ST. CROIX — Senator Positive Nelson is hiring St. Croix attorney Trudy Fenster in his battle against the Election System of the Virgin Islands, which rendered Mr. Nelson’s candidacy for governor defective, with the senator’s running mate, Gary Udhwani, being the main cause for the disqualification.
During a press conference last week at Gertrude’s Restaurant, the senator said his running mate was deemed ineligible because of filing issues. The system contends that Mr. Udhwani’s nomination was defective because though he filed on May 8, which was the last day for filing, some of the petitions were dated on April 11 — well before Mr. Udhwani’s filing, which is a violation of the nomination process.
Mr. Nelson said he was not notified of his defective candidacy as local law dictates. According to Virgin Islands Code § 411, Section C, “When a nomination petition, nomination paper or nomination certificate is found to be defective, the candidate shall be notified immediately by special messenger with the reason or reasons therefor. If a new, valid petition, paper or certificate is not filed within three days thereafter, the candidate shall be disqualified for nomination or election.”
But the senator said he was not notified at all by Mrs. Fawkes about his defective nomination. The 2018 certified candidates list did not include the senator and his running mate.
Mrs. Fawkes said while a notice of defect could be issued, a registration cannot be cured. But Mr. Nelson is not relenting as he feels he has not been given a fair opportunity in the matter.
Tags: Gary Udhwani, positive nelson
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