Republican Party of the Virgin Islands

Platform

Preamble

Republicans believe that the proper role of government is to create an environment where individuals may pursue their quest for happiness and tranquility, and where their persons, families, and properties are secure from the invasion of others. This is only possible when each individual’s creative energy is unleashed and the people restrict government’s role to a protector, rather than a provider. Virgin Islands Republicans believe that if voters are made aware of the alternatives, that they will opt for a new positive direction, and reject the corruption, waste, and inefficiency of the past.

We believe in a free and orderly society of men and women, subjects to the laws of a wise and frugal government, which shall restrain its members from injuring one another, and otherwise leave them at liberty to regulate their own pursuit of industry. The Republican Party of the Virgin Islands also shares the national endorsement of a competitive and free enterprise system with minimum interference by government. We believe that government should serve the people, and answer to the will of the people.

We believe that in the Virgin Islands, taxpayers are forced to pay for an ineffective and inefficient government bureaucracy. High taxes on businesses also discourage private enterprise. In essence, Virgin Islanders are overtaxed for the value of services rendered.

1. Education

We believe that the present centralized educational system has not adequately performed the functions for which it was established. A change in direction is urgently needed. Local school boards should have greater autonomy within their districts, giving parents, teachers, students, and all citizens in each district the ultimate responsibility for their schools. Parents must be able to make choices in their child’s education. We also support charter schools, magnet schools, and special schools for the disadvantaged and handicapped. Vouchers provide a unique solution in helping low-income families afford a quality education. If public schools are not maintained well, they will not provide an adequate infrastructure for learning. Privatization of maintenance is a viable alternative. Additionally, appropriate resources must be allocated to attract and retain highly motivated teachers. The Republican Party of the Virgin Islands endorses alternative and vocational education. The Republican Party of the Virgin Islands encourages an educational environment rich in multicultural and multilingual experiences. We also encourage the implementation of successful measurable programs that will enhance the quality of education.

2. Economy

The Republican Party of the Virgin Islands believes that the development of the private sector is necessary in order to create economic growth and prosperity in the Virgin Islands. We believe that a more economically diversified society with a modern, efficient, well maintained infrastructure can provide jobs for our people and enable them to become self-sufficient. Virgin Islands Republicans believe that government is not the solution to our economic problems; rather, government can become an obstacle to our economic prosperity.

3. Tax Reform

The Republican Party of the Virgin Islands proposes that changes must be made in the tax laws of the Virgin Islands. Among these changes is the elimination of the gross receipts tax and import duty tax. The present inequality that exists in the assessment of property taxes must cease. We believe that elimination of these restrictive taxes will create a healthier economic atmosphere in the community. A more diversified tax structure should be implemented.

We also are of the opinion that no issue of general obligation bonds should be valid until Legislation authorizing such an issue has been submitted for approval to the people of the Virgin Islands at a general election, and approved by the majority of those voting thereon. The questionable procedure of obligating future administrations in order to avoid fiscal responsibility must cease.

The Republican Party of the Virgin Islands will strive to prohibit all hidden taxes.

4. Energy

The Republican Party of the Virgin Islands encourages the use of alternative sources of energy from wind, solar, etc... Alternative energy education should be promoted and non-polluting industries should be developed. It is crucial that proper planning be developed that relates to the future energy needs of the Virgin Islands.

5. Federal Relations

As an integral part of the United States, it is imperative that the Virgin Islands achieve the equality guaranteed by the United States Constitution. We consider ourselves fortunate to be citizens of the United States. The Republican Party of the Virgin Islands believes in a closer and more permanent relationship with the United States. The right of Virgin Islanders to vote in national elections for the President and the Vice President of the United States, to have voting representation in Congress, as well as a locally elected Governor, was introduced into the National Platform of the Republican Party in 1960. When voting rights and representation are extended from the local to the national level, the citizens of the Virgin Islands will move towards equal status in the egalitarian society of the United States of America of which we are all so proud.

6. Integrity in Public Office

Illegal or unethical behavior as a public official cannot be countenanced. The authority of government lies in the public trust. Every impropriety or insinuation thereof erodes the people's trust in and the authority of the government. Those who accept public office, whether by election or appointment, must adhere to the highest standards of personal and ethical behavior. Republican office-holders shall serve the

public faithfully and honestly.

7. Governmental Services and Operations

A Republican Administration built decent roads and provided adequate lighting, which has been neglected by subsequent administrations. Good means of communication and a well-planned infrastructure are as basic to efficient government as are the institutional guarantees offered by schools, hospitals, and public safety. Government accountability is impossible to evaluate because Annual Budgets and State of the Territory Reports are constantly postponed, making them valueless as statistical evidence. Periodic review of performance is the best method of ensuring efficiency in government personnel. A merit system and a citizens’ task force made up of private accountants are safeguards recommended to review the manner in which the government spends public funds.

8. Local Government

In keeping with the basic principles of the Republican Party, we believe that government starts with the people, that the more people that are actively involved, the more control there is over government. We also believe in reserving powers for local and/or municipal government, to ensure greater accountability by government to the people they represent. We believe that the best government is the least government, and that government starts at the family, proceeds to the neighborhood and progresses, as a last resort, to a centralized government.

9. Elections

The Republican Party of the Virgin Islands supports more open and transparent elections. The hallmark of a free and democratic society entails a trust in the election system. Voter verifiable certification should become the norm and safeguards should be implemented within the system, so that all elections are fair and accurate.

10. Agriculture and Conservation

We Republicans believe in the development of local agriculture as a viable industry. Incentives in the form of price supports, land grants, and financial assistance programs to individual farmers should receive more support to stimulate this depressed industry. New agricultural techniques applicable to the Virgin Islands should be introduced and implemented. Planning laws should be revised for the proper utilization of our coastal zones, lands and other natural resources.

11. Law and Order

Reforms must be made in our system of criminal justice with the existing state of crisis in the Virgin Islands which denies our citizens freedom from fear. Habitual offenders must be kept off the streets and effectively separated from the society they terrorize. Law enforcement officials must reduce the incidents of domestic violence, rape, homicides and robberies, and bring a sense of security back to the community.

The Republican Party of the Virgin Islands believes in the appointment of judges who will strictly interpret the law. The criminal code should be revised to make it an effective deterrent to crime. Correctional facilities should be improved, with every effort being made to convert the energy dissipated in violence and aggression into productive employment, which in turn will allow wards of the state to repay their debt to society. New technologies should be utilized to resolve unsolved cases, and victims must be compensated by the offender for loss and injury. Prevention programs should be implemented to decrease the number of juvenile offenders.

We of the Republican Party believe that the above-mentioned problems of the criminal justice system must have first priority in governmental reform.

12. National Defense and Homeland Security

We Republicans believe in securing our nation’s boarders and enforcing our nation’s laws. Stiffer penalties should be implemented for human smugglers and illegal immigrants who commit criminal offenses within our nation. Individuals entering the Virgin Islands should do so legally, and illegal entry should be discouraged and promptly punished.

13. Human Services

Virgin Islands Republicans believe that government should be limited to providing services for those who are truly needy, and to those who can not help themselves. Millions of dollars have been wasted in well-meaning but misguided programs. Fraud and abuse have permeated these programs to such a degree that the benefits frequently do not reach the people for whom they are intended.

14. Budget

The Republican Party of the Virgin Islands believes that government must operate within a balanced budget as required by law. We also believe that all citizens in each district should have the right to participate in the budget process, including discussions surrounding the use of federal monies.

Our updated platform was prepared by Representatives of the St. Croix and St. Thomas/St. John Branches of the Republican Party of the Virgin Islands

and approved for adoption by
THE TERRITORIAL COMMITTEE OF THE REPLUBLICAN PARTY OF 'THE VIRGIN ISLANDS

on November 17, 2007.

This is a model draft constitution not necessarily endorsed by the VI Republican Territorial Committee or the VI Federation of Republican Women. It is intended only to provide a framework for interested Virgin Islanders to edit, redact, rewrite, modify, etc. as they may require all or part of the model draft." "Readers of this are encourage to contact delegates with their proposed modification sugestions."

Model Territorial Constitution

PREAMBLE

We, the people of the United States Virgin Islands, recognizing the rights and duties of this territory as a part of the federal system of government, reaffirm our adherence to the Constitution of the United States of America; and in order to assure the territorial government power to act for the good order of the territory and the liberty, health, safety and welfare of the people, we do ordain and establish this constitution.

ARTICLE I

Bill of Rights

Section 1.01. Freedom of Religion, Speech, Press, Assembly and Petition. No law shall be enacted respecting an establishment of religion, or prohibiting the free exercise thereof, or abridging the freedom of speech or of the press, or the right of the people peaceably to assemble and to petition the government for a redress of grievances.

Section 1.02. Due Process and Equal Protection. No person shall be deprived of life, liberty or property without due process of law, nor be denied the equal protection of the laws, nor be denied the enjoyment of his civil rights or be discriminated against in the exercise thereof because of race, national origin, religion or ancestry.

Section 1.03. Searches and Seizures and Interceptions.

(a) The right of the people to be secure in their persons, houses, papers and effects against unreasonable searches and seizures shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched and the persons or things to be seized.

(b) The right of the people to be secure against unreasonable interception of telephone, telegraph and other electronic means of communication, and against unreasonable interception of oral and other communications by electric or electronic methods, shall not be violated, and no orders and warrants for such interceptions shall issue but upon probable cause supported by oath or affirmation that evidence of crime may be thus obtained, and particularly identifying the means of communication and the person or persons whose communications are to be intercepted. Evidence obtained in violation of this section shall not be admissible in any court against any person.

Section 1.04. Self-Incrimination. No person shall be compelled to give testimony which might tend to incriminate him.

Section 1.05. Writ of Habeas Corpus. The privilege of the writ of habeas corpus shall not be suspended unless when in cases of rebellion or invasion the public safety may require it.

Section 1.06. Rights of Accused Persons.

(a) In all criminal prosecutions the accused shall enjoy the right to a speedy and public

trial, to be informed of the nature and cause of the accusation, to be confronted with the

witnesses against him, to have compulsory process for obtaining witnesses in his favor, to have

the assistance of counsel for his defense, and to the assignment of counsel to represent him at

every stage of the proceedings unless he elects to proceed without counsel or is able to obtain

counsel. In prosecutions for felony, the accused shall also enjoy the right of trial by an impartial

jury of the county [or other appropriate political subdivision of the territory] wherein the crime shall have been committed, or of another county, if a change of venue has been granted. (b) All persons shall, before conviction, be bailable by sufficient sureties, but bail may be denied to persons charged with capital offenses or offenses punishable by life imprisonment, giving due weight to the evidence and to the nature and circumstances of the event. Excessive bail shall not be required, nor excessive fines imposed, nor cruel or unusual punishment inflicted. (c) No person shall be twice put in jeopardy for the same offense.

Section 1.07. Political Tests for Public Office. No oath, declaration or political test shall be

required for any public office or employment other than the following oath or affirmation: “I do

solemnly swear [or affirm] that I will support and defend the Constitution of the United States of America and the United States Virgin Islands and that I will faithfully discharge the duties of the office of __________ to the best of my ability.”

ARTICLE II

Powers of the Territorial Government

Section 2.01. Powers of Government. The enumeration in this constitution of specified powers and functions shall be construed neither as a grant nor as a limitation of the powers of the territorial government but the territorial government shall have all of the powers not denied by this constitution or by or under the Constitution of the United States of America.

ARTICLE III

Suffrage and Elections

Section 3.01. Qualifications for Voting. Every citizen of the age of

years and a resident of the territory for three months shall have the right to vote in the election of all officers that may be elected by the people and upon all questions that may be submitted to the voters; but the legislature may by law establish: (1) Minimum periods of local residence not exceeding three months, (2) reasonable requirements to determine literacy in English or in another language predominantly used in the classrooms of any public or private school accredited by any state or territory of the United States, the District of Columbia, or the Commonwealth of Puerto Rico, and (3) disqualifications for voting for mental incompetency or terms of post felony conviction voting right must be provided.

Section 3.02. Legislature to Prescribe for Exercise of Suffrage. The legislature shall by law define residence for voting purposes, insure secrecy in voting and provide for the registration of voters, absentee voting, the administration of elections and the nomination of candidates.

ARTICLE IV

The Legislature

Section 4.01. Legislative Power. The legislative power of the territory shall be vested in the legislature.

Section 4.02. Composition of the Legislature. The legislature shall be composed of a single chamber consisting of one member to represent each legislative district. The number of members shall be prescribed by law but shall not be less than 10 nor exceed 30. Each member of the legislature shall be a qualified voter of the territory and shall be at least 25 years of age.

BICAMERAL ALTERNATIVE: Section 4.02. Composition of the Legislature. The legislature shall be composed of a senate and an assembly. The number of members of each house of the legislature shall be prescribed by law but the number of assemblymen shall not be less than 10 nor exceed 30, and the number of senators shall not exceed one third, as near as may be, the number of assemblymen. Each assemblyman shall represent one assembly district and each senator shall represent one senate district. Each member of the legislature shall be a qualified voter of the United States Virgin Islands and shall be at least 25 years of age.

Section 4.03. Election and Term of Members. The members of the legislature shall be elected by the qualified voters of the territory for a term of two years.

BICAMERAL ALTERNATIVE: Section 4.03. Election and Terms of Members. Assemblymen shall be elected by the qualified voters of the territory for a term of two years and senators for a term of six years. One third of the senators shall be elected every two years.

Section 4.04. Legislative Districts.

(a) For the purpose of electing members of the legislature, the territory shall be divided into as many districts as there shall be members of the legislature. Each district shall consist of compact and contiguous territory. All districts shall be so nearly equal in population that the population of the largest district shall not exceed that of the smallest district by more than ____ percent. In determining the population of each district, inmates of such public or private institutions as prisons or other places of correction, hospitals for the insane or other institutions housing persons who are disqualified from voting by law shall not be counted.

(b) Immediately following each decennial census, the governor shall appoint a board of

____ qualified voters to make recommendations within ninety days of their appointment concerning the redistricting of the territory. The governor shall publish the recommendations of the board when received. The governor shall promulgate a redistricting plan within ninety to one hundred and twenty days after appointment of the board, whether or not it has made its recommendations. The governor shall accompany his plan with a message explaining his reasons for any changes from the recommendations of the board. The governor’s redistricting plan shall be published in the manner provided for acts of the legislature and shall have the force of law

upon such publication. Upon the application of any qualified voter, the Supreme Court, in the exercise of original, exclusive and final jurisdiction, shall review the governor’s redistricting plan and shall have jurisdiction to make orders to amend the plan to comply with the requirements of this constitution or, if the governor has failed to promulgate a redistricting plan within the time provided, to make one or more orders establishing such a plan.

BICAMERAL ALTERNATIVE: Section 4.04. Legislative Districts.

(a) For the purpose of electing members of the assembly, the territory shall be divided into as many districts as there shall be members of the assembly. Each district shall consist of compact and contiguous territory. All districts shall be so nearly equal in population that the district with the greatest population shall not exceed the district with the least population by more than __ percent. In determining the population of each district, inmates of such public or private institutions as prisons or other places of correction, hospitals for the insane or other institutions lousing persons who are disqualified from voting by law shall not be counted.

(b) For the purpose of electing members of the senate, the territory shall be divided into as many districts as there shall be members of the senate. Each senate district shall consist of a compact and contiguous territory. All districts shall be so nearly equal in population that the district with the greatest population shall not exceed the district with the least population by more than 3 percent. In determining the population of each district, inmates of such public or private institutions as prisons or other places of correction, hospitals for the insane or other institutions housing persons who are disqualified from voting by law shall not be counted.

(c) Immediately following each decennial census, the governor shall appoint a board of redistricting among qualified voters to make recommendations within ninety days of their appointment concerning the redistricting of the territory. The governor shall publish the recommendations of the board when received. The governor shall promulgate a redistricting plan within ninety to one hundred and twenty days after appointment of the board, whether or not it has made its recommendations. The governor shall accompany his plan with a message explaining his reasons for any charges from the recommendations of the board. The governor’s redistricting plan shall be published in the manner provided for acts of the legislature and shall have the force of law upon such publication. Upon the application of any qualified voter, the supreme court, in the exercise of original, exclusive and final jurisdiction, shall review the governor’s redistricting plan and shall have jurisdiction to make orders to amend the plan to comply with the requirements of this constitution or, if the governor has failed to promulgate a redistricting plan within the time provided, to make one or more orders establishing such a plan.

Section 4.05. Time of Election. Members of the legislature shall be elected at the regular election in each odd numbered year.

Section 4.06. Vacancies. When a vacancy occurs in the legislature it shall be filled as provided by law.

Section 4.07. Compensation of Members. The members of the legislature shall receive an annual salary and such allowances as may be prescribed by law but any increase or decrease in the amount thereof shall not apply to the legislature which enacted the same.

Section 4.08. Sessions. The legislature shall be a continuous body during the term for which its members are elected. It shall meet in regular sessions annually as provided by law. It may be convened at other times by the governor or, at the written request of a majority of the members, by the presiding officer of the legislature.

BICAMERAL ALTERNATIVE: Section 4.08. Sessions. The legislature shall be a continuous body during the term for which members of the assembly are elected. The legislature shall meet in regular sessions annually as provided by law. It may be convened at other times by the governor or, at the written request of a majority of the members of each house, by the presiding officers of both houses.

Section 4.09. Organization and Procedure. The legislature shall be the final judge of the election and qualifications of its members and may by law vest in the courts the trial and determination of contested elections of members. It shall choose its presiding officer from among its members and it shall employ a secretary to serve for an indefinite term. It shall determine its rules of procedure; it may compel the attendance of absent members, discipline its members and, with the concurrence of two thirds of all the members, expel a member, and it shall have power to compel the attendance and testimony of witnesses and the production of books and papers either before the legislature as a whole or before any committee thereof. The secretary of the legislature shall be its chief fiscal, administrative and personnel officer and shall perform such duties as the legislature may prescribe.

BICAMERAL ALTERNATIVE: Section 4.09. Organization and Procedure. Each house of the legislature shall be the final judge of the election and qualifications of its members and the legislature may by law vest in the courts the trial and determination of contested elections of members. Each house of the legislature shall choose its presiding officer from among its members and it shall employ a secretary to serve for an indefinite term, and each house shall determine its rules of procedure; it may compel the attendance of absent members, discipline its members and, with the concurrence of two thirds of all the members, expel a member, and it shall have power to compel the attendance and testimony of witnesses and the production of books and papers either before such house of the legislature as a whole or before any committee thereof. The secretary of each house of the legislature shall be its chief fiscal, administrative and personnel officer and shall perform such duties as each such house of the legislature may prescribe.

Section 4.10. Legislative Immunity. For any speech or debate in the legislature, the members shall not be‘ questioned in any other place.

Section 4.11. Special Legislation. The legislature shall pass no special or local act when a general act is or can be made applicable, and whether a general act is or can be made applicable shall be a matter for judicial determination.

Section 4.12. Transaction of Business. A majority of all the members of the legislature shall constitute a quorum to do business but a smaller number may adjourn from day to day and compel the attendance of absent members. The legislature shall keep a journal of its proceedings which shall be published from day to day. The legislature shall prescribe the methods of voting on legislative matters but a record vote, with the yeas and nays entered in the journal, shall be taken on any question on the demand of one fifth of the members present.

BICAMERAL ALTERNATIVE: Section 4.12. Transaction of Business. Refer to “each house of the legislature” instead of “the legislature” wherever appropriate.

Section 4.13. Committees. The legislature may establish such committees as it may deem necessary for the conduct of its business. When a committee to which a bill has been assigned has not reported on it, one third of all the members of the legislature shall have power to relieve it of further consideration. Adequate public notice of all committee hearings, with a clear statement of all subjects to be considered at each hearing, shall be published in advance.

BICAMERAL ALTERNATIVE: Section 4.13. Committees. Refer to “each house of the legislature” instead of “the legislature,” wherever appropriate.

Section 4.14. Bills; Single Subject. The legislature shall enact no law except by bill and every bill except bills for appropriations and bills for the codification, revision or rearrangement of existing laws shall be confined to one subject. All appropriation bills shall be limited to the subject of appropriations. Legislative compliance with the requirements of this section is a constitutional responsibility not subject to judicial review.

Section 4.15. Passage of Bills. No bill shall become a law unless it has been printed and upon the desks of the members in final form at least three days prior to final passage and the majority of all the members has assented to it. The yeas and nays on final passage shall be entered in the journal. The legislature shall provide for the publication of all acts and no act shall become effective until published as provided by law.

BICAMERAL ALTERNATIVE: Section 4.15. Passage of Bills. Refer to “each house of the legislature” instead of “the legislature” wherever appropriate.

Section 4.16. Action by the Governor.

(a) When a bill has passed the legislature, it shall be presented to the governor and, if the

legislature is in session, it shall become law if the governor either signs or fails to veto it within

fifteen days of presentation. If the legislature is in recess or, if the session of the legislature has

expired during such fifteen day period, it shall become law if he signs it within thirty days after

such adjournment or expiration. If the governor does not approve a bill, lie shall veto it and

return it to the legislature either within fifteen days of presentation if the legislature is in session

or upon the reconvening of the legislature from its recess. Any bill so returned by the governor shall be reconsidered by the legislature and, if upon reconsideration two thirds of all the members shall agree to pass the bill, it shall become law.

(b) The governor may strike out or reduce items in appropriation bills passed by the legislature and the procedure in such cases shall be the same as in case of the disapproval of an entire bill by the governor.

BICAMERAL ALTERNATIVE: Section 4.16. Action by the Governor. Refer to “each house of the legislature” instead of “the legislature” wherever appropriate.

Section 4.17. Post Audit. The legislature shall appoint an auditor to serve at its pleasure. The auditor shall conduct post audits as prescribed by law and shall report to the legislature and to the governor.

BICAMERAL ALTERNATIVE: Section 4.17. Post Audit. The legislature shall, by joint resolution, appoint ....

Section 4.18. Impeachment. The legislature may impeach the governor, the heads of principal departments, judicial officers and such other officers of the territory as may be made subject to impeachment by law, by a two thirds vote of all the members, and shall provide by law procedures for the trial and removal from office, after conviction, of officers so impeached. No officer shall be convicted on impeachment by a vote of less than two thirds of the members of the tribunal hearing the charges.

BICAMERAL ALTERNATIVE: Section 4.18. Impeachment. Refer to “by a two thirds vote of all the members of each house.”

ARTICLE V

The Executive

Section 5.01. Executive Power. The executive power of the territory shall be vested in a governor.

Section 5.02. Election and Qualifications of Governor. The governor shall be elected, at the regular election every other odd numbered year, by the direct vote of the people, for a term of four years beginning on the first day of [December] [January] next following his election. Any qualified voter of the territory who is at least _______ years of age shall be eligible to the office of governor.

Section 5.03. Governor’s Messages to the Legislature. The governor shall, at the beginning of each session, and may, at other times, give to the legislature information as to the affairs of the territory and recommend measures lie considers necessary or desirable.

Section 5.04. Executive and Administrative Powers.

(a) The governor shall be responsible for the faithful execution of the laws. He may, by

appropriate action or proceeding brought in the name of the territory, enforce compliance with any

constitutional or legislative mandate, or restrain violation of any constitutional or legislative

power, duty or right by an officer, department or agency of the territory or any of its civil divisions. This authority shall not authorize any action or proceeding against the legislature.

(b) The governor shall commission all officers of the territory. He may at any time require information, in writing or otherwise, from the officers of any administrative department, office or agency upon any subject relating to the respective offices. He shall be commander in chief of the armed forces of the territory, except when they shall be called into the service of the United States, and may call them out to execute the laws, to preserve order, to suppress insurrection or to repel invasion.

Section 5.05. Executive Clemency. The governor shall have power to grant reprieves, commutations and pardons, after conviction, for all offenses and may delegate such powers, subject to such procedures as may be prescribed by law.

Section 5.06. Administrative Departments. All executive and administrative offices, agencies and instrumentalities of the territorial government, and their respective functions, powers and duties, shall be allocated by law among and within not more than twenty principal departments so as to group them as far as practicable according to major purposes. Regulatory, quasi-judicial and temporary agencies established by law may, but need not, be allocated within a principal department. The legislature shall by law prescribe the functions, powers and duties of the principal departments and of all other agencies of the territory and may from time to time reallocate offices, agencies and instrumentalities among the principal departments, may increase, modify, diminish or change their functions, powers and duties and may assign new functions, powers and duties to them; but the governor may make such changes in the allocation of offices, agencies and instrumentalities, and in the allocation of such functions, powers and duties, as he considers necessary for efficient administration. If such changes affect existing law, they shall be set forth in executive orders, which shall be submitted to the legislature while it is in session, and shall become effective, and shall have the force of law, sixty days after submission, or at the close of the session, whichever is sooner, unless specifically modified or disapproved by a resolution concurred in by a majority of all the members.

BICAMERAL ALTERNATIVE: Section 5.06. Administrative Departments. Change the last phrase to read “majority of all the members of each house.”

Section 5.07. Executive Officers; Appointment. The governor shall appoint and may remove the heads of all administrative departments. All others officers in the administrative service of the territory shall be appointed and may be removed as provided by law.

Section 5.08. Succession to Governorship.

(a) If the governor elect fails to assume office for any reason, the presiding officer of the legislature shall serve as acting governor until a governor elect qualifies and assumes office or, if the governor elect does not assume office within six months, until the unexpired term has been filled by special election and the newly elected governor has qualified. If, at the time the presiding officer of the legislature is to assume the acting governorship, the legislature has not yet organized and elected a presiding officer, the outgoing governor shall hold over until the presiding officer of the legislature is elected.

(b) When the governor is unable to discharge the duties of his office by reason of

impeachment or other disability, including but not limited to physical or mental disability, or

when the duties of the office are not being discharged by reason of his continuous absence, the

presiding officer of the legislature shall serve as acting governor until the governor’s disability or

absence terminates. If the governor’s disability or absence does not terminate within six months, the office of the governor shall be vacant.

© When, for any reason, a vacancy occurs in the office of the governor, the unexpired term shall be filled by special election except ‘when such unexpired term is less than one year, in which event the presiding officer of the legislature shall succeed to the office for the remainder of the term. When a vacancy in the office of the governor is filled by special election, the presiding officer of the legislature shall serve as acting governor from the occurrence of the vacancy until the newly elected governor has qualified. When the presiding officer of the legislature succeeds to the office of governor, he shall have the title, powers, duties and emoluments of that office and, when he serves as acting governor, he shall have the powers and duties thereof and shall receive such compensation as the legislature shall provide by law.

(d) The legislature shall provide by law for special elections to fill vacancies in the office of the governor.

(e) The supreme court shall have original, exclusive and final jurisdiction to determine absence and disability of the governor or governor elect and to determine the existence of a vacancy in the office of governor and all questions concerning succession to the office or to its powers and duties.

BICAMERAL ALTERNATIVE: Section 5.08. Succession to Governorship. For “presiding officer of the legislature” substitute “presiding officer of the senate.”