Governor seeks broad legal guidance to support consistency, transparency and public confidence in the Virgin Islands election process
U.S. VIRGIN ISLANDS — Governor Albert Bryan Jr. has sent follow-up correspondence to Virgin Islands Attorney General Gordon Rhea clarifying and superseding an earlier request made this week regarding election law, ballot access and candidate certification procedures in the Virgin Islands.
In his July 9 correspondence, Governor Bryan refined the scope of his request to focus on broader legal questions concerning the administration of elections in the Territory. The Governor is asking the Attorney General’s Office to issue a formal opinion on the statutory and constitutional framework governing the powers of election officials, the procedures for candidate certification, the standards for ballot access and the transparency requirements that apply when the Board of Elections conducts public business
The clarification is intended to ensure that election officials, candidates and voters have clear legal guidance on the rules and procedures that govern access to the ballot.
“These are questions about process, procedure and public confidence,” Governor Bryan said. “The people of the Virgin Islands deserve election rules that are clear, consistently applied and fully understood by those who administer our elections, those who seek public office and those who cast their ballots.”
Governor Bryan’s correspondence asks the Attorney General to address the respective statutory and constitutional authority of the Board of Elections and the Supervisor of Elections in matters involving the certification, removal, reinstatement or disqualification of candidates for public office. The request also seeks guidance on what procedural protections may be required before a certified candidate can be removed from the ballot.
The Governor is also seeking legal clarity on nomination petition requirements and the effect of petition reviews once a candidate has submitted a sufficient number of valid signatures to satisfy the statutory threshold for ballot access. The opinion would help clarify how election officials should treat additional petition challenges or reviews when the legal threshold for qualification has already been met.
The correspondence further asks the Attorney General to examine whether laws or regulations that substantially increase the burden of obtaining ballot access, including significantly higher signature requirements or requirements that signatures be gathered from each legislative district, are consistent with the United States Constitution, the Revised Organic Act of the Virgin Islands and other applicable law.
Governor Bryan also requested guidance on issues involving the Virgin Islands Open Meetings Act, executive session and transparency. Specifically, he asked whether the Board of Elections may deliberate in executive session on the legal sufficiency or eligibility of a candidate and then vote in open session on certification or disqualification. He also asked what matters may lawfully be discussed in executive session when the Board is considering candidate eligibility, certification or removal from the ballot.
The Governor said the purpose of the clarified request is to promote certainty, fairness and public trust in the electoral process, particularly in areas where legal uncertainty may affect voter choice, candidate access and the conduct of public business.
“Elections are not strengthened by uncertainty,” Governor Bryan said. “When questions arise about who has authority, what process is required and how the law should be applied, the responsible course is to seek clear legal guidance. That guidance should serve the public and strengthen confidence in the system.”
Governor Bryan emphasized that the request is institutional in nature and is intended to assist in the consistent administration of election laws across the Territory.
“The integrity of our elections depends not only on the outcome of an election, but on the public’s confidence that the process is fair, transparent and grounded in law,” Governor Bryan said. “This request is about protecting that confidence and ensuring that the rules governing ballot access are applied clearly, fairly and consistently.”
Governor Bryan requested that the Attorney General’s Office issue the formal opinion at its earliest practicable opportunity.
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