ST. CROIX — The Legislature of the Virgin Islands approved Bill No. 36-0236 as amended Thursday in the Earle B. Ottley Legislative Hall on St. Thomas after senators attached four nongermane amendments related to elections.
The amendments bar convicted felons and individuals convicted of a crime involving moral turpitude from holding any public office within the jurisdiction of the Virgin Islands, increase campaign donations, change early voting dates, and eliminate permit fees for political signs.
The body also approved a separate bill that appropriates $400,000 to fund the Democratic primary election.
Senator Kenneth Gittens moved the amendment that would prohibit individuals convicted of felony offenses or crimes involving moral turpitude from qualifying for, being elected to or holding public office within the jurisdiction of the Virgin Islands unless they receive a full pardon restoring their civil rights. Individuals convicted of sex offenses would be permanently barred from public office unless expressly pardoned with restoration of that eligibility. The amendment does not affect eligibility for the delegate to Congress, because eligibility requirements for that office are set by federal law.
Eligible candidates for the office of delegate to Congress as outlined in Title 48 of the United States Code as well as in the House Qualifications Clause set forth in Article 1, Section 2, Clause 2 of the U.S. Constitution must meet three requirements. Those requirements include the candidate being at least 25 years old, a U.S. citizen for at least seven years, and an inhabitant of the state or territory in which they were elected.
The proposal also requires the supervisor of elections to establish procedures for reviewing criminal background checks and affidavits, verify candidate filings before certification, and deny certification to candidates who fail to meet eligibility requirements.
Additionally, the amendment authorizes election officials to adopt rules and forms needed to implement the requirements.
“This measure only seeks to strengthen the integrity and public trust of the elected offices that we have at present,” Gittens said. “There are no equivalent local statutory requirements that applies to other public offices, so all we’re simply doing is leveling the playing field.”
If signed into law, this legislation does not impact the current election.
The amendment was approved by a vote of 13-0, with one senator absent and one senator not voting.
Gittens, At-Large Senator Angel Bolques Jr., Senate President Milton Potter, and Senators Avery Lewis, Kurt Vialet, Novelle Francis Jr., Marvin Blyden, Carla Joseph, Ray Fonseca, Dwayne DeGraff, Franklin Johnson, Clifford Joseph Sr., and Hubert Frederick voted in favor of the measure. Senator Marise James was absent, while Senator Alma Francis Heyliger did not vote.
Heyliger explained her caution in supporting the bill while debating Gittens after objecting to the amendment.
“In my opinion, we might be potentially opening a doorway that is kind of dangerous, because we’re seeing it from the perspective of felony, but then what would stop us tomorrow from then now adding something silly, like everybody who’s bald headed can’t run,” Heyliger said.
Gittens also moved an amendment the body approved to increase the maximum campaign contribution limit to $3,500 from $1,000. Heyliger objected, asking why there is a need for such a high increase. Gittens said it was because of inflation, noting the law has not been amended since 1990. The amendment passed 11-3, with Heyliger, DeGraff, and Johnson voting against it.
Additionally, Vialet offered a motion to amend the law to require that early voting end no earlier than three days before Election Day. The motion was adopted without objection.
An amendment offered by Blyden protects political signs as “temporary non‑commercial” speech, eliminating permit fees but still allowing the government to recover actual enforcement and removal costs from violators. He said it corrects past legislation — Bill No. 32-0059 (Act No. 8051) — that imposed fees on political signage in a way that raised First Amendment concerns.
The underlying measure, Bill No. 36-0236, increases the minimum balance that must remain in the Virgin Islands Insurance Guaranty Fund before excess interest earnings can be transferred to the General Fund.
The bill raises the threshold from $50 million to $55 million in both Title 33 and related provisions in Title 22 of the Virgin Islands Code. Under current law, interest earned on the fund remains in the Insurance Guaranty Fund until the balance reaches $50 million, with additional interest then deposited into the General Fund. The legislation instead would require the fund to reach $55 million before excess amounts could be transferred.
The measure also removes subsection (e) of Section 3061, makes technical wording changes clarifying that only amounts exceeding the threshold may be deposited into the General Fund, and increases a separate statutory amount in Title 22, Section 237(a)(1), from $50,000 to $75,000.
The bill was proposed by Vialet and sponsored by Lewis, DeGraff, Heyliger, Blyden, and Clifford Joseph, with Potter serving as co-sponsor. All 14 senators present voted to approve the bill as amended. It will now be forwarded to Governor Albert Bryan Jr. for further consideration and action.
Furthermore, Francis special ordered Bill No. 36-0294, which appropriates $400,000 from the General Fund to the Elections System of the Virgin Islands to fund the August 1 Democratic primary election. The body voted 11-3 to approve the bill, with DeGraff, Heyliger, and Gittens voting against it.
This article was updated to include an amendment eliminating permit fees for political signs and to add details about Bill No. 36-0294, appropriating $400,000 to fund the Democratic primary election.
