Board of Elections Sued By Hansen And Her Supporters

In what is mounting to be the political court battle of the ages in the Virgin Islands, attorney Lee Rohn has filed a petition with the Superior Court on behalf of five clients who have signed petitions for Senator “Chucky” Hansen’s name to appear on the November 4 General Election ballot.

According to Rohn, the Governor’s pardon wiped Hansen’s slate clean, clearing the way for the candidate to appear on the General Election ballot. Elections Supervisor Caroline Fawkes and the Joint Board of Elections have decided not to include Hansen’s name on the ballot, a move Rohn says disenfranchises those who wish to vote for the senator.

The plaintiffs, Anneth Evelyn, Tyrone Hendrickson, Nancy Paulina, Glendaly Felix and Paul Payne, are seeking temporary, preliminary and permanent injunction directing the Joint Board of Elections and its Supervisor Caroline Fawkes to place Hansen back on the General Election ballot. The lawsuit also demands that the Joint Boards issue a declaration stating that the pardon  of Alicia Hansen issued by Governor de Jongh, Jr. is valid, and banishes any roadblocks preventing Hansen from seeking re-election.

Rohn also filed a similar complaint, as well as an emergency application for temporary restraining order, preliminary injunction order, preliminary injunction and permanent injunction, and declaration of relief on the behalf of Hansen on Monday.

Rohn said her clients’ “rights to be able to vote for “Chucky” Hansen have been removed from them as a result of the Board of Elections and Caroline Fawkes’ refusal to honor the Governor’s pardon.”

She continued: “I filed a similar injunction on the behalf of Chucky Hansen herself, on the deprivation of her rights to run as senator now that she has been pardoned and all of her legal rights have been reestablished for her, asking for this similar relief.

“We served Caroline Fawkes [on Monday] and the Attorney General’s office has also been served, and we’re hoping that the court sets this matter expeditiously so that the pardon of the Governor can be recognized as what it is: it’s as if Chucky Hansen were never convicted of that crime, and that the people of the Virgin Islands can once and for all decide who they want for their senators.”

Looking Back

On Tuesday, August 25th the Virgin Islands Supreme Court heard testimony by attorneys representing Senator Alicia “Chucky” Hansen, defendant, and Board of Elections Chairman Adelbert Bryan, plaintiff, concerning the legitimacy of the Senator’s candidacy and more pointedly her eligibility to seek office in the upcoming 31st Legislature of the Virgin Islands.

In Hansen’s defense, Rohn argued that the crimes Hansen was convicted of were misdemeanors; therefore, they did not fall under the ‘moral turpitude’ umbrella, the cause of the court action against Hansen. However, the prosecutor, attorney Emile Henderson, contended that Hansen’s crimes were indeed acts of moral turpitude because the Senator’s actions were “willful,” a term used when determining moral turpitude.

On Thursday, August 28th the Supreme Court of the Virgin Islands ruled against Senator “Chucky” Hansen, barring her name from appearing on the November 4 General Election ballot, effectively disqualifying her from seeking office in the 31st Legislature.

While the Supreme Court’s decision has barred Hansen from seeking re-election, the governor’s pardoning of the senator has opened the door for a flood of legal battles, the first of which appears to be Hansen’s lawsuit against the Joint Board of Elections and its Supervisor, Caroline Fawkes.