A judge delayed the supervisor’s lawsuit against Ida Smith until after the election

The Justice Department VI, which represents the VI Election Commission in the Supreme Court on Monday, defended the board’s decision to put Ida Smith on the ballot for a delegate to Congress after she was disqualified by Elections Supervisor Carolyn F. Fox.

The case stems from a complaint Fox filed in mid-October, in which she argued that Ms. Smith’s nomination petition was legally flawed and asked the court to uphold her decision to disqualify the nominee. Fox’s original decision was based on local election law criteria that she said Smith’s documents did not meet. However, Smith appealed the disqualification, appealing to the Election Commission and arguing that Fox improperly applied local law, arguing instead that her eligibility should be judged based on the United States Constitution.

That disagreement delayed the board’s ballot approval process, prompting members to seek guidance from attorney general nominee Gordon Rea. In response, Rhee sent a letter advising the Board to put Smith on the ballot, arguing that eligibility criteria for a delegate to Congress fall under federal jurisdiction, not local law. Acting on Reya’s recommendation, the Electoral Council held a disputed meeting in early September and voted to reinstate Smith’s candidacy. The decision caused a direct conflict with Fox, who vowed to challenge the board’s authority, saying, “We’re going to court.”

October 17 Fawkes moved on on that promise by filing a lawsuit against the Board of Elections and its nine members who voted to add Smith’s name to the ballot. The lawsuit alleges that the board’s decision exceeded its authority, arguing that “the BOE attempted to render a simple and mandatory candidate qualification procedure invalid.” Fox’s attorneys cited Title 18, Section 411(b) of the Virgin Islands Code, which they argue gives the Supervisor of Elections exclusive authority to determine the qualifications of candidates. According to this section, if the inspector finds that the candidate does not meet the statutory requirements for the office, he has the right to disqualify the candidate and remove his name from the ballot.

Fox’s lawsuit also points out that Virgin Islands Code does not give the Election Commission any role in qualifying or disqualifying candidates or placing them on the ballot. The complaint alleged that the board’s actions undermined the oversight body’s statutory authority and sought a court order confirming that only the oversight body had the authority to determine eligibility under Title 18, Section 411(b). The lawsuit also seeks an injunction against the board and its members from changing the content of the newsletter in the future.

With early voting already underway at the time of the hearing, with hundreds of Virgin Islanders casting ballots that included Smith’s name, the timing of the lawsuit immediately raised concerns about the potential impact on the ongoing election process. Attorneys for the Justice Department argued Monday that Fawkes did not have the legal authority to file the lawsuit in her official capacity, arguing that the chief does not have the authority to “sue and be sued” and is acting under the supervision of the board.

The court accepted that argument, but refrained from ruling on Fox’s authority at the time, opting instead to continue debating the issue. In addition, the Justice Department expressed concern about Smith’s absence from the trial, arguing that as the candidate in question, she has a personal interest in its outcome. The court agreed, ruling that Fawkes must add Smith as a defendant in the suit before any further proceedings could begin. Consequently, the hearing was removed from the immediate schedule, giving Fawkes a week to amend her complaint.

Attorney General candidate Gordon Rea, who attended the hearing, supported the court’s decision, stressing the importance of ensuring that Election Day, which is less than 24 hours away, passes without interference. “It is important that the elections take place tomorrow without interruption,” Rea said. He also praised Assistant Attorney General Christopher Timmons for his representation.