A federal judge has denied Brett “Mac” McClafferty’s request for an emergency temporary restraining order restoring him to the delegate to Congress ballot, but will allow his broader challenge to proceed, setting an evidentiary hearing next month on whether the Elections System lawfully disqualified his candidacy.
The ruling, issued Thursday by District Court Judge Evan Rikhye, found that McClafferty’s request for immediate relief was procedurally deficient because he had not yet served the defendants, failed to provide the affidavit required for an ex parte temporary restraining order and did not certify his efforts to notify the Elections System before seeking emergency relief. The court did not rule on the merits of McClafferty’s claims.
Instead, Rikhye scheduled an evidentiary hearing for Aug. 26 on McClafferty’s request for a preliminary injunction, writing that “in light of the public interest and the nature of the relief sought,” the court found it appropriate to hear the matter.
The order represents the latest development in a dispute that began June 15, when Supervisor of Elections Caroline Fawkes disqualified McClafferty from the delegate to Congress race after concluding that irregularities in his St. Croix nominating petitions compromised their integrity.
Although McClafferty initially failed to submit enough valid signatures to qualify, he was later given an opportunity to cure those deficiencies. According to his court filings, deputy supervisors in both districts confirmed in writing that he had met the statutory signature requirements after submitting additional petitions.
Fawkes later determined that several petition sheets had been obtained through false or misleading representations, that some petitions were circulated with incomplete candidate information and that the designated petition circulator had not been present for every signature. The Board of Elections upheld her decision in a 7-2 vote on July 1.
McClafferty has denied those allegations, arguing that his campaign lawfully cured every deficiency and that the Elections System exceeded its authority by conducting a post-certification investigation rather than following the procedures outlined in Virgin Islands election law.
The dispute expanded into federal court after McClafferty filed suit against Fawkes and Board Chair Raymond Williams, seeking declaratory relief, damages and restoration to the ballot. He later filed an emergency motion asking the court to immediately suspend his disqualification while the lawsuit proceeds.
Following Thursday’s ruling, McClafferty characterized the decision as a procedural setback rather than a defeat.
“An emergency motion for a TRO is an extraordinary motion, and we respect that the Court denied such motion on procedural grounds,” he said in a statement. “However, as I am not a candidate in the upcoming primary election, we believe the Aug. 26 hearing set by His Honor — granting us a hearing on preliminary injunction — is a huge win for our campaign and for the rule of law that gives us ample time to return to the ballot in accordance with the law.”
McClafferty also said the schedule leaves time for Attorney General Gordon Rhea to issue the legal opinion previously requested by Gov. Albert Bryan Jr., adding that he believes the court could take judicial notice of that opinion if it is issued.
“All-in-all we are pleased with the Court’s ruling, and look forward to our day in court,” he said.
Offer to Settle
Less than a day after the ruling, McClafferty sent a letter to Williams and Fawkes offering to dismiss the federal lawsuit if the Board of Elections agrees to reconsider his disqualification at a special meeting reportedly scheduled for Monday.
The offer comes after Rhea formally declined to have the Justice Department defend the board in the litigation, citing concerns that doing so could create questions about the department’s impartiality because it is simultaneously prosecuting McClafferty in an unrelated criminal case and could later be asked to investigate election matters arising from the same dispute.
In his letter, McClafferty argued that circumstances have changed since the board’s July 1 vote, pointing to Bryan’s recent opinion piece questioning whether election laws have become barriers to ballot access, as well as Bryan’s request that the attorney general examine questions surrounding the authority exercised by the Elections System during the disqualification process.
“As I previously stated, it was never my intent to get into litigation with the ESVI/BOE — and I did everything in my power to avoid having to take legal action,” McClafferty wrote.
He offered what he described as an “olive branch,” saying that if the board votes to certify his candidacy upon reconsideration, he would “immediately dismiss” the lawsuit in its entirety.
McClafferty argued that doing so would allow the board to avoid spending public money on outside legal counsel while allowing voters – not litigation – to decide whether he should serve as delegate to Congress.
“This is an unnecessary legal fight and expense for the BOE when we can simply let the voters decide,” he wrote. “I pray that everybody can put ego aside and let common sense prevail in the interest of the public.”
The offer remains open through the adjournment of Monday’s special meeting, according to McClafferty’s letter.
Meanwhile, Rikhye ordered McClafferty to serve the court’s order on the defendants by July 24 and directed both sides to exchange exhibits before the Aug. 26 evidentiary hearing, where the court will consider his request for a preliminary injunction.
