ST. CROIX — The Virgin Islands Board of Elections briefly discussed a legal opinion from the attorney general during a meeting today clarifying the board’s role in primary elections, following a 2024 federal court decision that reshaped how political parties operate in the territory.
Additionally, Board Secretary Florine Audain-Hassell resigned effective Thursday, creating a vacancy on the board.
Legal opinion:
The legal opinion, issued February 27 by Attorney General Gordon Rhea, responds to questions from Board of Elections Chairman Raymond Williams regarding how much authority the board has in determining which candidates appear on primary ballots and how political parties nominate candidates.
According to the attorney general’s opinion, the Board of Elections and the Supervisor of Elections have a limited, statutory role in the nomination process.
Their responsibilities include determining which organizations qualify as political parties under territorial law, identifying which offices are up for election, reviewing and verifying candidate nomination petitions, and ensuring candidates meet legal eligibility requirements.
The Democratic Party of the Virgin Islands has formally adopted its 2026 Primary Election and Candidate Certification Plan, a landmark move party leaders say establishes clear standards of fairness, transparency, integrity, and neutrality in the party’s election process. The party ratified the plan during a Territorial Committee meeting held last October, according to a press release issued at the time.
“This Plan is a declaration of the Party’s constitutional authority and our commitment to fair, transparent, and disciplined certification,” Democratic State Chair Carol Burke said in a statement. “It ensures that every Democrat who seeks the privilege of appearing on our ballot does so through the will of our members — under procedures that guarantee integrity, accountability, and equality of access.
Under the new certification plan, individuals seeking to run for office as Democrats must meet several updated requirements.
In addition to paying dues, Burke told WTJX that members of the Democratic Party must demonstrate that they uphold the party’s principles and share its philosophies. She stressed that limiting certification to dues-paying members is not meant to prevent open participation within the party. She said it speaks more to discipline, noting that those interested in running for office as a Democrat are encouraged to become an active member of the party.
The new requirements also call for the Territorial Committee, which serves as the policy arm of the Democratic Party, to oversee endorsements. Committee members from each district will be eligible to endorse nominees.
During a January 23 Committee on Government Operations, Veterans Affairs and Consumer Protection meeting, senators pressed Burke on her plan to let the party, not the Elections System of the Virgin Islands, decide which candidates can run as Democrats. While Burke insisted the Elections System would still handle legal eligibility and mechanics, lawmakers from both districts warned of disorder if a registered Democrat is turned away by the party, questioned dues and fundraising requirements, and raised concerns about asking taxpayers to fund primaries for parties that say the government cannot interfere in their internal decisions.
If a party chooses to hold leadership elections during the primary, the board may tabulate and report the votes. But the party — not the board — determines the winner according to its own internal rules.
Williams successfully moved during today’s meeting for the board to seek further clarity on the AG’s opinion relating to the party’s ability to determine the winner. He declared his motion approved after hearing no objections.
The board voted 7-4 to add the statutory primary election date — the first Saturday in August, cited as August 1 — to its official election calendar, even though funding for a government-run primary remains uncertain.
Barbara LaRonde warned that listing it now may mislead voters into expecting the Elections System itself will hold a primary.
“I think by putting it on the calendar, it misleads the community who’s looking for these things to happen based on a calendar, to expect the primary coming out of this office, and if we have no primary scheduled for the office, we shouldn’t put it on the calendar,” she said.
Audain-Hassell said the date must be shown on the calendar whether the primary is held by the Elections System or the political parties because it is set in law and could still be used by political parties or funded later by the Legislature.
The board voted in support of a motion moved by LaRonde to request another legal opinion from the attorney general.
The board voted 7-4 to formally request an AG opinion to clarify whether Constitutional Convention candidacy is included in the dual-candidacy prohibition outlined under Title 18 of the Virgin Islands Code. To resolve legal confusion, the board asked for an opinion on dual candidacy because board members were unsure whether the statutory ban on dual candidates also applies to running for the Constitutional Convention at the same time as another office.
During the 2024 general election, Board of Elections member Lilliana Belardo de O’Neal, who is listed on the Elections System website as “Lilliana O’neal,” ran for two public offices — Board of Elections and Sixth Constitutional Convention. Her name appeared on the ballot for both offices as “Liliana Belardo-Oneal.” She was elected to both offices.
In addition to discussing the AG’s opinion, board members heard Audain-Hassell read her letter of resignation into the record.
Audain-Hassell resigns:
After being elected to the board for the first time in 2022, Audain-Hassell read her resignation letter. She reflected on her tenure with the board, highlighting her consistent meeting attendance, professional certification, and hands-on involvement in voter registration and election operations. She noted improvements she helped implement, including streamlined administrative forms, advocacy for fair staff compensation, and the establishment of a dedicated HR/Finance position — the first of its kind in decades.
Audain-Hassell urged the board to focus on innovation and maintaining public trust, cautioning against revisiting past grievances that could undermine confidence in the electoral system.
Now that there is a vacancy for the office of secretary, the board members discussed that C. Jason JnBaptiste would fill the vacancy since he received the next highest votes when the board elected Audain-Hassell as secretary and he is also from the St. Croix District.
The vacancy left on the board also needs to be addressed.
Based on a reading of the relevant statute in the VI Code and a review of the 2024 general election results, Republican Franz Christian Jr. is projected to fill the vacancy.
According to the VI Code, Title 18, Chapter 3, Section 41(f), the board has 30 days after a vacancy occurs to certify the candidate who received the next highest vote count in the immediately preceding election who was a member of the same political party in which the vacancy occurred. However, whenever a vacancy occurs and the candidate who received the next highest vote count is not in the same political party as the person who vacated the position, or the person who vacated the position is not affiliated with any political party, then the board shall certify the candidate who received the next highest vote count.
During the 2024 general election, voters elected four candidates to the Board of Elections — Belardo de O’Neal, a Republican; JnBaptiste, a Democrat; Republican Michael Joseph; and Republican Cleopatra Peter. There were only two remaining candidates — Christian and Epiphane Joseph, an independent candidate. Christian was the next highest vote-getter.
