Eligibility of government personnel for public office

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Persons employed in the legislative, executive or judicial branches of the Government of the United States Virgin Islands shall be eligible for nomination as candidates for public office but any such person who becomes a candidate for public office shall be granted and shall take a leave of absence from his governmental duties from the date of the filing of his nomination petition or paper until the date of the ensuing general election, unless the person is a candidate at a primary election who fails to be nominated, in which case the person's leave of absence may terminate immediately after the primary. Persons becoming candidates may use accrued annual leave in taking such leave of absence. Persons who have no accrued annual leave shall take leave without pay but without prejudice to seniority or other employment rights. This section does not apply to Government employees who become candidates for party offices or serve as party officers, to candidates for the Board of Education, or candidates for the Board of Elections for the Virgin Islands, as provided for under section 41 of chapter 3 of this title, except that no employee or official of the office of the Supervisor of Elections and no employee of a Board of Elections may be a candidate for a Board of Elections without taking leave as required by this section, and if elected, may not serve as an employee or official, as the case may be, during his incumbency. Persons becoming candidates may use accrued or accumulated annual leave or sick leave in taking such leave of absence, however, sick leave may not be used in the absence of such certification of sickness as is required by the Government pursuant to Title 3, section 583, subsection (b) of the Code. Persons taking such leave of absence who have no accrued or accumulated annual leave shall do so without pay but without prejudice to seniority or other employment rights. This section shall not apply to Government employees becoming candidates for party offices or serving as party officers, to candidates for the Virgin Islands Board of Education, as provided for under section 97 of Title 3 of the Virgin Islands Code, or candidates for the Board of Elections for the Virgin Islands, as provided for under section 41 of Title 18 of such Code, except that no employee or official of the Department of Education and no employee of the Board of Education may be a candidate for the Board of Education and no employee or official of the office of the Supervisor of Elections and no employee of a board of election may be a candidate for a board of elections without taking leave as required by this section; and if elected may not serve as an employee or official, as the case may be during his incumbency. No member of a Board of Elections may be a candidate for any other public office during the term for which the member was elected. Any member of a Board of Election must resign his position on the board as a condition of seeking any other public office.


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