ST. THOMAS, VI – The Committee on Government Operations, Veterans Affairs and Consumer Protection, chaired by Senator Avery L. Lewis met in the Earle B. Ottley Legislative Hall. Lawmakers received an update on the operations of the Board of Elections, including but not limited to enabling law and jurisdiction, current challenges and a plan of action to resolve the challenges. Lawmakers also considered measures that would provide the process for political parties to choose their nominees for public office, as well as a measure that would clarify the powers of the Supervisor of Elections and the Board of Elections. 

Raymond Williams, Chairman of the Board of Elections stated that he had previously attempted to have a meeting regarding the issues, but it was not successful, due to a lack of a quorum. Caroline Fawkes, Supervisor of Elections said that Under the Revised Organic Act of 1954, the Supervisor of Elections serves as a constitutional officer and Virgin Islands Law. The Supervisor’s key responsibilities include managing voter records, certifying candidates, training election personnel, safeguarding elections systems and data, handling absentee ballots, ensuring accessible voting centers, maintaining election statistics, and overseeing financial records related to elections. Fawkes said that elections are not a single event, but multiple events. Elections are normally planned 18-24 months before polling day. Fawkes urged the modernization of Title 18 of the Virgin Islands Code, which is responsible for elections law in the territory, now outdated, and requires updating. She recommended that disclosure and limitations on campaign contributions should be increased to $3,500, up from its current $1,000. A recommendation was also made to increase the limitation on contributions to any candidate or authorized political committee from $1,000 to $3,500. Fawkes said that both items had not been updated in more than thirty years. 

Recommended updates to Title 18 by Fawkes included adding “run-off elections”, as it is currently considered a second election, and “initiative”, which would allow citizens to propose new statutes or constitutional amendments, “referendum”, which would allow citizens to challenge legislation passed by the Legislature by placing it on the ballot for public votes, and “recall”, which would allow the removal of a public official before the end of their term.  Fawkes also recommended that the “recount” provision be revised, which would be used to retabulate the accuracy of election results, especially with narrow margins. Fawkes also voiced concern over emerging threats, such as spyware, especially towards to female electoral officers, which can be used to smear campaigns, extortion, and doxing. She also voiced alarm over the rise of generative AI, as well as harassing and hostile environments.  

Fawkes said that many challenges remained within the Office, such as educating citizens, and inspiring participation. Additionally, recruitment of election officials has become challenging. The usage of public schools as voting centers has also presented logistical and environmental challenge, such as broken air conditioning, creating uncomfortable conditions, and insufficient electrical outlets, preventing usage of essential equipment. Fawkes also urged voters to seek information from official outlets to combat misinformation.  

Chairman of the Board of Elections Raymond Williams also voiced the need to amend Title 18, calling it imperative that the Members of the Board of Elections look at the sections of the code that need to be amended. Chair Lewis, voicing frustration over issues with the Board of Elections, said that “We can’t continue business like this because each meeting is a cost to the people.” Lewis furthermore mentioned to Board Chairman Williams, “You and the members really got to tighten it up and get serious.”  

Senators also considered Bill No. 36-0071, An Act amending title 18 Virgin Islands Code, section 232 to provide the process for political parties to choose their nominees for public offices. The measure was proposed by Senator Alma Francis Heyliger.  

A letter read into the record from Caroline Fawkes, Supervisor of Elections offered no testimony on the proposed measure, saying that the Office had no position on the proposed measure, but would comply with the outcome of the legislation. Carol Burke, Chairwoman of the Democratic Party of the Virgin Islands said that the measure would advocate for electoral integrity and legal clarity in the Virgin Islands, emphasising the significance of respecting constitutional boundaries, political party autonomy and transparent governance. A ruling by Judge Robert Molloy on January 10, 2024, invalidated vague and overreaching provisions of Title 18 of the Virgin Islands Code, saying that government bodies cannot interfere in the internal affairs of political parties or dictate election procedures. Burke called for legislative reform, clarifying roles and defining key terms, and ensuring voter protections to create a fair, transparent, and constitutionally sound electoral framework. Burke said that the reforms are not partisan, but necessary to restore public trust, prevent confusion, and uphold democratic principles. While Burke said the measure was a step in the right direction, she said the measure required more work. She called for amendments to existing laws, including revising Title 18 to provide clear legal pathways and safeguard democratic freedoms.  

Lawmakers also considered Bill No. 36-0073, An Act amending title 18 Virgin Islands Code, chapter 1, section 4, and title 18 Virgin Islands Code, chapter 3, section 41 relating to the powers of the Supervisor of Elections and the Board of Elections. The measure was proposed by Senator Alma Francis Heyliger. The proposed measure would amend Title 18 Virgin Islands Code, Section 4 to clarify that the Supervisor of the Elections and the Deputy Supervisor of Elections may appeal their removal to the Superior Court of the Virgin Islands, that there is a singular Board of Elections, and not two district Board of Elections and gives the Board of Elections explicit authority to overrule decisions of the Supervisor of Elections.   

After further deliberation and discussion by lawmakers, both Bill 36-0071 and Bill 36-0073 died in Committee after a lack of a second.  

Senators present at today’s Committee hearing included Avery L. Lewis, Novelle E. Francis, Jr., Ray Fonseca, Alma Francis Heyliger, Kenneth L. Gittens, Franklin D. Johnson, and Carla J. Joseph. 

The Division of Public Affairs is committed to providing the community with accurate information on legislative proceedings and other events at the Legislature of the Virgin Islands. Visit legvi.org.  

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