“Chucky” Hansen Takes Recount Battle To Supreme Court

Sen. Alicia “Chucky” Hansen is taking her recount petition case to the highest court of the land, following the Superior Court of the Virgin Islands’ decision to strike down Hansen’s arguments and rule in plaintiff Sen. Nellie Riveria-O’Reilly’s favor, after O’Reilly contended that the embattled senator was not an eligible candidate to be on the Nov. 4 General Election ballot, therefore should not be permitted to seek a recount. O’Reilly also sought Action for Mandamus against BOE, citing discrepancies and other infractions in the Board’s attempt to conduct the recount.

In his written Opinion denying Hansen the recount, Superior Court Justice Harold Willocks said, based on the Court’s findings, “Hansen is not a “candidate” as defined by Title 18 of Virgin Islands Code. Because Title 18, Section 629 (a) only states that a petition for a recount may be filed by a “candidate,” Hansen does not have a right to petition the Board of Elections for a recount of her votes.”

However, speaking on Alivin Gee’s radio news broadcast this morning, Hansen’s attorney, Lee Rohn, said that Judge Willock’s ruling is inconsistent with evidence provided in court.

“Today we filed an appeal to the Virgin Islands Supreme Court, we feel that it is flawed that someone could be declared by the Supreme Court not to have been damaged by the decision to remove at the last minute from the ballot, because she could run a write-in candidacy, and then when she did and her votes weren’t counted, not be a candidate to demand that her votes be counted.  That appears to be totally inconsistent,” Rohn said.

Since the 31st Legislature takes office on January 12, 2015, a decision by the Supreme Court to hear the case could be made soon, so as to prevent disruption of the incoming Legislature’s inauguration.

For a timeline of the “Chucky” Hansen saga, go here.