ST. CROIX — A federal lawsuit over how primary elections are administered in the territory ended Thursday in a mediated settlement, resolving a dispute between the Democratic Party of the Virgin Islands and the Election System of the Virgin Islands over coordination of the party’s candidate certification process ahead of the August 1 primary.
The agreement, reached after roughly two and a half hours of mediation before Magistrate Judge Emile Henderson III at District Court on St. Croix, sets out a coordinated timeline under which the Elections System and the Democratic Party will each carry out their respective roles in preparing for the primary.
“I think this is a huge win for the people of the Virgin Islands,” attorney Pete Lynch, who represented the Democratic Party, said. “Both sides managed to come to an agreement that serves everyone. I think it couldn’t have turned out better, in my opinion.”
The lawsuit, filed April 9, named the Elections System of the Virgin Islands, Board of Elections Chair Raymond Williams, and Supervisor of Elections Caroline Fawkes as defendants.
In its complaint, the party argued that its First Amendment rights were being infringed after election officials moved forward with their own procedures for the 2026 primary without implementing a party-adopted plan. That plan, approved in October 2025, outlined how Democrats would vet and certify candidates for the Legislature, delegate to Congress, and governor ahead of the government-run primary.
At a prehearing conference on Tuesday, Chief Judge Robert Molloy suggested the conflict was less about legal disagreement and more about a lack of coordination.
READ MORE: Judge orders mediation in Democratic Party lawsuit over 2026 primary election
Molloy ordered the parties into mediation before a scheduled preliminary injunction hearing. Participants included Lynch, Democratic State Chair Carol Burke and St. Thomas District Chair Barbara Petersen on the party’s side. Assistant Attorney General Ariel Smith-Francois represented the defendants. Fawkes and Williams both participated in the mediation along with Kareem Francis, a Board of Elections member.
Under the agreement, the Elections System will continue to administer the primary in accordance with Virgin Islands law, while the Democratic Party retains control over its internal vetting and certification of candidates. The timeline calls for election officials to provide a list of candidates who submit nomination petitions by May 19, notify the party of those who qualify by May 25, and for the party to submit its certified slate by May 27.
Candidates who pass both processes — party screening and statutory eligibility — will appear on the ballot. The Elections System will conduct the primary in accordance with Virgin Islands law.
The parties have 10 days to file a joint stipulation of dismissal. Henderson thanked the participants for their “hard work and diligence” in reaching an agreement. The parties then moved to Molloy’s courtroom, where Lynch withdrew his motion for a preliminary injunction, and Molloy found the motion moot.
“The Elections System’s responsibility is statutorily clear and always has been,” Lynch said after the hearing. “It’s just the coordination and the handoff between the political parties and the Elections System that was in question. And at this point, there’s good agreement — and that’s good agreement between the Democratic Party and the Elections System.”
Lynch added that the settlement is intended to extend beyond this single election cycle.
“This agreement does encompass future election cycles as well,” he said. “And we’re hopeful that it will also cover other parties in the Virgin Islands in the future.”
Smith-Francois offered a brief assessment.
“It was the best resolution for all parties,” she said.
Burke described the settlement as “triumphant.”
“This is a win for not just Democrats, but for the election process in the Virgin Islands,” she said outside the courthouse.
Burke said the resolution of the case restores the party’s role in determining its candidates while reaffirming constitutional protections.
“It’s not about who won and who lost, but it’s more about that we recognize that the people are protected by the First Amendment rights to freely associate,” she said.
The Democratic Party noted in a statement issued after the parties reached an agreement that the settlement is rooted in constitutional principles outlined in Molloy’s ruling from January 2024 in the case of Republican National Committee et al v. Virgin Islands Board of Elections et al. In that case, the Democratic Party noted the court determined that several provisions of Title 18 of the Virgin Islands Code improperly interfered with the internal governance of political parties, affirming that political parties have a protected constitutional right to determine their leadership and the process for nominating and certifying candidates.
The agreement also makes clear that the August 1 primary will be used solely to select candidates for public office — not internal party leadership — a point confirmed by Williams.
Asked about whether the primary would also be used to elect party officers, Burke clarified that internal leadership selection is a separate matter the party will handle on its own terms.
“We will make a determination as to how we’re going to do that,” she said, noting that the party’s bylaws were recently amended to extend officer terms to four years. The upcoming contest, she said, is for territorial committee members.
Even as the legal dispute has been resolved, questions about funding the primary remain.
Fawkes said after the hearing that she does not plan to request funding from the Legislature herself, estimating the cost at between $250,000 and $275,000.
“If the government wants a primary, they will fund it,” she said.
Senate Majority Leader Kurt Vialet told WTJX on Wednesday that lawmakers intend to ensure the primary election is funded, consistent with past practice.
“The Legislature has always funded a primary election,” he said. “If it was not going to, this would be the first election that I know about — a primary election — that’s not funded by the Legislature. So, the Legislature will be moving a measure forward to fund the primary election.”
He added that discussions are expected with the Office of Management and Budget to identify a funding source, and that lawmakers are considering ways to reduce costs.
“We don’t want to go with all the bells and whistles,” Vialet said. “We want to make sure that it just achieves a purpose, which is to select candidates from a particular party, so we’re going to do it as cost efficient as we can to get this process done.”
The settlement agreement and anticipated funding now clear the way for the territory’s August 1 primary to proceed under a coordinated framework.
