Court Dismisses Lawsuit Filed by V.I. Supervisor of Elections Against Board of Elections

Supervisor of Elections lacked authority to sue the BOE without AG's enforcement, marking a decisive stance on government’s internal disputes and upholding the principle that executive branch conflicts should not be brought before the judiciary.

The V.I. Superior Court has dismissed a lawsuit filed by the Supervisor of Elections, Carolyn F. Fawkes, against the Board of Elections and its members, who voted to place candidate Ida Smith’s name on the ballot. V.I. Attorney General Gordon C. Rhea announced the dismissal on Wednesday, which was finalized on November 12 following a Memorandum Decision and Order issued by the court on November 8.

The court ruled that as a government employee, Ms. Fawkes did not have the independent authority to sue without explicit authorization, which she did not have in this case. Instead, any legal action of this nature would require enforcement authority from the Attorney General of the Virgin Islands. Furthermore, the court determined that Fawkes could not proceed with the lawsuit in her capacity as a taxpayer, stating that she had not demonstrated any injury affecting a "substantial right."