The V.I. Joint Boards of Election on Friday directed Supervisor of Elections Caroline Fawkes to write the Legislature asking it to quickly change laws requiring buttons and photos of candidates at the voting booth, so the territory can use its new digital vote tabulators afoul of the law.
The request stems from a legal opinion Fawkes sought from Attorney General Vincent Frazer, clarifying the existing law. The new ES&S DS200 digital scan machines meet most aspects of federal and local law, but not all, according to Frazer.
"Since the language of the statute is clear … requesting the Legislature amend (the law) to delete the language referring depressing the button or buttons opposite the party emblem or candidate … and remove the requirement for a photograph of the candidate … appears to be necessary," Frazer wrote.
The Joint Boards, which comprise members of both district boards of elections, authorized Fawkes to craft a letter to Senate President Shawn-Michael Malone and to each individual senator. The letter will ask the Legislature to change the law in the fashion Frazer said was necessary.
The members worked to finalize the 2014 election calendar on Friday, but questions about whether the draft calendar comported with recent changes to election law led members to plan to meet again next week.
St. Croix member Rupert Ross said the draft calendar listed May 18 as the deadline for candidates to withdraw. But despite changes to the law last autumn, Ross said his "recollection is the deadline for withdrawal of nominated candidates is after the drawing of lots. Other than that I have no problem with the calendar," he said.
Ross later explained that having lots drawn later is better because it would prevent occasional problems where lots are drawn, a candidate then starts advertising based on the number they drew, then other candidates withdraw, forcing the Election System to change the ballot numbers.
The board directed Fawkes to determine when and where teleconferencing may be available next week so it can meet without members having to travel and they can vote to finalize the calendar as soon as these last issues are researched and addressed.
Meanwhile, last year’s changes to election law do appear to address Ross’s concern, but also appear to require some changes to the Joint Board’s draft calendar. Act 7565 changes the filing time for nomination to the second Tuesday in May by 6 p.m.; the withdrawal date of candidates to the fourth Wednesday in May; and casting of lots to the fourth Friday in May.
The draft calendar before the Joint Boards lists the withdrawal date as May 18, which appears to conflict with the act. [Act 7565]
In other business, the Joint Boards voted to have deputy supervisors of election Genevieve Whitaker and Nefrediezha Barbel meet with Fawkes in the next two weeks to discuss salaries and job requirements. They directed Fawkes to prepare written job descriptions and to recommended salaries and a form by which to evaluate their performance within 30 days.
Voting yes on the motion were Lydia Hendricks, Alecia Wells, Liliana Belardo de O’Neal, Lisa Harris, Roland Moolenaar, Ross and Raymond Williams. Voting no were Claudette Georges, Wilma Marsh-Monsanto, Adelbert Bryan and Glenn Webster. Absent were Larry Boschulte, Harry Daniel and Arturo Watlington.
St. Thomas member Georges left the meeting, held at Gov. Juan F. Luis Hospital, after the vote, to catch a flight to return to St. Thomas. Ross began discussing an outstanding legal bill due to attorney Scot McChain, but a Ross began his discussion, Marsh-Monsanto abruptly got up and left without explanation, and Bryan immediately called for a quorum call.
The quorum call found only two members from St. Thomas present, while three members are required from each district. As a result, the meeting was immediately adjourned without action on the payment to McChain.