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TERRITORIES AND INSULAR POSSESSIONS CHAPTER 16-DELEGATES TO CONGRESS

§§ 1711–1757 · 17 sections

Compiled from an official source version. Later amendments or repeals may not be reflected; the official text prevails.

SUBCHAPTER I-GUAM AND VIRGIN ISLANDS

Delegate to House of Representatives from Guam and Virgin Islands

§ 1711

The territory of Guam and the territory of the Virgin Islands each shall be represented in the United States Congress by a nonvoting Delegate to the House of Representatives, elected as hereinafter provided.

Election of delegates; majority; runoff election; vacancy; commencement of term

§ 1712

(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.

Qualifications for Office of Delegate

§ 1713

To be eligible for the Office of Delegate a candidate must— (a) be at least twenty-five years of age on the date of the election, (b) have been a citizen of the United States for at least seven years prior to the date of the election, (c) be an inhabitant of the territory from which he is elected, and (d) not be, on the date of the election, a candidate for any other office.

Territorial legislature; determination of election procedure

§ 1714

The legislature of each territory may determine the order of names on the ballot for election of Delegate, the method by which a special election to fill a vacancy in the office of Delegate shall be conducted, the method by which ties between candidates for the office of Delegate shall be resolved, and all other matters of local application pertaining to the election and the office of Delegate not otherwise expressly provided for herein.

Operation of Office; House privileges; compensation, allowances, and benefits; privileges and immunities; voting in committee

§ 1715

The Delegate from Guam and the Delegate from the Virgin Islands shall have such privileges in the House of Representatives as may be afforded him under the Rules of the House of Representatives. Until the Rules of the House of Representatives are amended to provide otherwise, the Delegate from each territory shall receive the same compensation, allowances, and benefits as a Member of the House of Representatives, and shall be entitled to whatever privileges and immunities are, or hereinafter may be, granted to the Resident Commissioner for Puerto Rico: Provided , That the right to vote in committee shall be as provided by the Rules of the House of Representatives.

SUBCHAPTER II-AMERICAN SAMOA

Delegate to House of Representatives from American Samoa

§ 1731

The Territory of American Samoa shall be represented in the United States Congress by a nonvoting Delegate to the House of Representatives, elected as hereinafter provided.

Election of delegates

§ 1732

(a) In general; plurality vote; vacancy The Delegate shall be elected by the people qualified to vote for the popularly elected officials of the Territory of American Samoa at the general Federal election of 1980, and thereafter at such general election every second year thereafter. The Delegate shall be elected at large, by separate ballot, and by a plurality of the 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) Commencement of term The term of the Delegate shall commence on the third day of January following the date of the election. (c) Establishment of primary elections The legislature of American Samoa may, but is not required to, provide for primary elections for the election of Delegate. (d) Effect of establishment of primary elections Notwithstanding subsection (a), if the legislature of American Samoa provides for primary elections for the election of Delegate, the Delegate shall be elected by a majority of votes cast in any subsequent general election for the office of Delegate for which such primary elections were held.

Qualifications for Office of Delegate

§ 1733

To be eligible for the office of Delegate a candidate shall— (a) be at least twenty-five years of age on the date of the election; (b) owe allegiance to the United States; (c) be an inhabitant of the Territory of American Samoa; and (d) not be, on the date of the election, a candidate for any other office.

Territorial government; determination of election procedure

§ 1734

Acting pursuant to legislation enacted in accordance with section 9, article II of the American Samoan Revised Constitution, the territorial government will determine the order of names on the ballot for election of Delegate, the method by which a special election to fill a vacancy in the office of Delegate shall be conducted, the method by which ties between candidates for the office of Delegate shall be resolved, and all other matters of local application pertaining to the election and the office of Delegate not otherwise expressly provided for herein.

Operation of Office; compensation, allowances, and benefits; privileges and immunities

§ 1735

Until the Rules of the House of Representatives are amended to provide otherwise, the Delegate from American Samoa shall receive the same compensation, allowances, and benefits as a Member of the House of Representatives, and shall be entitled to whatever privileges and immunities that are, or hereinafter may be, granted to the nonvoting Delegate from the Territory of Guam.

SUBCHAPTER III-NORTHERN MARIANA ISLANDS DELEGATE

Delegate to House of Representatives from Commonwealth of the Northern Mariana Islands

§ 1751

The Commonwealth of the Northern Mariana Islands shall be represented in the United States Congress by the Resident Representative to the United States authorized by section 901 of the Covenant To Establish a Commonwealth of the Northern Mariana Islands in Political Union With the United States of America (approved by Public Law 94–241 (48 U.S.C. 1801 et seq.)). The Resident Representative shall be a nonvoting Delegate to the House of Representatives, elected as provided in this subchapter.

Election of Delegate

§ 1752

(a) Electors and time of election The Delegate shall be elected— (1) by the people qualified to vote for the popularly elected officials of the Commonwealth of the Northern Mariana Islands; and (2) at the Federal general election of 2008 and at such Federal general election every 2d year thereafter. (b) Manner of election (1) In general The Delegate shall be elected at large and by a plurality of the votes cast for the office of Delegate. (2) Effect of establishment of primary elections Notwithstanding paragraph (1), if the Government of the Commonwealth of the Northern Mariana Islands, acting pursuant to legislation enacted in accordance with the Constitution of the Commonwealth of the Northern Mariana Islands, provides for primary elections for the election of the Delegate, the Delegate shall be elected by a majority of the votes cast in any general election for the office of Delegate for which such primary elections were held. (c) Vacancy In case of a permanent vacancy in the office of Delegate, the office of Delegate shall remain vacant until a successor is elected and qualified. (d) Commencement of term The term of the Delegate shall commence on the 3d day of January following the date of the election.

Qualifications for office of Delegate

§ 1753

To be eligible for the office of Delegate a candidate shall— (1) be at least 25 years of age on the date of the election; (2) have been a citizen of the United States for at least 7 years prior to the date of the election; (3) be a resident and domiciliary of the Commonwealth of the Northern Mariana Islands for at least 7 years prior to the date of the election; (4) be qualified to vote in the Commonwealth of the Northern Mariana Islands on the date of the election; and (5) not be, on the date of the election, a candidate for any other office.

Determination of election procedure

§ 1754

Acting pursuant to legislation enacted in accordance with the Constitution of the Commonwealth of the Northern Mariana Islands, the Government of the Commonwealth of the Northern Mariana Islands may determine the order of names on the ballot for election of Delegate, the method by which a special election to fill a permanent vacancy in the office of Delegate shall be conducted, the method by which ties between candidates for the office of Delegate shall be resolved, and all other matters of local application pertaining to the election and the office of Delegate not otherwise expressly provided for in this subchapter.

Compensation, privileges, and immunities

§ 1755

Until the Rules of the House of Representatives are amended to provide otherwise, the Delegate from the Commonwealth of the Northern Mariana Islands shall receive the same compensation, allowances, and benefits as a Member of the House of Representatives, and shall be entitled to whatever privileges and immunities are, or hereinafter may be, granted to any other nonvoting Delegate to the House of Representatives.

Lack of effect on covenant

§ 1756

No provision of this subchapter shall be construed to alter, amend, or abrogate any provision of the covenant referred to in section 1751 of this title except section 901 of the covenant.

Definition

§ 1757

For purposes of this subchapter, the term "Delegate" means the Resident Representative referred to in section 1751 of this title.

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Provisions on this page are reproduced verbatim from official open data. See the attribution line.

Compiled from an official source version. Later amendments or repeals may not be reflected; the official text prevails. Text of the U.S. Code 2024 Edition (govinfo), imported 2026-07-04. Amendments enacted after the 2024 Edition are not reflected. Read the official text ↗

Source: United States Code / CFR (uscode.house.gov, govinfo.gov) — U.S. federal law, public domain (17 U.S.C. § 105).

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