ST. CROIX — The Virgin Islands Board of Elections voted 5 to 3 during an emergency meeting Thursday to have Supervisor of Elections Caroline Fawkes conduct a Democratic Party primary election for public offices.
Board members participated in the meeting virtually and in person at the Elections System of the Virgin Islands offices in both island districts.
After the vote, Fawkes said the casting of lots for public offices that was initially scheduled for today would instead take place at 5:30 p.m. Tuesday at the Elections System of the Virgin Islands offices on St. Croix and St. Thomas.
Lisa Harris-Moorhead, a board member, moved for Fawkes to conduct the primary election for the Democratic Party following an executive session.
“As I stated my reason being that we cannot afford to wait for the Legislature to act,” Harris-Moorhead said. “If we get sued, if there’s a conflict, it will be resolved that way, but we’re not then sitting on our hands. I think it’s our responsibility, her responsibility to move forward.”
Epiphane Joseph, a board member, moved to amend Harris-Moorhead’s motion to clarify that Fawkes would conduct a Democratic primary for all public offices.
The board approved the motion as amended by a 5 to 3 vote, with one abstention and five members absent. The five members who voted for the motion were Harris-Moorhead and Joseph, as well as Lydia Hendricks, Michael Joseph, and Alecia Wells, board chair. The three members who voted against the motion were Florine Audain-Hassell, Harriet Mercer, and Lilliana Belardo de O’Neal. Kareem Francis abstained. St. John Administrator Shikima Jones, Atanya Springette, Arturo Watlington Jr., Angeli Leerdam, and Raymond Williams were recorded as absent by the secretary, Hendricks.
Deputy St. Croix Supervisor of Elections Terrell Alexandre clarified that Springette indicated in the chat that she abstained from voting. Hendricks, however, recorded her as absent.
The board’s action came following a May 13 Senate Committee of the Whole meeting during which Fawkes asked senators to make necessary changes to laws found unconstitutional by the District Court to allow her office to be able to conduct primary elections.
READ MORE: “ESVI: Government unable to conduct primary elections without changes to unconstitutional laws”
The Senate has not yet approved any amendments to the elections laws, but Senator Diane Capehart wrote a letter to Senate President Novelle Francis Jr. dated May 30, informing him that she has circulated a petition to gain a consensus of the lawmaking body when it comes to making the required amendments. She recommended convening a special session at 10 a.m. June 7 to consider legislative remedy of the “contradictory and problematic” sections of the Virgin Islands Code found in Title 18, Section 232 before the primary election can be conducted.
“Our laws must be specific about who is responsible for conducting primary and general elections and funding them and must clarify the duties of the parties, the Office of the Supervisor of Elections, and the Board of Election, at minimum,” Capehart wrote. “This body must do all within its legislative powers to provide laws that encompass a fair, transparent election and a system that is transparent and accountable to the people it serves.”
Capehart, Committee on Rules and Judiciary chair, said the matter to address the elections laws would fall under the jurisdiction of her committee, noting senators already heard the concerns of the supervisor of elections during the May 13 Committee of the Whole meeting. She said she learned from the Legislature’s legal counsel that senators have prepared amendments to address the elections laws, so she is circulating a petition calling for a special session on June 7 so the body can immediately act.
“This is just to say it’s an urgent matter that we should address as soon as possible in session,” she said, adding that she would begin circulating her petition to senators today.
Francis said a petition signed by a majority of senators would be required for him to call a special session without giving the required seven-day public notice.
“I’m open to certainly calling the special session as soon as I’m in receipt of the petition, which would authorize me to move forward with the special session,” he said.
Additionally, the Board of Elections discussed two letters from the Democratic Party of the Virgin Islands requesting to borrow assorted items to assist it in holding its caucus on June 8 to elect delegates to the Democratic National Convention in addition to the party’s presidential nominee. While the Democratic Party initially requested to borrow five voting machines, the party sent subsequent correspondence instead requesting five, high-top privacy stations that voters use.
The Board of Elections voted 11 to 0 for Fawkes to loan the Democratic Party the requested high-top privacy stations, ballot boxes and voter registration books in addition to holding a voter registration drive on the day of the Democratic Party caucus on June 8.
