be counted in the order of their priority of date, for only so many persons as there are candidates to be nominated or voted for by an elector at the general election. History —Added Feb. 20, 1963, No. 936, § 1. § 412. Objections to nomination petitions and papers All nomination petitions and nomination papers received and filed under this chapter, and accepted after the examination required by section 411 of this title, shall be deemed to be valid, unless, within five days after the last day for filing such nomination petition or papers, a petition is presented to the district court, specifically setting forth the objections thereto, and praying that such petition or paper be set aside. A copy of the petition shall, within such period, be served on the officer with whom the nomination petition or paper was filed. Upon the presentation of such a petition the court shall make an order fixing a time for hearing which shall not be later than 10 days after the last day for filing such nomination petition or paper, and specifying the time and manner of notice that shall be given to the candidate named in the nomination petition or paper sought to be set aside. On the day fixed for the hearing, the court shall proceed without delay to hear such objections, and shall give the hearing precedence over any other business before it, and shall finally determine the matter not later than 15 days after the last day for filing such nomination petitions or papers. If the court finds that the nomination petition or paper is defective under the provisions of section 411 of this title, or that it does not contain a sufficient number of genuine signatures of electors entitled to sign it under the provisions of this chapter, or was not filed by persons entitled to file it, it shall be set aside. If the objections relate to material errors or defects apparent on the face of the nomination petition or paper, or on the face of the accompanying or appended affidavits, the court, after hearing, may, in its discretion, permit amendments within such time and upon such terms as to payment of costs, as the court may specify. In case a petition under this section is dismissed, the court shall make such order as to the payment of the cost of the proceeding, including witness fees, as it shall deem just. If a person shall sign any nomination petitions or papers for a greater number of candidates than he is permitted under the provisions of this chapter, if such signatures bear the same date, they shall, upon objections filed thereto, not be counted on any petition or paper and if they bear different dates, they shall be counted in the order of their priority of date, for only so many persons as there are candidates to be nominated or voted for by an elector at the general election. History —Added Feb. 20, 1963, No. 936, § 1. Virgin Islands Code Annotated Copyright © 2021 Office of the Code Revisor, Legislature of the Virgin Islands All rights reserved. § 413. Withdrawal of nominated candidates Any person who has been nominated for a public office at a primary or by nomination papers may withdraw his name from nomination by request in writing, signed by him and acknowledged before an officer qualified to take acknowledgments of deeds, and filed in the office of the Supervisor of Elections or of his deputy in the election district in which such person resides. Such a written withdrawal, to be effective, shall be received in the office of the Supervisor of Elections or his designee within 5 days after the final date for filing nomination papers and nomination petitions as provided pursuant to section 410 of this chapter, and not later than 5 p.m. on the last day for filing the withdrawal. No name so withdrawn shall be printed upon the ballot. No candidate may withdraw any withdrawal notice already received and filed, and thereby reinstate his nomination. History —Added Feb. 20, 1963, No. 936, § 1; amended Aug. 13, 1966, No. 1805, § 10, Sess. L. 1966, p. 445; June 26, 1968, No. 2252, § 5, Sess. L. 1968, Pt. II, p. 70; Aug. 28, 1972, No. 3296, § 1, Sess. L. 1972, p. 433; July 12, 1978, No. 4129, § 11, Sess. L. 1978, p. 152; Oct. 21, 1988, No. 5367, § 4(3), Sess. L. 1988, p. 254. § 414. Substituted nominations by parties (a) Any vacancy occurring or existing after the date of the primary in any party nomination, by reason of the death or withdrawal of any candidate, may be filled by a substituted nomination made by such committee as is authorized by the rules of the party to make nominations if there are vacancies in the party ticket. (b) Upon the making of a substituted nomination referred to in subsection (a) of this section in accordance with the party rules, the chairman and secretary of the party committee making the nomination shall file with the Supervisor of Elections or with his deputy in the election district in which the substituted candidate resides, a nomination certificate which shall be signed by the chairman and secretary of such committee. (c) The nomination certificate shall set forth— the office and the election district, if any, for which it is filed; the cause of the vacancy; the rule or rules of the political party, setting forth the provisions applicable to a substituted nomination; that a quorum of the committee, caucus, or convention, as provided by the party rules, duly convened, and the names of those present at the meeting and all proxies; that such persons are the duly appointed or elected members of such committee, caucus, or convention; the name, residence, and occupation of the candidate duly nominated at such meeting; and a statement by, and under the signature of the candidate duly nominated that he is an enrolled member of the political party nominating him, and that he accepts the nomination. (d) Every certificate of nomination prepared and filed under this section shall be sworn to or affirmed by the chairman and secretary of the committee before an officer qualified to administer oaths. History —Added Feb. 20, 1963, No. 936, § 1; amended June 26, 1968, No. 2252, § 5, Sess. L. 1968, Pt. II, p. 70; Feb. 12, 1969, No. 2419, § 11, Sess. L. 1969, p. 68. § 415. Substituted nominations by political bodies In the case of the death or withdrawal of any candidate nominated by a political body by nomination papers, the persons who signed the nomination paper, or a majority of them if such majority meets the requirement as to minimum number of signers, as prescribed in section 381 of this title, may nominate a substitute in his place by filing in the proper office a substitute nomination paper, executed in the manner and form prescribed by sections 381–384 of this title. Such substituted nomination paper shall be accompanied by an affidavit of the substituted candidate identical with that required under section 383 of this title, and by a verified statement, signed by all the persons signing the substitute nomination paper, setting forth the fact of the death or withdrawal of the candidate originally nominated. If the vacancy is caused by the death of a candidate, the substitute nomination paper shall also be accompanied by a death certificate, properly certified. History —Added Feb. 20, 1963, No. 936, § 1. § 416. Time for filing substituted nomination certificates and papers Substituted nomination certificates and substitute nomination papers to fill vacancies caused by withdrawal or death of candidates nominated at primaries or by nomination papers shall be filed with the Supervisor of Elections or his deputy: (1) within 5 days after the last day for filing for withdrawals by nominated candidates as provided in section 413 of this chapter, if the vacancy was caused by the withdrawal of the original candidate; or (2) at any time prior to the day on which the printing of the ballots is commenced if the vacancy was caused by the death of the original candidate. History —Added Feb. 20, 1963, No. 936, § 1; amended Aug. 13, 1966, No. 1805, § 11, Sess. L. 1966, p. 445; Aug. 28, 1972, No. 3296, § 2, Sess. L. 1972, p. 433; July 12, 1978, No. 4156, § 12, Sess. L. 1978, p. 153. § 417. Objections to substituted nomination certificates and papers All substituted nomination certificates and substitute nomination papers may be objected to in the manner provided in section 412 of this title, except that: any such objections shall be filed within three days after the filing of the substituted nomination certificate or substitute nomination paper; and no objections as to form and conformity to law shall be received after the day on which the printing of ballots is commenced. History —Added Feb. 20, 1963, No. 936, § 1. § 418. Preservation of nomination petitions, certificates and papers All nomination petitions, certificates and papers shall be preserved in the offices in which they have been filed for a period of at least two years. History —Added Feb. 20, 1963, No. 936, § 1. § 419. Casting of lots for position of names upon official election ballot; notice to candidates Immediately after the last day is fixed for the withdrawal of nominated candidates under section 413 of this subchapter, the Supervisor of Elections shall fix a day for the casting of lots, in such manner as he prescribes, for the position of the names upon the official election ballot of all candidates nominated for the election by the vote of party electors at the immediately preceding primary, and nominated for election by nomination papers. The Supervisor of Elections shall give at least two days' notice of such date by publication in the local newspapers circulating in the Virgin Islands or district, as the case may be. Each candidate may appear in person, or by an agent duly authorized by letter of attorney, signed and acknowledged by an officer empowered to take acknowledgments. If any candidate is not present in person or by representative at the time of the casting of lots, the Supervisor of Elections or his designee shall draw for such candidate. After the lots are cast, the Supervisor of Elections shall establish accordingly the order in which the names of such candidates are to appear on the official election ballot. History —Added Feb. 20, 1963, No. 936, § 1; amended Aug. 13, 1966, No. 1805, § 12, Sess. L. 1966, p. 445; May 29, 1968, No. 2214, § 6, Sess. L. 1968, Pt. II, p. 21; Jan. 1, 2010, No. 7086, § 1(i), Sess. L. 2009, p. 148. § 420. Certificate of nominees by Supervisor of Elections As soon as possible after the casting of lots, as provided for in section 419 of this subchapter, the Supervisor of Elections shall have published in public newspapers of general circulation an official list, certified by him, of all candidates who have been nominated in accordance with the provisions of this chapter, in the order in which their names will appear upon the official election ballot. History —Added Feb. 20, 1963, No. 936, § 1; amended May 29, 1968, No. 2214, § 7, Sess. L. 1968, Pt. II, p. 21; May 3, 1984, No. 4934, § 8(f), Sess. L. 1984, p. 117.