Judge Wilma Lewis has had enough of the legal gymnastics.
Per her order, the St. Croix Board of Elections (BOE) has until May 21 to respond to the lawsuit filed by the Virgin Islands Action Group (VIAG) related to the stalled recall initiative that would force a recall election for four of its members.
The order came after a last minute attempt by BOE Attorney Scot McChain to delay a request for an expedited hearing filed by the Virgin Islands Action Group, the sponsors of the recall initiative.
The VIAG had filed a request for an expedited hearing in the matter of their original lawsuit, filed after the Board refused to honor the results of their recall petition drive, which had been accepted by Supervisor of Elections John Abramson, following advice from VI Attorney General Vincent Frazer. The BOE then filed counterclaim motions designed to delay action in the hearing.
In response to the counterclaim, VIAG Attorney Yohana Manning filed a motion to dismiss the counterclaim and reinforced the VIAG claim by stating of the BOE attempt to delay, “irrespective of their “affirmative defense” and “counterclaim” they must set a recall election date.”
“When the law, as here, requires an agency to perform a purely ministerial act; it must act. Section 12(c) of the Revised Organic Act, orders the Board of Elections to set a recall election date, within 60 days of certification of the Supervisor of Elections, without any back talk. Instead, the Board refuses to follow the mandates and strictures of the law, therefore Plaintiffs seek an order from this Honorable Court compelling them to do so,” the motion states. Read more »





