ST. CROIX — A federal judge on Tuesday ordered the Democratic Party of the Virgin Islands and the Elections System of the Virgin Islands to attempt to resolve their dispute through mediation before proceeding to a preliminary injunction hearing, after a prehearing telephone conference revealed that the Elections System has not secured funding to administer the August 1 primary election.
Chief Judge Robert Molloy directed the parties to appear before U.S. Magistrate Judge Emile Henderson III for mediation at 9 a.m. on Thursday at District Court on St. Croix. If mediation is unsuccessful, Molloy will conduct a preliminary injunction hearing immediately after at 10 a.m.
The Democratic Party of the Virgin Islands filed suit on April 9 in District Court against the Elections System, Board of Elections Chair Raymond Williams, and Supervisor of Elections Caroline Fawkes, seeking declaratory and injunctive relief to ensure the August primary is administered in accordance with the party’s own election plan.
At the heart of the dispute is a plan the Democratic Party adopted on October 24, 2025, outlining how it intends to vet and certify its own candidates for the Senate, delegate to Congress, and governor races ahead of the primary. The party says the plan was submitted to the Elections System by email on January 28, along with a request to meet and coordinate its implementation — and that the Elections System never responded.
Instead, starting on March 11, the Elections System began moving forward with its own preparations for the primary, posting on its website the availability of nomination petitions and papers beginning April 14, which the party argues imposes a government-driven process that overrides its constitutional right to select its own candidates. The Democratic Party argues its First Amendment right of freedom of association gives it the authority to determine who may run under its banner, and that the Elections System’s approach — which includes requiring candidates to gather at least 25 signatures on nomination petitions — improperly substitutes government requirements for the party’s internal membership and endorsement process.
During Tuesday’s telephone conference, the Elections System’s attorney — Assistant Attorney General Ariel Smith-Francois — acknowledged that as of now, the Elections System has not been funded to administer the August primary and, therefore, is not currently in a position to do so.
Molloy expressed concern, noting that the primary election will determine candidates for governor, lieutenant governor, delegate to Congress, district senators, and at-large senator. He said the core dispute was less about fundamental disagreement and more about a failure to communicate.
“I think perhaps the statute requires some sort of communication between recognized political parties and the Elections System, especially as it relates to holding a primary,” Molloy said. “It seems that the parties are more in agreement than in disagreement, and a lot of this could have been avoided with communication, which is a basic tenant in any type of relationship.”
Molloy pointed out that being a registered Democrat with the Elections System and being a member of the Democratic Party of the Virgin Islands are two separate things, with the latter requiring its own membership requirements such as paying dues. He said the Elections System has no authority to dictate who qualifies as a member of the party’s organization.
“This doesn’t appear to be that complicated,” he said.
Molloy outlined a path forward, suggesting the Democratic Party certifies its candidates according to its own plan, submits those names to the Elections System, and the Elections System then separately verifies that those individuals meet statutory requirements such as age, residency, and voter eligibility.
“There’s two different certifications that’s happening here,” he said. “One is a certification of membership and the requirements to run under the party banner, and then there’s a statutory certification requirement.”
Molloy directed Smith-Francois and attorney Peter Lynch, representing the Democratic Party of the Virgin Islands, to come prepared with witnesses and exhibits in the event mediation on Thursday is unsuccessful.
“It seems that the issues are rather simple; they’re much simpler than I initially thought,” Molloy said. “But I’m going to require that you meet with a neutral third party to resolve this, and I’m going to give the parties some time. And if there’s no agreement, we’re going to have a preliminary injunction hearing.”
