ST. CROIX — The Elections System of the Virgin Islands is accepting nomination petitions from aspirants simultaneously running for public office as well as delegate to the Sixth Constitutional Convention.
Supervisor of Elections Caroline Fawkes, however, is seeking clarification of the Virgin Islands Code from the attorney general’s office relating to dual candidacies before the certification of nominees on June 11.
Fawkes also wants to make sure her interpretation of the Revised Organic Act is correct when it comes to limitations of senators holding other offices.
“Managers and board members have different interpretations, so when you have a law that is vague, you want to make sure you get clarity so in case I’m tested or challenged, I will be on the right side,” she said.
In the meantime, aspirants have until 6 p.m. Tuesday to file nomination papers. ESVI is accepting petitions from individuals seeking to run for public office (senator, delegate to Congress, Board of Elections, and Board of Education) and as delegates to the Sixth Constitutional Convention.
“What we do is we turn no one away,” Fawkes said. “We take both nomination packages, and we verify and review and screen them so that we’re ready to make whatever announcement to that aspirant that we need to make so they’re aware and they get whatever letter or discussion in a timely manner.”
Title 18 of the Virgin Islands Code, Chapter 1, Section 7 prohibits candidates from running for more than one of six public offices — governor, lieutenant governor, delegate to Congress, senator, Board of Education, and Board of Elections. Since the section does not specifically address delegates to a constitutional convention, Fawkes said her interpretation of the law is that someone would be allowed to simultaneously run for public office and as a delegate to the Sixth Constitutional Convention. She said she is seeking clarification from the AG’s office to make sure she is correct.
The Revised Organic Act of 1954 addresses limitations of senators holding other offices.
“No member of the Legislature shall hold or be appointed to any office which has been created by the Legislature, or the salary or emoluments of which have been increased, while he was a member, during the term for which he was elected, or during one year after the expiration of such term,” according to Section 6(f) of the ROA.
Fawkes said she is seeking clarification on the intent of Section 6(f) because the question came up when an aspirant wanted to run for Senate and as a delegate to the Sixth Constitutional Convention. She said her interpretation of the language is that someone elected as a Senator and as a delegate to the Sixth Constitutional Convention would not be able to hold both offices.
“They created that position, so they can’t do both,” she said about members of the Legislature.
Fawkes pointed out that language in the ROA only speaks to members of the Legislature holding an office created by the Legislature.
“They cannot hold both offices, but it didn’t say that they cannot run for both offices, so we seek clarification on the word run and hold,” she said.
Fawkes said aspirants should be allowed to run for both the Senate and as a delegate to the Sixth Constitutional Convention, noting they might not get elected to both offices.
“I think if you don’t let them run, you’re gonna disenfranchise the aspirant,” she said.
Michael Springer, who filed his nomination papers Wednesday to run for Senate and as a delegate to the Convention, said he should be able to run for both offices since they are two separate entities.
“I feel that it’s not a conflict of interest if one is running for office and serving as a legislator, and then one is moving forward to be involved as it relates to crafting a document that will govern the territory,” he said.
Springer welcomes the AG’s opinion on the matter.
“I feel at the end of the day that seeking some sense of clarity from the attorney general’s office in terms of which would bring some clarity as to whether or not one is eligible to represent both offices, I think it’s a good thing,” he said.
Fawkes’ letter to the AG’s office dated April 29 requests a timely review and response to her inquiry to notify aspirants before Tuesday’s deadline to file their nomination petitions. Fawkes said, however, the Elections System has more time because the certification of nominees is not until June 11.
“We have to go through them and screen them,” she said about the nomination petitions submitted by aspirants. “We have time to get the legal opinion and time to respond to them.”
