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U.S. Virgin Islands Legislative Apportionment Initiative (March 2019)
| U.S. Virgin Islands Legislative Apportionment Initiative | |
|---|---|
 | |
| Election date March 30, 2019 | |
| Topic Redistricting measures | |
| Status Defeated | |
| Type State statute | Origin Citizens |
The U.S. Virgin Islands Legislative Apportionment Initiative was on the ballot in the U.S. Virgin Islands as an indirect initiated state statute on March 30, 2019. It was defeated.
| A "yes" vote supported the apportionment initiative, replacing the territory's two seven-member legislative districts and one at-large member with four two-member districts, one single-member district, and six at-large members. |
| A "no" vote opposed the apportionment initiative, keeping the territory's legislative districts as two seven-member districts and one at-large member. |
In the U.S. Virgin Islands, a majority of registered voters must turn out for a ballot initiative to be approved, and a majority of voters who turn out need to cast their votes in support of the initiative. As of the election, there were 51,734 registered voters in the U.S. Virgin Islands, meaning at least 25,867 needed to vote in the election. Voter turnout was at 9.3 percent; therefore, the measure failed.[1]
Election results
|
Virgin Islands Legislative Apportionment Initiative |
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|---|---|---|---|---|
| Result | Votes | Percentage | ||
| Yes | 3,577 | 74.63% | ||
|
|
1,216 | 25.37% | ||
Overview
Political status of U.S. Virgin Islands
The U.S. Virgin Islands, abbreviated as USVI, is located in the Caribbean, east of Puerto Rico, and is 134 square miles–about twice the area of Washington, D.C. USVI consists of three main islands–St. Croix, St. John, and St. Thomas–and has a total population of 106,405, according to the 2010 U.S. census. The island of St. Thomas had 51,634 people, St. Croix had 50,601 people, and St. John had 4,170 people. The United States purchased the islands from Denmark in 1917.[2][3]
USVI is one of the United States' five inhabited unincorporated territories. The others are Puerto Rico, Guam, American Samoa, and the Northern Mariana Islands. USVI does not have a territorial constitution; the Organic Act of 1954 functions as the territory's organizing document.[4] Congress granted citizenship to U.S. Virgin Islanders in 1927.[3]
Like neighboring Puerto Rico, USVI cannot vote for president nor a floor-voting representative in Congress. However, USVI does elect a congressional delegate, who can introduce legislation and vote in committees. As of 2019, Stacey Plaskett (D) was the territory's delegate. USVI has a unicameral legislature and a governor. As of 2019, the governor was Albert Bryan (D), and Democrats controlled the legislature.
What would the ballot initiative have changed?
As of 2019, the U.S. Virgin Islands had a 15-member legislature. Members were elected from districts that overlap with islands. As of 2019, the 15-member legislature consisted of two seven-member districts and one at-large member. Voters select their preferred candidate from a list, and the top seven vote-getters in the multi-member districts are elected. One of the seven-member districts represented the island of St. Croix, and the other seven-member district represented the islands of St. Thomas and St. John. An additional legislator was elected at large, meaning voters from across USVI voted on candidates for the seat, but the legislator had to be a resident of St. John.[5]
The ballot initiative would have replaced the territory's two seven-member legislative districts and one at-large member with four two-member districts, one one-member district, and six at-large members. The legislature would have continued to have 15 members. The four two-member districts would have represented eastern St. Croix, western St. Croix, eastern St. Thomas, and western St. Thomas. The one single-member district would have represented St. John. An additional six legislators would have been elected at large, but three would have had to be residents of St. Croix and three would have had to be residents of St. Thomas.[5]
The ballot initiative would have given the nine members elected from districts terms of two years and the six members elected at-large terms of four years. Approval of legislation would have required the vote of at least five district senators and three at-large senators.[5]
The following illustration compares the legislature's existing apportionment to the ballot initiative:
Text of measure
Ballot title
The official ballot title was as follows:[6]
| “ | An Initiative to amend Title 2, Chapter 6 of the Virgin Islands Code, entitled “Apportionment of the Legislature”, to create District Senators and At-Large Senators and impose district residency requirements.[7] | ” |
Ballot question
The official ballot question was as follows:[6]
| “ |
Title 2, Chapter 6 of the Virgin Islands Code, entitled “Apportionment of the Legislature”, is amended to read as follows: There are five (5) legislative districts with nine (9) district Senators:
And six (6) at-large senators:
Shall this proposal become law?[7] |
” |
Ballot summary
The official ballot summary was as follows:[6]
| “ |
This initiative seeks to amend Title 2, Chapter 6 of the Virgin Islands Code, entitled Apportionment of the Legislature, to create the following districts:
The initiative also seeks to create the following at-large Senators.
All senatorial candidates and elected Senators must be bonafide residents of either the District or at-large District that they are seeking to represent.[7] |
” |
Full text
The full text of the ballot initiative is as follows:[5]
(a) Each member shall receive a base allotment of 2% of the operating budget of the Legislative Branch for the operation of the member's senatorial office. (b) The at-large member designated by a resolution passed by the majority as President of the Senate, in addition to the base allotment, shall receive an additional allotment not to exceed 1% of the operating budget of the Legislative Branch to perform the additional responsibilities and duties of the Office of the President. The member's total allotment shall be no more than 3% of the operating budget of the Legislative Branch. (c) Members designated as committee chairs by a resolution passed by a majority of senators, in addition to the base allotment, shall all receive an equal additional allotment not to exceed .5% of the operating budget of the Legislative Branch to perform the additional responsibilities of chairing their respective committees, except that the at-large members designated by a resolution passed by the majority to be the committee chairs of the Rules and Finance committees or their successor committees shall each receive a total allotment not to exceed 1% of the operating budget of the Legislative Branch to perform the additional responsibilities of chairing their respective committee. (d) The (e) The allotments granted under this section must be prorated from the date the member takes office on a monthly basis over the period of the allotment. Title 2, Chapter 6, Section 101: Legislative Districts
There shall be five legislative Districts in the Virgin Islands, one designated the District of St. Croix East, one designed the District of St. Croix West, one designated the District of St. Thomas East, one designated the District of St. Thomas West, and one designated the District of St. John. The District of St. Croix East shall be comprised of the eastern part of St. Croix and Protestant Cay. The District of St. Croix West shall be comprised of the western part of St. Croix and Buck Island and adjacent islets and cays. The District of St. Thomas East shall be comprised of the eastern part of St. Thomas. The District of St. Thomas West shall be comprised of the western part of St. Thomas and Hassel, Water, Savanna, Inner Brass, Outer Brass, Hans Lollick, Little Hans Lollick, Great St. James, Little St. James, Capella Islands, Thatch Cay, Flanagan Islands, Grass, Mingo, Lovango, and Congo Cays, and adjacent islets and cays. The District of St. John shall be comprised of the island of St. John. Title 2, Chapter 6, Section 102: Number; Apportionment
There shall be fifteen members of the Legislature to be known as senators. The island of St. Croix shall be divided into two districts, St. Croix East and St. Croix West; the island of St. Thomas shall be divided into two districts, St. Thomas East and St. Thomas West; the island of St. John shall be a district by itself. Two senators shall be elected by qualified voters of the district of St. Croix East, and two senators shall be elected by qualified voters of the district St. Croix West. Two senators shall be elected by qualified voters of the district of St. Thomas East, and two senators shall be elected by qualified voters of the district St. Thomas West. One senator shall be elected by the qualified voters of the island of St. John. Three senators who are bonafide residents of the island of St. Croix shall be elected at large by the qualified electors of the Virgin Islands as a whole, and three senators who are bonafide residents of the island of St. Thomas shall be elected at large by the qualified electors of the Virgin Islands as a whole. The district senators shall serve for a term of two years. The at-large senators shall serve for a term of four years in a staggered manner with three at-large senators standing for election every two years. Legislation shall require the affirmative vote of five district senators and three at-large senators. The override of a Governor's veto shall require the affirmative vote of six district senators and four at-large senators. Title 2, Chapter 6, Section 103: Requirements; Residence No person is eligible to be a member of the Legislature who does not meet the requirements set forth in section 6(b) of the Revised Organic Act of the Virgin Islands. Additionally, no person is eligible to be a senator from a legislative district unless he has been a bona fide resident of the particular district for at least three consecutive years next preceding the date of his election; provided, that no person may be a candidate for the |
Support
The St. Croix Government Retirees, Inc. proposed the ballot initiative.[8][9]
Arguments
Mary Moorhead, president of the St. Croix Government Retirees, Inc., said:[10]
| “ | The republican form of government is a representative government. Ideally our 15-member lawmaking body should be structured with six at-large senators and nine district senators in nine legislative districts, with each district senator having the sole responsibility for a district. In the interest of minimal adjustments, this organization has opted for five districts with two senators sharing responsibilities in each of the four districts on St. Croix and St. Thomas. This should be viewed as a first step to minimize confusion and mostly because the Election System would be tasked with too many reforms in one step. Not only would the Election System have to create proportionally equal districts, it would also have to reconfigure from two election district boards to five. ... If the 50 states can be proportionally divided into four hundred and thirty-five Congressional districts, with just one member of the House of Representatives responsible and accountable for a ratio of more than seven hundred thousand people per district, pray tell, where is the logic in having seven senators represent an island district of maybe fifty thousand people? Every senator shall have an assigned responsibility they will be accountable for.[7] | ” |
Opposition
Arguments
Bill Kossler, editor of VI Source, quoted the legislature's legal counsel, Yvonne Tharpes, and an elections board member, Jevon Williams, in an op-ed opposed to the ballot initiative. He said:[11]
| “ | More importantly, the measure, as drafted, has already raised constitutional concerns that will spawn endless lawsuits. Yvonne Tharpes, the Legislature’s chief legal counsel, recently wrote an opinion saying in part that “the constitutional equal protection requirements for fair representations will not me met under this proposal,” and that it lacks any means for drawing the districts. “It is not sufficient merely to declare that there are five districts and name them as St. Croix East, St. Croix West, St. Thomas East, St. Thomas West and St. John,” Tharpes wrote. Republican member of the V.I. Board of Elections Jevon Williams issued a statement echoing those same constitutional concerns about “one person, one vote."[7] | ” |
Background
Party control of territorial legislature
As of 2019, Democrats controlled 13 of 15 seats in the Legislature of the U.S. Virgin Islands. Independents held the remaining two seats. The following is a list of territorial legislators as of 2019:[12][13]
| 2019 members, Legislature of the Virgin Islands | ||
|---|---|---|
| District | Senator | Party |
| At-large | Steven D. Payne Sr. |  Democratic
|
| St. Croix | Kurt Vialet | Democratic
|
| St. Croix | Novelle Francis | Democratic
|
| St. Croix | Kenneth Gittens | Democratic
|
| St. Croix | Allison DeGazon | Democratic
|
| St. Croix | Javan James | Democratic
|
| St. Croix | Oakland Benta | Democratic
|
| St. Croix | Alicia Barnes | Democratic
|
| St. Thomas/St. John | Marvin Blyden | Democratic
|
| St. Thomas/St. John | Athneil Thomas | Democratic
|
| St. Thomas/St. John | Myron D. Jackson | Democratic
|
| St. Thomas/St. John | Donna Frett-Gregory | Democratic
|
| St. Thomas/St. John | Stedman Hodge | Democratic
|
| St. Thomas/St. John | Janelle Sarauw |  Independent
|
| St. Thomas/St. John | Dwayne DeGraff | Independent
|
Path to the ballot
Process in the U.S. Virgin Islands
In 1986, the U.S. Congress passed House Resolution 2478 (HR 2478) granting the people of the U.S. Virgin Islands the power to initiate legislation and recall elected officials. President Ronald Reagan (R) signed the bill on August 27, 1986. USVI Delegate Ron de Lugo (D) sponsored HR 2478.[4]
In the U.S. Virgin Islands, the number of signatures required to get an initiated state statute placed on the ballot is equal to 10 percent of the registered voters of each legislative district or 41 percent of all registered voters of the Virgin Islands. USVI also requires initiative sponsors to submit signatures equal to 1 percent of the registered voters of each legislative district or 4 percent of all registered voters of the Virgin Islands with the initial petition application.[14]
Proponents are given 180 days to collect signatures after the ballot title is written, and signatures are filed with the supervisor of elections, who determines whether enough signatures are valid.[14]
As ballot initiatives are indirect in USVI, proposals with an adequate number of valid signatures are transferred to the Legislature of the Virgin Islands. The legislature has the option to approve, reject, or take no action on the initiative. Approval enacts the initiative as law, keeping the initiative off the ballot. Rejection or no action refer the initiative to the ballot for voter consideration. The legislature can also offer an alternative proposal to appear on the ballot alongside the initiative as a competing measure.[14]
Stages of this initiative
The St. Croix Government Retirees (SCGR) organized a campaign for the ballot initiative and filed an initial round of signatures with the supervisor of elections. On April 10, 2018, supervisor of elections Caroline Fawkes provided ballot language for the initiative and said proponents could collect signatures for 180 days between April 12 and October 12, 2018.[15]
Proponents of the initiative filed signatures throughout the 180 days, and, on October 1, 2018, Supervisor Fawkes announced that 2,343 signatures were valid from the district of St. Croix and 2,553 were valid from the district of St. Thomas/St. John. In St. Croix, 2,298 signatures were required. In St. Thomas/St. John, 2,530 signatures were required. Supervisor Fawkes forwarded the initiative to the territorial legislature on October 1, 2018.[16]
The Legislature of the Virgin Islands did not act on the ballot initiative but did pass legislation for a special election to be held on March 30, 2019, for voters to decide the ballot initiative. Gov. Kenneth Mapp (I) signed the bill for the special election.[17]
See also
- U.S. Virgin Islands
- 2019 ballot measures
- Legislature of the Virgin Islands
- Redistricting measures on the ballot
External links
Footnotes
- ↑ Election System of Virgin Islands, "2019 Special Election," accessed February 24, 2019
- ↑ CIA World Factbook, "U.S. Virgin Islands," accessed February 19, 2019
- ↑ 3.0 3.1 Congressional Research Service, "Economic and Fiscal Conditions in the U.S. Virgin Islands," June 20, 2018
- ↑ 4.0 4.1 U.S. Congress, "House Resolution 2478," accessed February 19, 2019
- ↑ 5.0 5.1 5.2 5.3 St. Croix Government Retirees, "Initiative," February 28, 2018
- ↑ 6.0 6.1 6.2 Election System of U.S. Virgin Islands, "2019 Special Election," accessed February 19, 2019
- ↑ 7.0 7.1 7.2 7.3 7.4 Note: This text is quoted verbatim from the original source. Any inconsistencies are attributable to the original source.
- ↑ St. Croix Government Retirees, Inc., "Reapportionment," accessed February 22, 2019
- ↑ St. Croix Source, “Initiative to Reapportion Senate to Go to Voters,” October 8, 2018
- ↑ St. Thomas Source, "V.I. Needs Ballot Initiative for Legislative Districts, Retiree Group Says," March 12, 2018
- ↑ St. John Source, "Editorial: Vote No on Senate Reapportionment Initiative," October 25, 2018
- ↑ Legislature of the U.S. Virgin Islands, "Homepage," accessed February 28, 2019
- ↑ Election System of the Virgin Islands, "2018 Official Results," accessed February 28, 2019
- ↑ 14.0 14.1 14.2 Cornell Law School, "U.S. Code Title 48, Chapter 12, Subchapter IV, Section 1593," accessed February 19, 2019
- ↑ St. Croix Government Retirees, "Re: Initiative Petition," April 10, 2018
- ↑ St. Croix Government Retirees, "St. Croix Government Retirees, Inc. Initiative Completed," October 1, 2018
- ↑ VI Fress Press, "Gov. Mapp Approves $145,000 in Funding for Special Election on Apportionment," November 3, 2018
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