Virgin Islands residents are U.S. citizens but the territory has no electoral votes to cast for the president or vice president of the U.S. The territory participates in the nominating processes (caucuses).[1] Citizens cannot elect voting members of Congress. However, in the U.S. House of Representatives, they are represented by a delegate, who can vote in congressional committees but not in the House itself. Such delegates can speak on the U.S. House floor, introduce bills and offer amendments but cannot vote during business as the Committee of the Whole or on final passage of legislation. The USVI has been allowed to have non-voting representation since 1972.
Federal representation
Virgin Islands residents can vote fully in all elections if they become a resident of one of the 50 U.S. states. If residents of one of the 50 states become residents of the Virgin Islands, they can no longer vote for President or for voting members of Congress.[2]
The voting rights of Virgin Islanders have been the subject of litigation. A federal lawsuit was filed in 2011 in the District Court of the Virgin Islands and was subsequently appealed to the Washington, D.C., Circuit Court of Appeals,[3] to provide Virgin Islanders with the fundamental right to be represented in Congress and vote for U.S. President.[4] A similar lawsuit was filed in 2020.[2]
There have been several attempts at a constitution. The most recent attempt was the Fifth Constitutional Convention of the U.S. Virgin Islands which passed a proposed constitution in May 2009 but was rejected by Congress in June 2010.
The Virgin Islands's territorial legislature is the 15-member Legislature of the Virgin Islands. The body is unicameral and comprises seven senators from the district of Saint Croix, seven senators from the district of Saint Thomas and Saint John, and one senator at-large (who must be a resident of Saint John). They are elected for a two-year term to the territorial legislature. There is no limit as to the number of terms they can serve.[14]
Judges on the District Court are appointed by the president for ten year terms, subject to Senate confirmation. They may serve more than one term. This is a federal court, established in 1936, with jurisdiction over the US Virgin Islands, with diversity jurisdiction and bankruptcy jurisdiction. Appeals of this court's decisions are heard by the United States Court of Appeals for the Third Circuit. One courthouse is located in Charlotte Amalie, St. Thomas, and one is in Christiansted, St. Croix.[15]
Judges of the USVI Supreme Court and Superior Court are appointed by the governor and confirmed by the legislative body.