Basil Ottley's eligibility
Has anyone heard that an issue was raised? The campaign has posted some declarations of eligibility as though it were questioned.
Can anyone answer two things they did not address:
1. Has Basil voted here in the last 3 elections
2. Has he ever voted while living in the states since 2008?
And can anyone confirm that Diase lost her case and if so why?
There was an article in today's Avis but it did not answer your questions. The information was pretty sparse.
- Ottley meets the residency/domicile residency requirements set out in Section 11 of the 1954 Revised Organic Act;
- Ottley has been eligible to vote in the last five years in the U.S. Virgin Islands and, in fact, has voted in a primary or general election or both every election year since 2008;
- Since first registering to vote in the U.S. Virgin Islands in 1984, Ottley has never voted or registered to vote anywhere else except the U.S. Virgin Islands;
- Ottley has owned and maintained his family home in St. Thomas for more than five years throughout that period. His home has not been rented out and has been available for his use, and has been used, throughout the period;
- Ottley meets every relevant definition of what constitutes a resident of the U.S. Virgin Islands including that set out in 18 VIC 262, which deals with “residence defined” for a registered voter;
- Ottley has been employed in a public service position with the Department of Interior for the last five years.
Per the source http://stcroixsource.com/content/news/local-news/2014/07/08/ottley-eligible-campaign-insists
Bona fide residents of the Virgin Islands - FOR TAX PURPOSES:
The American Jobs Creation Act of 2004 imposed new rules for determining who is a bona fide resident of the Virgin Islands. Beginning in tax year 2006, the following three tests must be met in order to be considered a bona resident of the Virgin Islands:
1. Taxpayer must meet the Presence Test
2. Taxpayer must not have another tax home; and
3. Taxpayer must not have a closer connection to the U.S. or a foreign country.
Presence Test: Taxpayers meet the presence text for the tax year if they meet one of the following conditions:
1. They were present in the Virgin Islands for at least 183 days during the year.
2. They were present in the U.S. for no more than 90 days during the tax year.
3. They had $3,000.00 or less of earned income from U.S. sources and were present for more days in the Virgin Islands than in the U.S. during the year.
4. They had no significant connection to the U.S. during the tax year.
Tax Home and Closer Connection Tests:
Under the tax home test, to be a bona fide resident, an individual generally cannot have a tax home outside of the Virgin Islands during any part of the taxable year. There are special rules for students, government officials and seafarers. Under the closer connection test, to be a bona fide resident, an individual cannot have a closer connection to the U.S. or a foreign country than to the Virgin Islands.
The source for this is http://www.vibir.gov/pdfs/Tax_Structure_2012.pdf
Can anyone confirm that discovery documents show that Basil Ottley filed taxes as a Virginia resident 3 of the last 5 years?
The case is Alan Haynes vs. ? (Elections system)?
Donna Christensen has never said publicly that he has filed taxes in the Virgin Islands every year for the last 5 years.
Isn't this inelligibility issue the same thing that got Mapp disqualified last time he ran for governor when he voted in the states?
The judge never let us see the evidence to know if it was the same.
But let us say that it was the same arguendo, then BASIL OTTLEY, like Ken Mapp before him, should be INELIGIBLE. What is good for the goose, is good for the gander.
I hope they go to the Third Circuit Court.
Why does he refuse to answer the question of whether or not he filed taxes twice in Maryland?
And why is Donna running with someone she knows is not eligible?
Just because the complaint came late to the court does not remove the eligibility issue?
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