ST. CROIX — The Virgin Islands will use a single ballot for the November 3 general election, with the race for delegate to Congress appearing alongside territorial races, after a Superior Court judge rejected a challenge seeking a separate ballot for the federal contest, according to court documents.
Superior Court Judge Venetia Velázquez denied Mary Moorhead’s petition for a writ of mandamus, injunction, and declaratory judgment following a hearing Monday.
Supervisor of Elections Caroline Fawkes said the Elections System of the Virgin Islands will move forward with the single ballot.
“As we have done and continue to do, having single ballots is legal,” she said.
However, Fawkes’ current position differs from testimony she gave to senators earlier this year. During a January 23 hearing of the Committee on Government Operations, Veterans Affairs and Consumer Protection, Fawkes told lawmakers that federal law in Title 48 of the U.S. Code requires a separate ballot for the delegate to Congress race.
“Now we are aware of the law, we’ll have to implement the law,” she said.
Fawkes also confirmed to Senator Carla Joseph that there would be two ballots during the 2026 election cycle.
The dispute centered on whether the phrase “separate ballot” in federal law requires the delegate race to be placed on a physically separate ballot or whether it can be presented as a distinct contest on the same ballot as local races.
The respondents — the Board of Elections, Elections System, and Fawkes — argued in a court filing that the planned ballot complies with both federal and territorial law because the delegate race will be clearly identified as a “separate contest,” even though it will appear on the same ballot as local races.
The respondents, represented by Assistant Attorney General Julie Beberman, pointed to a 2023 amendment to the Virgin Islands Code that removed the reference to a “separate ballot” and instead requires the supervisor of elections to place a “separate contest” for delegate on the official ballot. They also argued that the same type of ballot has been used for at least 20 years without voter confusion or other problems.
They acknowledged that federal law, 48 U.S.C., Section 1712, says the delegate shall be elected by “separate ballot,” but argued that Congress never defined what that phrase means.
The Elections System maintained that the Virgin Islands Legislature has authority over local administration of delegate elections in areas not specifically addressed by Congress. Because federal law does not define “separate ballot,” they argued, the territory was permitted to establish a system that is not inconsistent with the federal requirement.
The System also cited an Illinois case, Chicago Bar Association v. White, in support of their position that a “separate ballot” does not necessarily require a separate piece of paper or voting screen. They argued that separating the delegate race as its own contest on the official ballot serves the purpose of distinguishing the federal election.
They further argued that changing the ballot system at this point could create voter confusion and impose significant additional costs. They said Moorhead had not demonstrated irreparable harm because the same type of ballot has been used in previous elections.
Board of Elections Chair Raymond Williams said the ruling was in the best interest of voters.
“I think the judge’s ruling was right on time and right on point,” he said.
Williams also said having two ballots could disenfranchise voters who are accustomed to voting on a single ballot.
“Our responsibility is to ensure that every elector has a fair opportunity to vote with clarity,” he said.
Moorhead, in her filing, disagreed with the Elections System’s interpretation of the law, arguing that federal law requires a physically separate ballot. She argued that Chicago Bar Association v. White is a nonbinding, out-of-state case and does not establish the meaning of the federal statute. Moorhead also pointed to Congress’ treatment of Guam, where the “separate ballot” requirement was explicitly removed, arguing that Congress never made the same change for the Virgin Islands.
Moorhead argued that if Congress had to amend federal law to eliminate the requirement for Guam, the Virgin Islands cannot eliminate the requirement through territorial law alone.
Fawkes said Velázquez indicated during the hearing that congressional legislative history showed Congress intended the 1998 change eliminating the separate-ballot requirement for Guam to also apply to the Virgin Islands, although the language ultimately approved by Congress specifically addressed Guam.
“Somehow, they did not repeal that section from the Virgin Islands,” Fawkes said.
The Democratic Party of the Virgin Islands weighed in after the order was issued with a statement acknowledging the decision.
Democratic State Chair Carol Burke said the case highlighted a broader need for clearer and more consistent election laws.
“Our democracy is strongest when the rules governing our elections are clear before the campaign begins and understood by everyone before voters go to the polls,” she said in her statement.
Burke said election questions involving statutory interpretation, ballot structure, candidate qualifications, certification, election administration and the respective responsibilities of political parties and the Elections System should not repeatedly become matters for litigation on the eve of an election.
“The people of the Virgin Islands deserve an election system in
which candidates know the requirements, political parties understand their responsibilities, election officials have clear statutory direction, and voters can participate with confidence in the process,” Burke stated.
The Democratic Party of the Virgin Islands is calling for a comprehensive review of the territory’s election statutes after the 2026 election cycle, particularly provisions that have generated conflicting interpretations or repeated litigation. The party noted that the objective should not be to benefit any particular candidate or political party but to strengthen the integrity, transparency, and predictability of the electoral process for every Virgin Islands voter.
The Board of Elections voted 6-3 on June 3 to continue using a single ballot for federal and territorial races in the 2026 election, despite objections from members who argued that the delegate race was legally required to be on a separate ballot.
READ MORE: BOE keeps single ballot despite requirement for separate federal ballot; motion to fire Fawkes fails
Moorhead subsequently filed her petition August 18, arguing that federal and territorial law require the delegate contest to be separate and asking the court to intervene before ballots were finalized and distributed.
READ MORE: Mary Moorhead asks Superior Court to require separate ballot for federal delegate to Congress race
A longtime educator and civic advocate representing herself pro se, Moorhead is a member of the Virgin Islands Board of Education running as an independent candidate for the Board of Elections.
Fawkes said the Elections System will proceed with preparing the single ballots, which are scheduled to be sent via email by September 19 to active-duty military personnel, their dependents, and overseas U.S. citizens as required under the Uniformed and Overseas Citizens Absentee Voting Act.
WTJX attempted to reach Moorhead for comment Tuesday but had not received a response by publication time.
