ST. CROIX — Ida Smith filed a formal complaint with the Virgin Islands Board of Elections today, accusing Supervisor of Elections Caroline Fawkes of unlawfully requiring documentation to prove her residence as a candidate for delegate to Congress.
The complaint came one day after Fawkes sent Smith a letter to a St. Thomas apartment address requesting documentation to verify that the address listed on her nomination papers — Estate 14 John’s Folly No. 14I-D on St. John — contains a residential structure and reflects her current place of residence.
Smith argues that the request exceeds the authority granted to the supervisor under federal and territorial law, imposes an unauthorized burden on candidates, and threatens the fairness and neutrality of the candidate qualification process.
The dispute is reminiscent of a similar conflict that occurred during the 2024 election cycle, when Fawkes disqualified Smith’s candidacy for delegate to Congress and the Board of Elections later voted to place her on the general election ballot.
In her letter, Fawkes cited Title 18, Virgin Islands Code, Section 384(a)(2), which requires candidates to disclose their place of residence on nomination papers and affidavits of candidacy. Fawkes wrote that information available to the Elections System, including site verification, suggested the location listed by Smith may not contain a residential structure and may not reflect her actual place of residence.
Fawkes requested documentation showing that the property contains a residence, that Smith has a legal right to live there, and that she actually resides at the address. Examples included property records, utility records, identification documents, affidavits and photographs. She directed Smith to provide the information by 5 p.m. Friday and stated that failure to do so could result in a determination that her nomination papers are defective under Virgin Islands law.
In her complaint, Smith said she responded to a request Fawkes made in 2024. She said in an abundance of caution, Fawkes received proof of credit card statements, bank statements, and eight notarized letters from registered voters and Coral Bay residents attesting that the John’s Folly property is her domicile and family property.
Smith contends the latest request unlawfully attempts to impose additional qualification requirements beyond those established for candidates seeking the office of delegate to Congress and improperly singles out residence-related information not required by law.
Smith asked the board to determine that Fawkes lacks authority to require additional place-of-residence information beyond what is required by law for delegate candidates; prohibit any adverse action based on a candidate's refusal or inability to provide the requested documentation; direct Elections System staff to enforce only those filing requirements expressly authorized by law; and provide written findings and notice of any corrective action taken.
The complaint asks the Board of Elections to review a September 2024 legal opinion issued by Attorney General Gordon Rhea concluding that Smith was qualified to seek the office.
During a Board of Elections special meeting held today, board member Cleopatra Peter also noted that the attorney general previously provided an opinion.
“To see that this was already ruled, and to see Supervisor Fawkes is doing the same thing over again, and it’s like you’re reliving the same thing again, makes me wonder: Does she respect the board? Does she respect the AG?” Peter said.
Fawkes, in response, said she has the right to seek the requested information from Smith under local law that requires nomination petitions to include an address. She clarified that the question in 2024 regarding Smith’s candidacy was about “residency” being established in the Virgin Islands.
“This time the paper you sign as a candidate, affidavit notarized, says, ‘I reside at this building in this district,’” Fawkes said.
Fawkes pointed to a court case presided over by Chief Judge Robert Molloy in 2025.
“Judge Molloy ruled that that land is not Ida Smith’s land — the claim of the address that’s on the document,” Fawkes said. “So that’s why she has to prove that that’s her information on the document.”
Molloy, in an order dated March 31, 2025, found plaintiff Smith in contempt of court for violating previously issued orders in connection to a St. John land dispute the District Court settled in 2015 when it ruled in favor of the defendants — including siblings Paul Hoffman and Jane Hoffman. Smith was directed to remove illegally placed items from the Hoffmans’ property.
READ MORE: Federal judge finds Ida Smith in contempt for violating court orders in St. John land dispute case
Smith subsequently filed a motion to vacate Molloy’s order. Smith, who described herself as one of many patent holders to Estate 14 John’s Folly, demanded judgment setting aside and vacating the order from March 31, 2025. She argued there is no jurisdictional basis, noting the court had not presented an order that was violated.
The Hoffmans opposed her motion.
The court scheduled a hearing on the motion for March 11. The court denied Smith’s motion the same day. In a subsequent order, the court noted that Smith failed to appear at the hearing, which was held at her request, so she waived her opportunity to be heard.
The AG’s opinion Smith and Peter referenced concluded that candidates for delegate to Congress must satisfy the qualifications set forth in federal law and the U.S. Constitution. According to the opinion, a candidate must be at least 25 years old, have been a U.S. citizen for at least seven years and be an inhabitant of the territory when elected.
Rhea further concluded that, unlike candidates for the Virgin Islands Legislature, delegate candidates are not subject to a specified minimum period of residency and that additional residency qualifications could not be imposed.
Former Board of Elections Chair Alecia Wells requested the opinion after Fawkes disqualified Smith during the 2024 election cycle. Following receipt of the opinion, the board voted 7-4 during a September 4, 2024, special meeting to place Smith on the general election ballot.
During the Board of Elections special meeting today, a motion moved by Harriet Mercer and supported by Peter and Barbara LaRonde to have Fawkes remove her request of Smith failed by a 3-5 vote. It was opposed by Kareem Francis, Cornelius JnBaptiste, Lilliana Belardo de O’Neal, Atanya Springette, and Raymond Williams, board chair.
Smith also requested the board review an October 2024 court filing in Fawkes’ lawsuit against nine election board members and a March 19 letter Smith sent to board Chair Raymond Williams alleging that Fawkes improperly sought an attorney general investigation into Smith’s family land on St. John.
The October 2024 filing was part of a lawsuit Fawkes brought against the Board of Elections and several board members after the board voted to place Smith on the 2024 general election ballot. In the suit, Fawkes argued that she had exclusive authority under Virgin Islands law to disqualify candidates and that the board improperly overturned her decision regarding Smith.
However, Superior Court Judge Yvette Ross-Edwards dismissed the lawsuit on Nov. 9, 2024, finding that Fawkes lacked the legal authority to sue the Board of Elections independently in her official capacity and could not bypass the attorney general in resolving disputes within the executive branch.
The court also stated that disagreements between the supervisor and the board regarding election law should be addressed through the attorney general, whose opinions are entitled to significant weight in guiding government action.
