U.S. Code » Title 48 » Chapter CHAPTER 16— DELEGATES TO CONGRESS › Subchapter SUBCHAPTER I— GUAM AND VIRGIN ISLANDS

48 U.S.C. § 1712

Election of delegates; majority; runoff election; vacancy; commencement of term

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(a) The Delegate shall be elected by the people qualified to vote for the members of the legislature of the territory he is to represent at the general election of 1972, and thereafter at such general election every second year thereafter. The Delegate from the Virgin Islands shall be elected at large, by separate ballot and by a majority of the votes cast for the office of Delegate. The Delegate from Guam shall be elected at large and by a majority of the votes cast for the office of Delegate. If no candidate receives such majority, on the fourteenth day following such election a runoff election shall be held between the candidates receiving the highest and the second highest number of votes cast for the office of Delegate. In case of a permanent vacancy in the office of Delegate, by reason of death, resignation, or permanent disability, the office of Delegate shall remain vacant until a successor shall have been elected and qualified.(b) The term of the Delegate shall commence on the third day of January following the date of the election.(Pub. L. 92–271, § 2, Apr. 10, 1972, 86 Stat. 119; Pub. L. 105–209, § 1, July 29, 1998, 112 Stat. 880.)Editorial NotesAmendments

1998—Subsec. (a). Pub. L. 105–209 inserted “from the Virgin Islands” before “shall be elected at large” and inserted “The Delegate from Guam shall be elected at large and by a majority of the votes cast for the office of Delegate.” before “If no candidate receives such majority”.

Notes of Decisions
Cited in 4 cases, 1999–2018 · leading case: Gutierrez v. Ada, 528 U.S. 250 (2000).
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Gutierrez v. Ada, 528 U.S. 250 (2000). · cites it 2× “The Court of Appeals also relied on a comparison of § 1422 with *254 48 U. S. C. § 1712 , which provides that a candidate for Guam’s Delegate to Congress must receive “a majority of the votes cast for the office of Delegate” in order to be elected.”
Ada v. Gov't of Guam, 179 F.3d 672 (9th Cir. 1999). · cites it 2× “5 Our interpretation is buttressed by a comparison of § 1422 to 48 U.S.C. § 1712 , which provides for the election of a delegate from Guam to the United States Congress.”
Baber v. Dunlap, 376 F. Supp. 3d 125 (D. Me. 2018). “, in which Congress prescribed the majority standard and run-offs when needed in gubernatorial races in the territory of Guam); 48 U.S.C. § 1712 (specifying that delegates to Congress from Guam and the Virgin Islands must be elected by a majority of the votes cast); 48 U.”
Bryan v. Fawkes, 62 V.I. 19 (2014). “48 U.S.C. § 1712 . On August 2, 2014, the first Saturday in August, the Virgin Islands will hold a primary election for the position of Delegate to Congress.”
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