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Introduction 1 Good afternoon, Honorable Chairman Avery L. Lewis, 2 distinguished members of the Committee, colleagues, members of 3 the press, and the public. My name is Caroline F. Fawkes, 4 Supervisor of Elections for the Virgin Islands. A Certified Elections 5 Registration Administrator (CERA). 6 I appreciate the opportunity to once again appear before you to 7 provide testimony on Bill No. 36‑0187, which seeks to mandate the 8 hand-counting of some ballots. 9 Summary of the Bill: 10 Bill No. 36‑0187 would amend Title 18, Virgin Islands Code, 11 Chapter 23, Section 622, to require that votes deposited in a 12 ballot box be counted by hand. The bill also imposes new 13 visibility, location, and timing requirements for ballot counting. 14 The proposal eliminates electronic tabulation without explanation 15 and fails to establish basic standards required to administer 16 elections responsibly. 17 While the goal of safeguarding election integrity is shared by 18 ESVI, this bill—as written—would undermine accuracy, 19 consistency, security, and public confidence in our elections. 20 ESVI opposition is based solely on its inevitable consequences. 21 Core Concerns 22 First, the bill mandates hand counting while eliminating 23 electronic tabulation without identifying any flaw in the current 24 system. It provides no standards for determining voter intent, 25 resolving ambiguous marks, or reconciling discrepancies. 26 Without uniform rules, hand counting virtually guarantees 27 inconsistent results and increased human error, especially in 28 complex elections. 29 Second, the bill prohibits marking or tally tools—removing the 30 very safeguards that ensure accuracy and auditability. 31 The result is a recipe for confusion, confrontation, and security 32 risks, leaving election officers without clear authority to maintain 33 order. 34 Third, the bill prohibits ballots from being removed from the 35 “immediate vicinity of the polls.” That phrase is undefined and 36 unenforceable. It ignores space limitations, crowd control, and 37 secure handling, and it invites inconsistent application across 38 precincts—undermining chain‑of‑custody and increasing legal 39 vulnerability. 40 Fourth, the bill forbids counting before 8:00 p.m., even though 41 polls close at 7:00 p.m. This mandatory one‑hour delay is 42 unexplained and unjustified. It solves no identified problem and 43 would only delay results and erode public confidence. 44 Structural and Legal Defects 45 The bill amends a single section of law without any conforming 46 changes, implementation standards, or administrative guidance. 47 Under current law, ballots are tabulated using the DS200 48 system, which produces voter‑verifiable paper records and 49 supports secure audits—delivering accuracy, transparency, and 50 efficiency. 51 Ballot Tabulation of the DS200 52 The ES&S DS200 is a ballot scanning device. It is used in 53 jurisdictions in which voters hand mark paper ballots and/or use 54 ballot marking devices then hand-feed their paper ballots into a 55 scanner. Ballots can be inserted into the DS200 in multiple 56 orientations: face up, face down, header first, or footer first. The 57 device simultaneously scans the front and back of a paper ballot, 58 interprets voter marks, and communicates any issues that 59 require the voter’s attention back to the voter through an LCD 60 display. If the voter has marked too many choices in a race, the 61 display alerts the voter and offers the option to return the ballot 62 for correction. 63 The DS200 scanner can also scan and tabulate the summary/ 64 activation cards (or “ballot cards”) printed by ES&S ExpressVote 65 ballot marking devices (BMDs). ExpressVote-produced ballots 66 print a paper “summary/activation card” of the voter’s choices 67 with a barcode that encodes the voter choices. When the paper 68 record is hand-fed into the DS200 scanner, it scans the barcode 69 to interpret voter choices and record votes. 70 Because the DS200 device is a scanning device only and does not 71 have features that support marking choices on ballots, features 72 that may be helpful to voters with disabilities are limited; the 73 DS200 is not marketed as an “accessible voting device.” It does 74 not have an audio-tactile controller, and its audio features are 75 limited to only making different sounds as ballots are scanned or 76 returned to the voter when marks require additional attention. 77 Expressvote Voting Machine – An Electronic Marking Device 78 ExpressVote is a Universal Voting System that combines paper- 79 based voting with touch screen technology to create a 80 breakthrough in voting solutions for early voting centers and on 81 Election Day in precincts or in voting centers. 82 Election officials no longer must guess the number of ballots to 83 print. Instead, the Vote Session Activator is printed with a 84 barcode that determines the ballot style to display on the touch 85 screen. As a universal voting system, ExpressVote allows all 86 voters, including those with special needs, to cast their ballots 87 privately and autonomously. 88 ExpressVote can serve every eligible voter, including those with 89 special needs. As a fully compliant ADA (Americans with 90 Disabilities Act) voting solution, ExpressVote enables each voter 91 to cast his or her ballot independently. 92 Key Features: 93 Innovative Design 94 Complete independence by the voter as he or she casts their own 95 ballot 96 Selection changes will not spoil their voting session 97 Sip-and-puff capability for voters with disabilities 98 Official ballot provided in both audio and visual formats 99 Disabled and non-disabled voting can take place simultaneously 100 Voter Confidence 101 Produces verifiable vote record 102 Supports multiple languages 103 Convenience of a direct-recording electronic machine with the 104 peace of mind of a paper ballot trail 105 The ExpressVote machines are advanced voting systems designed 106 to provide accessible voting solutions. They combine touch- 107 screen technology with paper-based voting, allowing voters to 108 mark their choices on a touchscreen while ensuring a paper 109 record for tabulation. Key features include: 110 Accessibility: Designed for voters with disabilities, including 111 those with visual impairments, using audio instructions and 112 tactile keypads. 113 After the voter inserts their paper ballot (or summary/activation 114 card from the ExpressVote Machine) into the DS200 scanner, 115 they have a chance to review any potential mismarks that require 116 attention. After the voter cast their ballot, the DS200 scanner 117 pulls the ballot through a motorized feed and deposits the ballot 118 into an integrated ballot box. The DS200 device has tabulating 119 capabilities, and when the polls close, the DS200 can print out 120 the race results and other information on a paper tape. 121 When the voter has finished filling out their ballot, they should 122 check it to ensure their selections match their intentions. Next, 123 the voter feeds their ballot into the DS200 machine. After the 124 ballot is scanned and accepted, the voter’s ballot cannot be 125 redone. If the scanner is malfunctioning, voters should follow poll 126 worker instructions, which may include inserting the ballots 127 directly into the ballot box underneath the DS200 scanner. 128 As votes are entered, the DS200 stores the vote tallies on its 129 internal memory card. 130 When the polls close, the DS200’s internal printer prints out the 131 precinct’s vote report on paper. 132 The DS200 is coded to detect and notify the voter when it 133 encounters an overvoted race or issue on the ballot. An overvote 134 is when more than the allowed number of selections in a race or 135 issue has been marked. An audio alert will sound, and the 136 display will indicate that an over-voted race or issue was detected 137 and offer the voter two choices: “Accept” or “Return.” 138 If the voter selects Accept, the ballot will be counted, all properly 139 marked races and issues will receive the appropriate votes, and 140 the over-voted races and issues will receive an over-vote. The 141 individual candidates or issue choices in an over-voted race will 142 not receive any votes. 143 If the voter selects Return, the ballot will be returned uncounted, 144 and the voter may contact the election official and have the ballot 145 spoiled and receive a new one. 146 Overvoting should not be confused with undervoting. A voter 147 undervotes when they cast fewer votes for a particular office than 148 they are permitted to cast. No ballot or vote will be canceled 149 because of an undervote. 150 Now, let me take some time to explain tallying and the individual 151 contests on the US Virgin Islands Ballots: First we have two 152 separate ballots – which represents each district. 153 Tallying is a multi-step process ensuring accuracy, transparency, 154 and accountability. 155 A single ballot contains multiple independent contests 156 Each contest is tallied as if it were its own standalone election 157 Referenda are counted separately as Yes/No outcomes 158 Final results combine all contest-level tallies into certified totals. 159 Reconciliation ensures every ballot is accounted for. 160 Auditability is essential to election integrity. 161 Please see attached Appendix A – showing the process for hand 162 counting ballots. Media, please share the PowerPoint 163 presentation of three (3) slides. 164 Slide 1 – Electronic Ballot Tabulation Process - Seven (7) steps 165 Slide 2 - Hand Counting Ballot Process -Eleven (11) steps 166 Slide 3 - The 2026 Ballot Contests: 1- Governor/Lieutenant 167 Governor, 2 – Delegate to Congress, 3- Senator At Large, 168 4 – District Senators, 5 – Board of Education, 6- Board of 169 Education At Large, 7 – Board of Elections, 8 – Board of Election- 170 STJ, 9 – Referendum or Initiative equals nine (9) Contests. 171 I have also attached a Guide Cause of America - Precinct Hand 172 Count Procedures v1 by Col Shawn Smith for your review 173 explaining each step of the hand counting tallying process in 174 more detail than I can do in this Testimony. 175 During a recent managers’ meeting, I shared one of the best 176 practices I observed in Duval County in 2016. Building on that 177 discussion, I would like to formally present this proposal to the 178 Board of Elections for their consideration aimed at increasing 179 transparency in our election processes. As the policymaking 180 body, their review and approval are essential before any public 181 dissemination of this initiative. 182 Transparency is a cornerstone of public trust in the electoral 183 process. Enhancing transparency not only strengthens 184 confidence among voters and stakeholders but also reinforces the 185 integrity and accountability of our operations. By clearly 186 communicating procedures, ensuring visibility into key steps 187 such as testing of the voting equipment prior to each election, 188 vote tabulation, election night observation, 30 days after each 189 election an audit by the Board of Elections Members, and 190 aligning with proven best practices, we have provided greater 191 assurance that all processes are conducted fairly, accurately, and 192 consistently. 193 We are also committed to continuous improvement in 194 transparency. This means regularly evaluating our processes, 195 incorporating feedback from stakeholders, and adapting to 196 evolving best practices and technologies. By taking a proactive 197 approach to refinement and openness, we can ensure that our 198 transparency efforts remain effective, responsive, and aligned 199 with the highest standards of election administration. 200 “Transparency is a continuous commitment, not a one-time 201 action.” “Transparency is not just about visibility—it is about 202 clarity, consistency, and confidence in the process.” 203 For context, vote tabulation has been conducted at the Voting 204 Center since the introduction of this equipment in 2014. To 205 support my testimony, I have also attached three DS200 206 Tabulation Machine brochures, which provide step-by-step 207 details on both opening and closing procedures. 208 Conclusion 209 Electronic tabulation combined with paper ballots and audits is 210 the professional, legal, and proven standard. 211 Mandating hand counting of any number of ballots would: 212 Reintroduce human error 213 Increase delays and costs 214 Create security and legal risks 215 Undermine public trust 216 For these reasons, the Office of the Supervisor of Elections firmly 217 opposes Bill No. 36‑0187. The proposed measure threatens to 218 undermine the integrity, stability, and proven reliability of the 219 election systems currently in place. We remain committed to 220 preserving lawful, secure, and transparent electoral processes 221 that safeguard public trust and uphold democratic principles. 222 For these reasons, the Office of the Supervisor of Elections 223 strongly opposes Bill No. 36‑0187. Our current systems have 224 been carefully developed, tested, and proven to ensure elections 225 that are lawful, reliable, and tested, we remain steadfast in our 226 duty to preserve and defend them against measures that could 227 erode trust in our democratic institutions. 228 I would like to take this opportunity to highlight the upcoming 229 2026 Elections Events Calendar. 230 231 Your vote is your voice—and protecting that voice requires 232 accuracy, consistency, and the rule of law. I Thank You. 233 I am prepared to address any questions the honorable members 234 may wish to raise. 235 12-May (Tuesday) FIRST DAY on which NOMINATION PETITIONS/PAPERS may be filed from 12:00 Noon to 6:00 p.m. 18 VIC 410 19-May (Tuesday) LAST DAY on which NOMINATION PETITIONS/PAPERS may be filed by 6:00 p.m. 18 VIC 410 24-May (Sunday) DEADLINE for WITHDRAWAL of NOMINATED CANDIDATES 18 VIC 413 24-May (Sunday) DEADLINE for candidates for the same office with similar last surnames to request in writing that the occupation or residence be printed opposite his/her name on the ballot. 18 VIC 511 29-May (Friday) DEADLINE for filing substitute nomination certificates and papers. (As per ACT 7565 Amending T18 VIC SEC. 416). 18 VIC 416 (12:00 Noon) May 2026 (cont’d) 29-May (Friday) CASTING OF LOTS for position of names upon the official primary ballot at 5:30 p.m. – In Person. 18 VIC 351 June 2026 2-June (Tuesday) FIRST DAY for receipt by the Supervisor of Elections of applications for ABSENTEE BALLOTS FOR THE PRIMARY ELECTION. Supervisor 2-June (Tuesday) DEADLINE for receipt in WRITING by the Supervisor of Elections of their shortened form on which candidates whose name contains more than twenty-two (22) letters should be listed in the ballot. Notice of Defects. 18 VIC 501 2-June (Tuesday) PRIMARY CANDIDATES’ CERTIFICATION of NOMINEES by the SUPERVISOR OF ELECTIONS 18 VIC 420 17-June (Wednesday) All Federal ballots to be mailed out to Military and Overseas personnel. MOVE ACT OCT 2009 30-June (Tuesday) CAMPAIGN DISCLOSURE REPORT DUE 18 VIC 905 July 2026 2-July (Thursday) LAST DAY for REGISTRATION 18 VIC 94