An act repealing title 18, Virgin Islands Code, chapter 1, section 2 and enacting provisions to — BILL NO. 36-0124
COMMITTEE OF THE WHOLE/FLOOR BILL NO. 36-0124 Thirty-Sixth Legislature of the Virgin Islands July 23, 2025 An act repealing title 18, Virgin Islands Code, chapter 1, section 2 and enacting provisions to allow government employees seeking elected office to maintain their employment PROPOSED BY: Senator Milton E. Potter, by Request of the Governor Be it enacted by the Legislature of the Virgin Islands: 1 SECTION 1. This act shall be known and cited as “Equal Candidacy Rights for Public 2 Employees Act”. 3 SECTION 2. Title 18 Virgin Islands Code, chapter 1, section 2 is repealed and reenacted 4 as follows: 5 “§ 2. Eligibility of Government Personnel for Public Office 6 (a) Government employees in the legislative, executive or judicial branches, except for 7 judicial officers, may seek elected public office without being required to take a leave of 8 absence, provided: 9 (1) The employee does not engage in campaign related activities during working 10 hours. 11 (2) The employee does not use government property, resources or supplies in the 12 conduct of campaign activities. …
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COMMITTEE OF THE WHOLE/FLOOR BILL NO. 36-0124 Thirty-Sixth Legislature of the Virgin Islands July 23, 2025 An act repealing title 18, Virgin Islands Code, chapter 1, section 2 and enacting provisions to allow government employees seeking elected office to maintain their employment PROPOSED BY: Senator Milton E. Potter, by Request of the Governor Be it enacted by the Legislature of the Virgin Islands: 1 SECTION 1. This act shall be known and cited as “Equal Candidacy Rights for Public 2 Employees Act”. 3 SECTION 2. Title 18 Virgin Islands Code, chapter 1, section 2 is repealed and reenacted 4 as follows: 5 “§ 2. Eligibility of Government Personnel for Public Office 6 (a) Government employees in the legislative, executive or judicial branches, except for 7 judicial officers, may seek elected public office without being required to take a leave of 8 absence, provided: 9 (1) The employee does not engage in campaign related activities during working 10 hours. 11 (2) The employee does not use government property, resources or supplies in the 12 conduct of campaign activities. 13 (b) Any violation of subsection (a) shall be: 14 2 (1) grounds for disciplinary action, up to and including termination, in 1 accordance with the applicable personnel rules and regulations; 2 (2) a fine not less than $5,000.00 and two times the cost of the Government of 3 the Virgin Islands’ resource used for election purposes; and 4 (3) all fines and or repayment of resources used for election shall be paid in full 5 prior to running in a succeeding election. 6 (c) Notwithstanding any law, no employee or official of the Department of Education 7 and no employee of the Board of Education may be a candidate for the Board of Education and 8 no employee or official of the office of the Supervisor of Elections and no employee of the 9 Board of Elections may be a candidate for the Board of Elections without taking a leave of 10 absence. If elected, they may not serve as an employee or official during their incumbency. 11 No member of the Board of Elections may be a candidate for any other public office during the 12 term for which the member was elected. Any member of the Board of Elections must resign 13 his position on the board as a condition of seeking any other public office.” 14 BILL SUMMARY 15 This bill repeals title 18 Virgin Islands Code, chapter 1, section 2 mandating government 16 employees take a leave of absence upon filing for public elective office. This bill replaces that 17 requirement by allowing government employees to run for office while maintaining their 18 employment provided they do not campaign during working hours or use government 19 resources. The bill seeks to promote fairness and encourages more persons to get involved in 20 public service. 21 BR25-0715/July 22, 2025/CBM 22 G36-018 23