Short Title
(a) This Act may be cited and referred to as the “Executive Succession Act of 1972”.
Temporary Absence or Disability
(b) Except as provided in subsection (d) in the event of temporary absence or disability of both the Governor and the Lieutenant Governor, the powers of the office of Governor shall devolve upon the person occupying the office listed in this subsection, who is physically present within the Virgin Islands of the United States, in the following order:
1. The Commissioner of Finance
2. The Attorney General
3. The Director of the Office of Management and Budget
4. The Commissioner of Education
5. The Commissioner of Public Works
6. The Commissioner of Housing, Parks and Recreation
7. The Police Commissioner
8. Such other official or employee of the Government of the United States Virgin Islands as may be designated by resolution enacted by the Legislature of the Virgin Islands.
Permanent Vacancy
(c) Except as provided in subsection (d) in the event of a permanent vacancy in the offices of both Governor and Lieutenant Governor, the powers of the Governor shall be exercised by an Acting Governor, who shall be the person physically present in the Virgin Islands of the United States in the order set forth as follows:
1. The President of the Legislature
2. The Vice President of the Legislature
3. The Commissioner of Finance
4. The Attorney General
5. The Director of the Office of Management and Budget
6. The Commissioner of Education
7. The Commissioner of Public Works
8. The Commissioner of Housing, Parks and Recreation
9. The Police Commissioner
10. Such other official or employee of the Government of the United States Virgin Islands as may be designated by resolution enacted by the Legislature of the Virgin Islands.
(1) In the event such vacancies occur fewer than 160 days prior to the next general election, the offices of Governor and Lieutenant Governor shall be filled at the next general election for the unexpired term, if any, in the same manner as prescribed by the laws of the Virgin Islands for the regular election of the Governor and Lieutenant Governor; however, the successful candidates shall assume the offices of Governor and Lieutenant Governor immediately upon the certification of their election in the manner prescribed by law.
(2) In the event such vacancies occur more than 160 days prior to the next general election, the offices of Governor and Lieutenant Governor shall be filled at a special election to be held within 60 days from the date such vacancies occur at the call of the Acting Governor. Candidates for Governor and Lieutenant Governor in such special election shall be nominated in a manner provided by the party rules or bylaws of the qualified political parties of the Virgin Islands or by nominating petition, which petition shall conform to the requirements of section 381 of Title 18 of the Code.
(d) The powers of the Office of the Governor may not devolve upon any person temporarily assigned to the executive branch pursuant to section 451b of this title, or assigned pursuant to any other intergovernmental, temporary personnel exchange program.