ST. CROIX — The Virgin Islands Board of Elections approved a motion during a special meeting Wednesday by a vote of 7 to 4 to place Ida Smith on the November 5 general election ballot as a delegate to Congress candidate and accept the opinion of Attorney General-nominee Gordon Rhea.
The board subsequently approved the general election ballot with the inclusion of Smith’s name as a candidate for delegate to Congress by a vote of 9 to 0.
Smith, who was disqualified as a candidate by Supervisor of Elections Caroline Fawkes because of dual voter registration in New York and the Virgin Islands, subsequently requested that the Board of Elections vacate her disqualification, and that the cancellation of her voter’s registration be reinstated.
With the board’s action today, Smith will now appear on the ballot as a delegate to Congress candidate.
“God never delays,” Smith said about the board’s decision. “The same does not apply to humans.”
Rhea, in a legal opinion dated September 3, concluded that Smith meets the qualifications to seek candidacy for the office of delegate to Congress. He also concluded that local election laws codified in Title 18 of the Virgin Islands Code apply to the disqualification of a candidate for delegate to Congress.
The board’s decision to place Smith on the general election ballot came about following two previous board meetings during which board members discussed the matter.
During the board’s most recent special meeting on August 28, the board voted 8 to 0 to delay approval of the ballots until today’s meeting pending receipt of Rhea’s legal opinion.
During the board’s previous emergency meeting on August 26, the board voted to wait for more information before deciding whether to uphold Smith’s disqualification by Fawkes.
Although the board voted to place Smith on the ballot, Smith questioned what happens with the 15 weeks that she was deprived of being able to get campaign contributions. She questioned how she can fix the disqualification that was tainted with her name. She questioned what happens to all the unchallenged affidavits of witnesses who confirmed she is domiciled on St. John. She questioned what happens to Fawkes while alleging the that the supervisor of elections made up lies relating to her requested tax documents and voter registration status.
“She used the media to say that I had dual voter’s registration,” Smith said.
After hearing from both Smith and Fawkes during the August 26 meeting, and after receiving Rhea’s legal opinion, the board voted 7 to 4 to place Smith on the ballot. One board member abstained, while two others were absent.
Epiphane Joseph moved the motion to place Smith on the ballot and accept the legal opinion of the attorney general nominee. His motion was approved by himself, as well as by Lisa Harris-Moorhead, Angeli Leerdam, Harriet Mercer, Lilliana Belardo de O’Neal, Atanya Springette, and Raymond Williams. It was opposed by Florine Audain-Hassell, Kareem Francis, Shikima Jones-Sprauve, and Alecia Wells, board chair. Lydia Hendricks abstained from voting. Michael Joseph and Arturo Watlington Jr. were absent.
After the roll call, Williams requested a vote tally. Belardo de O’Neal quickly pointed out the motion passed.
“She’s back on the ballot,” Belardo de O’Neal said. “Put her back on the ballot and done. We can’t disenfranchise people like that.”
Joseph moved his motion to place Smith on the ballot after a motion to uphold her disqualification failed by a vote of 5 to 7.
Francis moved to dispose of Smith’s inquiry into her candidacy for delegate to Congress by accepting Fawkes’ decision on her disqualification as final. His motion failed after it was voted against by Harris-Moorhead, Leerdam, Mercer, Belardo de O’Neal, Springette, Williams, and Epiphane Joseph. In addition to Francis, the other board members who supported the motion were Hassell, Hendricks, Jones-Sprauve, and Wells. Watlington and Michael Joseph were absent.
Epiphane Joseph, while moving a motion, said because of the way Fawkes has dealt with this situation, he believed that she misled the board and lied to the board. He moved that Fawkes relinquish her position and resign. Belardo and Francis both objected.
“Let’s move on,” Belardo de O’Neal said. “He doesn’t have a second. Motion failed.”
Wells allowed Epiphane Joseph to move his motion again, clarifying that she did not hear the entire motion. He then moved that Fawkes resign because she has caused irreparable damage to the board and the Elections System. He still did not receive a second.
Fawkes, in response, said she did not mislead anyone. As the supervisor of elections, she said it is her duty to qualify or disqualify candidates.
“The attorney general always gives us an opinion; we can accept it or reject it,” she said. “And so, the supervisor still has her stand. And again, I will not place the aspirant on the ballot, and you all can take me to court.”
After hearing Fawkes’ comment that she would not place Smith on the ballot, Williams moved to approve the general election ballot with the inclusion of Smith as a candidate for the office of delegate to Congress. His motion passed by a vote of 9 to 0, with three abstentions and two members absent. The motion was approved by Williams, as well as Francis, Harris-Moorhead, Jones-Sprauve, Leerdam, Mercer, Belardo de O’Neal, Springette, and Epiphane Joseph. Hassell, Hendricks, and Wells abstained from voting. Watlington and Michael Joseph were absent.
