The Virgin Islands Department of Justice (VIDOJ) has issued a legal opinion in response to a request from the Board of Elections regarding whether election officials are required to maintain a separate ballot box for voters who prefer their ballots to be hand counted rather than processed through the electronic ballot scanner used at Vote Centers. 

After reviewing the applicable provisions of the Virgin Islands Code and relevant case law, the VIDOJ concluded that the Elections System of the Virgin Islands (ESVI) is not required to provide a separate ballot box for voters who decline to use the electronic ballot scanner. The electronic ballot scanner currently used by ESVI is a stand-alone device with no internet connectivity. Once a ballot is scanned and tabulated, it is deposited into a secure ballot compartment within the machine, where it is preserved under seal for retention, audits, recounts, and other election-related purposes. 

Because the law does not require a separate ballot box for such purposes, the Department of Justice concluded that ballots are properly cast through the approved voting system and securely retained within the ballot compartment incorporated into the tabulating machine. 

The legal opinion was issued following a review of relevant statutory provisions, including Title 18 of the Virgin Islands Code, and applicable Virgin Islands court decisions interpreting election laws and principles of statutory construction. 

“The Department of Justice’s opinion confirms what the law has always required: that ballots cast through ESVI’s certified voting system are legally cast, securely retained, and fully available for audits and recounts,” said Caroline F. Fawkes, Supervisor of Elections. “Our focus remains on conducting elections that are secure, transparent, accessible, and compliant with Virgin Islands law.” 

Remember Your Voice is Your Vote and Your Vote is Your Voice