ST. CROIX — A federal judge on Thursday partially granted an emergency motion for a temporary restraining order, blocking enforcement of key ballot-access rules tied to a recent election settlement as three prospective candidates continue a widening legal fight over the 2026 election framework.
Pending resolution of a preliminary injunction request, U.S. District Judge Timothy Savage ordered that election officials may not exclude candidates from the primary ballot solely for failing to meet Democratic Party certification requirements established in the April 23 mediated settlement agreement.
The court also directed defendants to preserve all candidate records, nomination papers, certification materials, and related correspondence, and to retain — without disqualification — nomination petitions containing signatures from inactive voters until further order.
The TRO stems from a May 1 complaint challenging the election framework; the emergency motion was filed Monday.
The ruling comes as the same three plaintiffs — Shelley Moorhead, Collister Fahie, and Lorelei Monsanto — filed a new lawsuit Wednesday in District Court challenging the legitimacy of the Democratic Party of the Virgin Islands.
They have also filed a third lawsuit, in March, alleging that campaign finance transparency laws have gone unenforced for more than two decades.
The latest complaint questions the organizational legitimacy of the Democratic Party and the institutional impartiality of the Board of Elections. The plaintiffs argue that the entity currently recognized by the government as the Democratic Party lacks formal legal continuity and authority under Virgin Islands law to perform “gatekeeping” functions over public elections. They are suing DPVI and Democratic State Chair Carol Burke, the Board of Elections, and Supervisor of Elections Caroline Fawkes.
They allege that while various factions operate under names such as “DPVI” or “Democratic Party of the U.S. Virgin Islands,” none have established the statutory authority required under Title 13 and Title 18 of the Virgin Islands Code.
The complaint also contends that Fawkes misinterpreted a 2024 federal ruling (RNC v. VI Board of Elections) to shield party certification decisions from government oversight, effectively granting a private organization control over access to the public ballot.
The suit further challenges Board of Elections chair Raymond Williams, alleging a conflict of interest due to his simultaneous role as director of the Virgin Islands Lottery. Plaintiffs point to a 2023 amendment to election law that bars government agency directors from serving on the board, arguing that Williams’ participation undermines the validity of the mediated settlement he signed.
However, Act 8680, Section 30, which became law on January 19, 2023, supports Williams’ current membership on the board. Williams, a six-term board member was reelected in 2022 and was sworn in on January 9, 2023. The law states any government official serving a term on the Board of Elections on the effective date of this act may serve until the expiration of that term. Williams is in the last year of his current four-year term.
Plaintiffs also allege the Democratic Party is not a legally recognized entity capable of entering into binding agreements, claiming it failed to file required organizational rules and misrepresented board authorization during mediation.
Monsanto argues the current system forces her candidacy through a private process lacking defined standards, while Fahie contends his Republican candidacy is being improperly subjected to rules derived from a Democratic Party settlement.
The dispute stems from a broader legal fight that began in a related federal case filed April 9, when DPVI sued the Elections System, Fawkes, and Williams over the structure of the 2026 primary election process.
READ MORE: Judge orders mediation in Democratic Party lawsuit over 2026 primary election
That case was dismissed after a mediated settlement agreement was reached on April 23, establishing new procedures for candidate certification.
READ MORE: VI Democratic Party and Elections System reach agreement, resolving primary election lawsuit
On May 1, the prospective candidates filed a separate complaint in District Court challenging the effects of that settlement and related election policies, arguing the agreement and enforcement practices created unconstitutional barriers to ballot access.
Moorhead, an independent, has picked up nomination papers to run for delegate to Congress. Fahie, a Republican, and Monsanto, a Democrat, have both picked up papers to run for Senate.
READ MORE: Judge Robert Molloy closes challenges to Democratic Party-Elections agreement; new lawsuit filed
Under the agreement, Democratic candidates must complete both Elections System requirements and a party-run certification process to qualify for the primary ballot — a dual-certification system the plaintiffs argue is unconstitutional. The plaintiffs contend the settlement gives a private political party decisive control over access to a public ballot without clear standards or judicial review.
Key election deadlines in the settlement framework fall later this month, including May 19, when the Elections System transmits its candidate list to the Democratic Party, and May 25, when the agency confirms which candidates have met statutory requirements. The process culminates May 27, when the party submits its certified list to elections officials — a date cited in court filings as the final cutoff for ballot qualification decisions.
In their emergency motion filed Monday, the plaintiffs argued that without immediate court intervention, candidates excluded under the new rules could not be restored to the ballot even if they later prevailed in court.
The TRO partially grants that relief, preserving ballot access in the short term while the court considers broader constitutional claims.
The case was reassigned to Savage after Chief Judge Robert Molloy recused himself due to a familial relationship with Moorhead. A hearing on the preliminary injunction has not yet been scheduled.
