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Title 48 — Territories and Insular Possessions

Chapter 16 — Delegates to Congress

§ 1712. Election of delegates; majority; runoff election; vacancy; commencement of term

Statutory text

(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.

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

  1. Pub. L. 92–271 § 2 · 86 Stat. 118

    Enacted · 48 U.S.C. § 1712

    Pub. L. 92–271, § 2, Apr. 10, 1972, 86 Stat. 119

    Source evidence

    Code source credit
    Pub. L. 92–271, § 2, Apr. 10, 1972, 86 Stat. 119

    Enacted provision · exact public law section
    Sec. 2. (a) The Delegate shall be elected by the people qualified to Election. 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 shall be elected at large, by separate ballot 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 Vacancy. 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.

  2. An Act to provide that the unincorporated territories of Guam and the Virgin Islands shall each be represented in Congress by a Delegate to the House of Representatives

    Pub. L. 105–209 § 1 · 112 Stat. 880

    1. Inserted · 48 U.S.C. § 1712(a)

      Pub. L. 105–209 inserted “from the Virgin Islands” before “shall be elected at large”

    2. Inserted · 48 U.S.C. § 1712(a)

      Pub. L. 105–209 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”

    Source evidence

    Code amendment note
    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”.

    Enacted provision · exact public law section
    SECTION 1. BALLOT REQUIREMENT FOR DELEGATE. Section 2(a) of the Act entitled “An Act to provide that the unincorporated territories of Guam and the Virgin Islands shall each be represented in Congress by a Delegate to the House of Representatives” approved April 10, 1972 (48 U.S.C. 1712(a)), is amended— (1) by inserting “from the Virgin Islands” before “shall be elected at large”; and (2) by inserting “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”.

3 of 3 references resolved to an enrolled provision

Editorial Notes

Amendments

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”.

Credits

1972–1998 · 2 acts
  1. 1972Pub. L. 92–271, § 2, , 86 Stat. 119
  2. 1998Pub. L. 105–209, § 1, , 112 Stat. 880.
Show as published

(Pub. L. 92–271, § 2, , 86 Stat. 119; Pub. L. 105–209, § 1, , 112 Stat. 880.)

Parsed from the official OLRC USLM XML in data/usc_all/usc48.xml · release point 119-108 · OLRC build 2026-04-17

USLM identifier /us/usc/t48/s1712