BOE Votes for Attorney General Representation Amid Residency Dispute

Late Tuesday, the V.I. Board of Elections convened for an hourlong executive session, emerging around 6:15 p.m. to vote unanimously that Attorney General Gordon Rhea would represent the board members named in a lawsuit filed by Supervisor of Elections Caroline Fawkes.

The motion, brought by Board Member Raymond Williams and seconded by Board Member Epiphane Joseph, comes amid a heated legal battle over the reinstatement of disqualified congressional candidate Ida Smith and the broader local debate over residency requirements for candidates in the Virgin Islands.

Fawkes, who filed the lawsuit on Oct. 17, is challenging the board’s decision to reinstate Smith on the ballot for delegate to the U.S. House of Representatives. Smith was originally disqualified in June for failing to meet residency requirements, including not submitting a tax return transcript by the June 10 deadline, a key requirement under Virgin Islands law. Fawkes contends that, under 18 V.I.C. §411, the authority to determine a candidate’s qualifications falls solely to the supervisor of Elections. She argues that Smith’s failure to meet this requirement was sufficient to remove her from the race and that the board’s move to reinstate her was both improper and unlawful.

The board, however, voted on Sept. 4 to reinstate Smith, overturning Fawkes’ decision. Fawkes responded with the lawsuit, seeking a temporary restraining order and injunction to prevent Smith’s name from appearing on the ballot. In her legal filing, Fawkes asserts that the board’s decision was beyond its legal jurisdiction and calls for the court to reaffirm the supervisor’s exclusive authority over candidate eligibility.