At a Virgin Islands Board of Elections meeting Wednesday, a legal question involving Senate hopeful Brett “Mac” McClafferty took center stage as Supervisor of Elections Caroline Fawkes confirmed she has asked the territory’s top law enforcement official to weigh in on his eligibility to run for public office.
Fawkes told board members she forwarded a letter from Whiteford, Taylor & Preston LLP attorney Bradley Lehman to V.I. Attorney General Gordon Rhea, along with a letter of her own requesting legal review.
In his April 16 letter to Fawkes, Lehman formally asked the Elections System of the Virgin Islands to affirm McClafferty’s eligibility to run for the Legislature, arguing that he meets all requirements under the Revised Organic Act despite questions raised about his past legal history. Lehman stated that McClafferty is a U.S. citizen, over the age of 25, a qualified voter, and has been a bona fide resident of the territory since February 2021—criteria that are not in dispute.
The letter contends that the only issue at hand—whether McClafferty has a disqualifying criminal record—does not bar his candidacy. While acknowledging prior felony indictments in Ohio, the attorney said those convictions were overturned on appeal and ultimately resolved through misdemeanor pleas, which do not result in the loss of civil rights. The filing further argues that even if felony convictions were considered, Ohio law restores civil rights upon completion of a sentence, and raises additional questions about whether the Revised Organic Act applies to convictions outside the Virgin Islands or could face constitutional challenges. Based on those points, the attorney maintains that McClafferty is qualified to seek and hold office in the territory.
Previous reporting by the Source, other local media outlets, and national media has indicated that McClafferty was convicted of multiple felony offenses in Ohio and served prison time, though his Lehman argued those convictions were later overturned or resolved as misdemeanors and do not disqualify him under the Revised Organic Act.
In her correspondence, sent Tuesday, Fawkes asked the Attorney General’s Office to verify claims made in Lehman’s letter and provide formal guidance by May 19 — the deadline for political aspirants to file nomination petitions.
The request introduces a time-sensitive legal question, with potential implications for candidate eligibility ahead of the 2026 election cycle.
McClafferty’s candidacy comes amid ongoing bankruptcy proceedings and related legal disputes tied to his business dealings. According to recent reporting by the Source, court filings show bankruptcy trustees and creditors are disputing his claims regarding financial obligations and business practices, including allegations that investor funds were misused. McClafferty has denied wrongdoing and maintains that the claims remain unproven and contested in court. In a separate criminal matter tied to a complaint initiated by Banco Popular, he was arrested in connection with an alleged fraud scheme involving counterfeit checks and returned bank drafts; police allege transactions totaling approximately $888,500 moved through associated accounts. McClafferty has denied involvement, and the charges remain pending before the courts.
The issue also surfaced amid a broader and often tense discussion among board members over authority, governance and the role of the Elections System.
Chaired by Raymond Williams, the meeting included debate over who holds ultimate authority over elections in the territory — the Board of Elections or the Supervisor of Elections — as well as concerns about communication and policy direction.
Members reiterated that under Virgin Islands law, the Board of Elections is the policy-making body with authority over the conduct of elections, though some argued that, in practice, that authority has become blurred over time.
Legal context was discussed with input from Ariel Smith of the Virgin Islands Department of Justice, as members examined questions surrounding certification authority and administrative responsibilities.
The board continued on to regular business, including the introduction of new member Franz Christian Jr., who said he is committed to strengthening public trust, increasing voter turnout and ensuring transparency.
“I look forward to working together to build a more transparent and accountable electoral process,” Christian said.
The board also grappled with filling its secretary position, left by the departure of former member Florine Audain-Hassel.
Members debated whether the role had already been filled at a previous meeting, with some insisting that no formal vote had taken place and others arguing the position had effectively been decided. The disagreement prompted a formal motion to open nominations and proceed with an election.
As nominations were put forward, members Barbara LaRonde and Cornelius Jason Baptiste indicated their willingness to serve.
A motion by member Lilliana Belardo de O’Neal to conduct the vote by secret ballot was rejected. A roll call vote followed, with LaRonde receiving five votes to Baptiste’s four before the process was interrupted to move into executive session.
The board recessed the voting process to hear from Ariel Smith of the Department of Justice, with plans to return to the matter afterward. After the executive session Williams announced LaRonde’s position as secretary.
Fawkes later reported that approximately 44% of the Elections System’s $2.5 million budget has been spent, with just over $1.3 million remaining. She also outlined ongoing maintenance of voting equipment and upcoming testing ahead of the election cycle.
