Elections in the British Virgin Islands

Qualifications to be elected as a member of the House of Assembly are now regulated by article 65 of the Constitution. Broadly speaking this requires that the candidate must be a second generation Belonger, and must either be domiciled in the British Virgin Islands or have completed a period of residence.

In order to be elected as a member of the House, a person must either be a Virgin Islander (as defined) over the age of 21, and otherwise qualified to vote in the Territory. For these purposes a "Virgin Islander" means a Belonger who is either:[2]

1. a person who was born in the British Virgin Islands to a mother or father who was a British Overseas Territories Citizen (by birth or descent);
2. a person who was born in the British Virgin Islands to a mother or father who was also a Belonger (by birth or descent); or
3. a person who was born outside of the British Virgin Islands to a mother or father who was also a Belonger (by birth or descent) provided that one of his or grandparents also belonged to the British Virgin Islands by birth.

A person may also be qualified to stand for election if they were qualified to stand in the 2007 general election under the previous Constitution, regardless of whether or not they have previously stood for election.[3]

However, a person is disqualified from being elected (regardless of where they are born) if they are not domiciled in the British Virgin Islands unless:

1. in the case of a person who has never been domiciled in the British Virgin Islands, they have resided in the Territory for at least 5 years immediately before the date of their nomination for election; or
2. in the case of a person who was formerly domiciled in the British Virgin Islands, but have lived outside of the Territory for at least 10 years, they have resided in the Territory for at least 3 years immediately before the date of their nomination for election.

A person is disqualified from being elected as a member of the House if:[4]

1. they hold any public office;
2. they are declared bankrupt in any country;
3. they are adjudged to be of unsound mind in any country;
4. a sentence of death has been imposed upon them, or if they have served a term of imprisonment of at least 12 months within the previous five years;
5. they are disqualified or suspended under the laws of the British Virgin Islands relating to elections offences; or
6. they are a party to, or a partner in a firm, or director or manager of company, with any contract with the Government for a public service (unless they have published a notice in the Gazette or other British Virgin Islands newspaper disclosing the nature of the contract and their interest).

Qualifications to be registered as a voter in the British Virgin Islands are now regulated by article 68 of the Constitution. A person is qualified to vote if they are a Belonger aged 18 or older, and are either resident in the British Virgin Islands or are domiciled in the British Virgin Islands and resident in the United States Virgin Islands.

However a person is disqualified from voting if:

1. they are adjudged to be of unsound mind under British Virgin Islands law;
2. a sentence of death has been imposed upon them, or if they are serving a term of imprisonment of at least 12 months; or
3. they are disqualified or suspended under the laws of the British Virgin Islands relating to elections offences.

There are presently three active political parties in the British Virgin Islands as of April 2022:

1. The present ruling party is the Virgin Islands Party, led by Premier Andrew Fahie.
2. The present main opposition party National Democratic Party (led by Marlon A Penn).
3. The newly formed People's Empowerment Party (which has never held power), led by Alvin Christopher.

There are a number of former political parties in the British Virgin Islands, but only four have ever succeeded in having a candidate elected to the legislature:

1. The United Party (originally called the BVI United Party), which won general election victories in 1967, 1975 and 1983. Defunct since approximately 2005 by-election.
2. VI Democratic Party, which won the 1971 general election (together with Willard Wheatley (Ind)). Contested each general election from 1967 to 1979 except for 1975. Defunct since 1979.
3. People's Own Party. Only contested the 1967 general election, winning one seat (Isaac Fonseca) in a seven-seat legislature. Defunct since at least 1971.
4. Independent People's Movement. Put forward two candidates in the 1990 general election; one was elected (Omar Hodge). No other electoral appearances. Defunct shortly after formation.

Prior to 1967 elections were held on a non-party basis. Relatively few records survive in relation to these early elections, and it is possible that they were conducted by straw poll or show of hands rather than by ballot.

In 1950 four legislators were elected to the Legislative Council on a Territory-wide basis. The inaugural legislative council included four elected members: Isaac Glanville Fonseca, Howard R. Penn MBE, Carlton L.E. deCastro and John Charles Brudenell-Bruce MBE.

In 1953 the number of legislators was increased to six, and elections were conducted on the basis of territorial constituencies (with Road Town electing two legislators).

In 1967 Ministerial government was introduced into the British Virgin Islands, and candidates organised themselves into political parties. The results of the party contested general elections were as follows:

There have been three recorded by-elections in the British Virgin Islands to date: the first in 1977 following the death of Austin Henley (VIDP - 2nd District), the second in 1995 following the death of Lavity Stoutt (VIP - 1st District), and the third in 2005 following the death of Paul Wattley (NDP - At-large). In each case except the first the party which had won the seat originally held the seat at the by-election.

Two further by-election were expected but not held. One following the death of the Delores Christopher, but because of the proximity to the 2019 general election it was decided to bring forward the date of the general election instead, and not hold a separate by-election.[13] The second was when Andrew Fahie resigned his seat,[14] and again it was decided not to hold a separate by-election because of the upcoming 2023 general election.