The V.I. Board of Elections entered into a consent decree Friday with the U.S. government, which had gone to court to force the territory to comply with the terms of the Uniformed and Overseas Citizens Absentee Voting Act, known as UOCAVA, and extends the deadline by which the absentees can be returned.
The agreement was announced in a statement released late Tuesday by Supervisor of Elections John Abramson Jr. No one from the office was available to explain the details or answer questions.
According to the statement the U.S. had filed a complaint in District Court alleging the Virgin Islands had failed to transmit absentee ballots to military and overseas voters at least 45 days before the primary, which will be held Saturday, and thus will be unable to transmit absentee ballots to UOCAVA voters by the required 45 days before the general election.
The federal law applies because the primary for the delegate to Congress, a federal office, is contested.
The statement did not say what department or office of the U.S. government filed the complaint.
The consent decree was entered into by the U.S. government, the V.I. Joint Board of Elections, the district Boards of Elections for St. Croix and St. Thomas/St. John, and the supervisor of elections, according to the statement.
Under the decree, the territory agreed to transmit absentee ballots by the day of the agreement, Friday, Aug. 31, to all UOCAVA voters who had requested them by July 25. The deadline for accepting the absentees from UOCAVA voters has been extended until Sept. 25 and the results of those absentees will be added to the results of Saturday’s vote.
The decree also gives UOCAVA voters the option of returning their ballots by fax, email, or U.S. Postal Service Express Mail at no cost to the voter.
The Elections Office also agreed to send absentees for the Nov. 6 general election no later than Oct. 2. With the extension of time for return of the primary absentees, this gives the Elections staff a narrow window in which to certify the results and prepare the general election ballot.
The consent decree also requires elections officials to receive training in the requirements of UOCAVA and imposes reporting requirements on the territory regarding its compliance.
In May, Gov. John deJongh Jr. vetoed two modifications to election law aimed at helping the territory comply with the federal Uniformed and Overseas Citizens Absentee Voting Act and Military Overseas Voter Empowerment Act, saying their timing makes them a violation of federal statutes that restrict amendments to election law before elections.
In June, the Legislature overrode those vetoes. Whether these actions helped ameliorate or exacerbate the situation leading to the current consent decree remains unclear pending more information from Elections.
UOCAVA voters who have questions or need additional information can contact the Elections office on St. Croix at 1-340-773-6309 or St. Thomas at 1-340-774-4107. Questions can also be sent by email to electionsys@unitedstates.vi.
