Filed Date: June 11, 2018
Closed Date: Nov. 26, 2018
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This is a case alleging election mismanagement in the US Virgin Islands election for governor.
On June 11, 2018, an independent candidate running for governor of the U.S. Virgin Islands (USVI) and his running mate filed this suit against the USVI supervisor of elections and Virgin Islands Territorial Board of Elections in the District of the Virgin Islands. Pursuant to the election law of the Virgin Islands codified at 17 V.I.C. §93, once an elector is registered, they are not required to register again unless their registration is cancelled for failure to vote in two consecutive general elections. The Board must notify an elector of cancellation of an elector’s registration; after a notice is given, an elector is given 30 days to request restatement before their registration is officially cancelled. In this case, the Board failed to notify plaintiff that his elector’s registration had expired. After obtaining the requisite 100+ signatures for independent candidates, and filing papers for nomination of the Plaintiffs as candidates, plaintiff was told (on the day of the deadline to file as candidates) that he was not in the elections system. He immediately re-registered and his nominating papers were accepted. Two weeks later, Plaintiffs received a Notice of Disqualification, due to the fact that most of the signatures were obtained prior to plaintiff becoming a registered voter, and therefore he was not a qualified elector at the time of the signatures. Plaintiffs alleged violation of their constitutional rights to freely associate, to vote, to due process and fairness guaranteed by the First, Fourteenth and Fifteenth Amendments to the U.S. Constitution, made applicable to the Virgin Islands pursuant to 48 U.S.C.A. §1561 (Revised Organic Act). Plaintiffs sought injunctive relief enjoining the Defendants from disqualifying them from the 2018 elections along with declaratory relief stating they have met the requirements for placement on the ballot.
The parties engaged in mediation. On November 26, 2018, the court order approved a joint stipulation of dismissal. The parties agreed to withdraw all allegations and bear own costs.
The case is now closed.
Summary Authors
Alicia Tschirhart (7/5/2024)
For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/7177558/parties/nelson-v-fawkes/
Lewis, Wilma A (Virgin Islands)
See docket on RECAP: https://www.courtlistener.com/docket/7177558/nelson-v-fawkes/
Last updated Aug. 9, 2025, 9:05 p.m.
State / Territory: Virgin Islands
Case Type(s):
Special Collection(s):
Law Firm Antiracism Alliance (LFAA) project
Key Dates
Filing Date: June 11, 2018
Closing Date: Nov. 26, 2018
Case Ongoing: No
Plaintiffs
Plaintiff Description:
Candidate for election for governor of the U.S. Virgin Islands
Public Interest Lawyer: No
Filed Pro Se: No
Class Action Sought: No
Class Action Outcome: Not sought
Defendants
Supervisor of Elections, State
Case Details
Constitutional Clause(s):
Available Documents:
Injunctive (or Injunctive-like) Relief
Outcome
Prevailing Party: Unknown
Nature of Relief:
Preliminary injunction / Temp. restraining order
Source of Relief:
Form of Settlement:
Issues
Voting: