V.I. AG Says Elections Supervisor Can Investigate and Disqualify Candidates, but Due Process Is Required

Attorney General Gordon Rhea has concluded that the Supervisor of Elections has the authority to investigate candidate nomination filings and disqualify candidates deemed ineligible, while also finding that those removed from the ballot are entitled to notice, an opportunity to appeal and access to the courts. The August 24 legal opinion responds to a second request from Governor Albert Bryan Jr. for clarification on several areas of Virgin Islands election law. The governor’s inquiries followed questions raised by Matthew McClafferty, whose candidacy for Delegate to Congress was disqualified and who is now challenging that decision in federal court. At the center of the dispute is whether Elections Supervisor Caroline Fawkes has authority not only to review nomination paperwork, but to investigate alleged irregularities and remove candidates based on what those inquiries uncover. Mr. Rhea concluded that she does. “The Legislature intended for the Supervisor to be able to exercise...