In a recent ruling, the Superior Court of the Virgin Islands has dismissed the lawsuit filed by Supervisor of Elections Caroline Fawkes against the Board of Elections and its members, who had voted to include candidate Ida Smith on the ballot for delegate to Congress.
The court’s decision, issued on Nov. 8 and leading to the dismissal on Nov. 12, underscores the limitations of authority for government officials acting independently within their roles, according to a Justice Department release Wednesday.
Fawkes initiated the lawsuit after disqualifying Smith’s candidacy in June, citing failure to meet residency requirements due to dual voter registration in New York and the Virgin Islands. However, the Board of Elections overruled this disqualification on Sept. 4, following a legal opinion from Attorney General Gordon Rhea, who asserted that eligibility criteria for delegate to Congress fall under federal jurisdiction rather than local law.
The court found that Fawkes, as a government employee, lacked the authority to sue independently without explicit statutory authorization or the enforcement backing of the attorney general.
Judge Yvette Ross Edwards stated, “a lawsuit by the Supervisor of Elections against the Board, both in their official capacities, is a suit by the Government against the Government.”
Additionally, the court determined that Fawkes could not proceed as a taxpayer plaintiff, as she failed to demonstrate an injury to a substantial right. The ruling also emphasized that she had no statutory authority to retain private counsel for this matter.
In Wednesday’s release, Rhea expressed satisfaction with the outcome, stating, “It would be absurd to allow the government to sue itself.” He highlighted the importance of maintaining the constitutional separation of powers, preventing executive branch members from resolving internal disagreements through the judiciary.
The legal dispute arose amid the 2024 election cycle, and despite the legal challenges, Smith remained on the ballot, with the election proceeding as scheduled. According to the unofficial results, Stacey Plaskett secured reelection with 73 percent of the vote, while Smith garnered 16 percent, and candidate Ronald Pickard received 11 percent.
