It is commonly spoken of as a practice of dual citizenship holders (inclusive of holders of belonger status) of the British Virgin Islands and the United States Virgin Islands to participate in a sort of “Voter Tourism” between the two territories.
Whereby an individual will register to vote in both territories and act on that registration by travelling to the territory where they do not reside, in time of election, in order to cast their vote.
While it is a known practice, is it legal?
The answer depends on which territory’s legal system upon which it is based.
USVI Board of Elections Member for St Thomas – St John Ms Harriet Mercer spoke candidly on the issue during a recent interview with our news desk.
In the BVI, the constitution outlines a qualified voter as a person belonging to the Virgin Islands, domiciled and resident in the Virgin Islands or domiciled in the Virgin Islands while being resident of the United States Virgin Islands, who is above the age of 18 on the qualifying date.
Section 14 of the Elections Act speaks specifically to the ability of USVI Residents to apply as voters in the BVI, and advises that they apply to the Supervisor of Elections and will be added to the preliminary voter list should the Supervisor of Elections be satisfied that the applicant had provided evidence that they are qualified to vote in the BVI.
However, the existing laws in the United States Virgin Islands suggest that it is illegal for USVI voters to participate in BVI Elections, and vice versa.
Not only does the law within the Virgin Islands Code state that USVI residency is a mandatory qualification for electors.
What about Absentee Voting?
While the exceptions facilitated by absentee voting, which allows citizens living temporarily or permanently outside of the USVI to participate in voting, they also require that voters swear under penalty of perjury that they are “not registered, requesting a ballot or voting in any jurisdiction in the U.S or foreign country”.
Therefore, active voters in the BVI would be unqualified to vote in the USVI, even under Absentee Voting.
Under USVI law, persons who willfully vote in a USVI Election despite being unqualified under law are committing the act of Illegal Voting.
The Virgin Islands Code speaks to Illegal Voting as follows:
