ST. CROIX — The Virgin Islands Board of Elections voted 8-0 during an emergency meeting held virtually Tuesday to request for the VI Department of Justice to represent it in a civil lawsuit Supervisor of Elections Caroline Fawkes filed last week against nine board members.
Raymond Williams offered the motion after the board met in executive session to discuss the matter with Assistant Attorney General Christopher Timmons.
“Naturally, the Attorney General’s Office represents government, but we wanted to be sure that there wasn’t any gray area in terms of their representation of the board in the complaint filed by the supervisor,” Williams said after the meeting.
Although the DOJ typically represents the board in legal matters, Williams said that has not always been the case.
“We’ve had at least one instance where that wasn’t proven out to be true, so we wanted to make sure tonight or today anyway, that we were all in symmetrical balance with the attorney general in ensuring that they’re going to represent the board’s interests in this matter.”
Williams moved to direct Alecia Wells, board chair, to write a letter to Attorney General-designee Gordon Rhea requesting that the DOJ represent the board in the lawsuit Fawkes filed against nine board members.
Fawkes filed a lawsuit October 17 in Superior Court to disqualify Ida Smith’s nomination petition for delegate to Congress after the Board of Elections voted to add Smith to the general election ballot even though Fawkes determined she did not meet the qualifications established by law for the office.
READ MORE: “Fawkes files lawsuit to disqualify Ida Smith’s nomination petition after ‘illegal’ BOE vote”
Fawkes, in a letter dated June 11, informed Smith that pursuant to Title 18 of the Virgin Islands Code, her nomination petition for delegate to Congress was disqualified due to the appearance that she did not meet the inhabitant/residency requirements as well as her failure to comply with the vetting/investigative request by failing to submit a current year tax document. Fawkes informed Smith that as per Title 18, she could appeal the decision to the Board of Elections and/or the District Court of the Virgin Islands.
Fawkes, in her representative capacity as supervisor of elections, filed the complaint in Superior Court against the nine Board of Elections members who voted in support of a motion to place Smith on the ballot during a meeting held on September 4.
READ MORE: “Board of Elections places Ida Smith on ballot despite Supervisor Fawkes’ rejection of AG’s opinion”
The board members named as defendants are Williams, and Kareem Francis, Lisa Harris-Moorhead, Shikima Jones-Sprauve, Epiphane Joseph, Angeli Leerdam, Harriet Mercer, Lilliana Belardo de O’Neal, and Atanya Springette.
All of the board members named as defendants who participated in Tuesday’s emergency meeting voted to approve the motion — Francis, Jones-Sprauve, Joseph, Mercer, Belardo de O’Neal, and Williams. Two other board members also supported the motion — Wells and Florine Audain-Hassell. Harris-Moorhead, Leerdam, and Springette were absent along with three board members who are not defendants in the lawsuit — Lydia Hendricks, Michael Joseph, and Arturo Watlington Jr.