91ST CONGRESS 1st Session

SENATE

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REPORT No. 91-497

AMENDING SECTION 4 OF THE REVISED ORGANIC ACT OF THE VIRGIN ISLANDS RELATING TO VOTING AGE

OCTOBER 23, 1969.-Ordered to be printed

Mr. JACKSON, from the Committee on Interior and Insular Affairs, submitted the following

REPORT

[To accompany S. 2314]

The Committee on Interior and Insular Affairs, to which was referred the bill (S. 2314) to amend section 4 of the Revised Organic Act of the Virgin Islands relating to voting age, having considered the same, reports favorably thereon with amendment(s) and recommends that the bill (as amended) do pass.

The amendments are as follows:

On page 1, lines 9 and 10, strike the words "at an age lower than that prescribed in subsection (a) of this section." and insert the words "at an age not lower than 18 years of age,".

On page 1, line 11, strike the words "a reduction in such voting age".

PURPOSE

The purpose of S. 2314 is to amend the Revised Organic Act of the Virgin Islands to authorize the legislature of the Virgin Islands to lower the voting to an age less than 21 years if the majority of the voters in the Virgin Islands approve a reduction in such voting age in a referendum election held for that purpose.

NEED

Section 4 of the Revised Organic Act of the Virgin Islands now prescribes that the franchise shall be vested in residents of the Virgin Islands who are citizens of the United States and who are 21 years of age or over.

Since enactment of the Revised Organic Act of 1954, the legislative power and authority of the Virgin Islands has been vested in a unicameral legislature with authority over "all rightful subjects of legis

lation" not inconsistent with the laws of the United States made applicable to the Virgin Islands. The legislature of the Virgin Islands has exercised this authority in a proper manner and in the tradition of free legislatures everywhere. By legislation enacted in 1968 (Public Law 90-496), the people of the Virgin Islands will elect their own Governor in November 1970. Enactment of S. 2314 would provide another significant step in the direction of local self-government for the Virgin Islands.

The introduction of this legislation was a direct result of a request from the Legislature of the Virgin Islands, contained in Resolution No. 443, which reads as follows:

Resolution No. 443

Bill No. 3985

EIGHTH LEGISLATURE OF THE VIRGIN ISLANDS OF THE
UNITED STATES

Regular Session

1969

To Petition the Ninety-First Congress of the United States of America to Amend Certain Provisions of the Revised Organic Act of the Virgin Islands, Pertaining to the Voting Franchise

Whereas the Revised Organic Act of the Virgin Islands now provides that the franchise shall be vested in residents of the Virgin Islands who are citizens of the United States, twenty-one years of age or over; and

Whereas it is the determination of the Legislature that the People of the Virgin Islands should have the requisite power to determine the voting age for exercise of the franchise within the Virgin Islands; and that the many young citizens of the Virgin Islands should be granted the right to a meaningful expression of their views through positive participation in the democratic process; and

Whereas the Congress of the United States has recently
expressed its confidence in the maturity and responsibility
of the People of the Virgin Islands by its passage of the
Virgin Islands Elective Governor Act; and

Whereas in recent years a number of States of the United
States have lowered voting age requirements; and

Whereas it is the further determination of the Legislature
that the young men and women of the Virgin Islands are
educated for citizenship and are ready and willing to assume
the rights and responsibilities of full citizenship prior to
attaining the arbitrary age of twenty-one; that many of
these young adults are married and assume family responsi-
bilities; are gainfully employed and support their government
through tax payments; and that they serve honorably in our
military forces; Now, Therefore, be it

Resolved by the Legislature of the Virgin Islands, That the
Legislature respectfully petitions the Congress of the United

S. Rept. 91-497

States of America to adopt an amendment to the Revised
Organic Act of the Virgin Islands providing that the Legisla-
ture of the Virgin Islands may lower the voting age in the
Virgin Islands after approval by the majority of the Virgin
Islands' electorate in a general referendum; and be it further

Resolved, That copies of this Resolution be transmitted to
the President of the United States, to the Secretary of the
United States Department of the Interior, to the Presiding
Officer of the Senate of the United States, to the Speaker of
the House of Representatives of the United States, to the
Chairman of the Committee on Interior and Insular Affairs
of the Senate of the United States, to each member of said
Committee, to the Chairman of the Committee on Interior
and Insular Affairs of the House of Representatives of the
United States, and to each member of said Committee.

Thus passed by the Legislature of the Virgin Islands on
March 5, 1969.

Witness our Hands and the Seal of the Legislature of the
Virgin Islands this 5th Day of March, A. D., 1969.

JOHN L. MADURO, President.

A. DAVID PURITZ, Legislative Secretary.

It is believed that the power to establish the voting age of local residents should properly reside with the Legislature of the Virgin Islands. As is well known, every State has the authority to establish the age for voting either by direct legislation or by amendment of the State constitution. The committee also notes that the Organic Act for the Territory of Guam does not restrict the Guam Legislature from acting in this area. In fact, the Legislature of Guam has established 18 years as the minimum age for voting.

Enactment of S. 2314 will afford the people of the Virgin Islands the opportunity to express themselves on the matter of age as a prerequisite to exercising the franchise.

AMENDMENTS

The committee has modified the language of the bill to provide that the Virgin Islands legislature shall have authority to enact legislation establishing the voting age for residents at an age not lower than 18 years of age if a majority of the voters approve in a referendum. held for that purpose.

COST

Enactment of this bill will involve no Federal expenditure of funds.

S. Rept. 91-497

DEPARTMENTAL REPORTS

The favorable reports of the Department of the Interior, the Department of Justice, and the Bureau of the Budget are set forth below:

U.S. DEPARTMENT OF THE INTERIOR,

Hon. HENRY M. JACKSON,

OFFICE OF THE SECRETARY, Washington, D.C., September 30, 1969.

Chairman, Committee on Interior and Insular Affairs,
U.S. Senate, Washington, D.C.

DEAR MR. CHAIRMAN: This is in response to your request for the views of this Department on S. 2314, a bill "To amend section 4 of the Revised Organic Act of the Virgin Islands relating to voting age.' We strongly recommend the enactment of this bill.

This bill authorizes the legislature of the Virgin Islands to establish a voting age for residents of the Virgin Islands at an age lower than the 21 years now prescribed in section 4 of the Revised Organic Act of the Virgin Islands. The change in the voting age could be made only if a majority of the qualified voters of the Virgin Islands approved the reduction in voting age in a referendum election held for such purpose.

The Congress of the United States has recognized the political maturity of the people of the Virgin Islands by the enactment of measures which have given the Virgin Islands and its people increased local autonomy. At present, the Virgin Islanders elect their legislature and have demonstrated their ability to do so in a most responsible manner over the past few years. In 1970, the recently enacted Elective Governor Act will become effective and the residents of the Virgin Islands will inaugurate their first locally elected Governor.

This is as it should be, since the right to self-government is the cornerstone of every true democracy. Basic, however, to this right of self-government is the ability of the citizens to set the qualifications for voting. In keeping with this concept, we believe that the residents of the Virgin Islands-who are also citizens of the United States-should be afforded the opportunity to lower the age for voting if, in their judgment, it is in the best interest of the Virgin Islands.

The Bureau of the Budget has advised that there is no objection to the presentation of this report from the standpoint of the administration's program.

Sincerely yours,

RUSSELL E. TRAIN, Under Secretary of the Interior.

U.S. DEPARTMENT OF JUSTICE,

OFFICE OF THE DEPUTY ATTORNEY GENERAL,

Hon HENRY M. JACKSON,

Washington, D.C., October 3, 1969.

Chairman, Committee on Interior and Insular Affairs,
U.S. Senate, Washington, D.C.

DEAR SENATOR: This is in response to your request for the views of the Department of Justice on S. 2314, a bill "To amend section 4 of the Revised Organic Act of the Virgin Islands relating to voting age."

S. Rept. 91-497