Daniel v. Virgin Islands Joint Boards of Elections

49 V.I. 31, 2007 V.I. LEXIS 16
CourtSuperior Court of The Virgin Islands
DecidedAugust 13, 2007
DocketCivil No. ST-07-CV-380
StatusPublished
Cited by2 cases

This text of 49 V.I. 31 (Daniel v. Virgin Islands Joint Boards of Elections) is published on Counsel Stack Legal Research, covering Superior Court of The Virgin Islands primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Daniel v. Virgin Islands Joint Boards of Elections, 49 V.I. 31, 2007 V.I. LEXIS 16 (visuper 2007).

Opinion

CARROLL, Judge

MEMORANDUM OPINION AND ORDER

(August 13, 2007)

THIS MATTER is before the Court on the Plaintiff’s Motion for a Preliminary Injunction or, in the alternative, for mandamus relief and for a declaratory judgment declaring the results of the special election void, and declaring Plaintiff to be a winner of the special election. On July 26, 2007, the Court gave notice to the parties and issued an order consolidating trial of this matter on the merits with the preliminary [34]*34injunction hearing. The Court also allowed counsel for Plaintiff and Defendants to submit post-trial memoranda. Upon consideration of the Plaintiff’s claims for relief, and the arguments in opposition submitted by the Defendants, as well as the testimony and evidence adduced at trial on July 27, 2007, the Court has decided that mandamus relief in favor of the Plaintiff is appropriate in this case and will be ordered for the reasons set forth below.

FACTS

The material facts in this case are undisputed. Plaintiff, Harry Daniel (“Daniel”), is a resident of St. John, Virgin Islands, a taxpayer and candidate for the office of delegate to the Fifth Constitutional Convention of the Virgin Islands. Defendants, the Virgin Islands Joint Boards of Elections (“Joint Board”) and the St. Thomas-St. John Board of Elections (the “Board”), both elected bodies within the Virgin Islands Government, are authorized pursuant to V.I. CODE Ann. tit. 18, § 47 to regulate elections and to certify the result of elections. Defendant John Abramson, Jr. (“Abramson” or “Supervisor Abramson”) is the supervisor of elections and a servant of both the Board and the Joint Board. The Defendants were tasked by the Virgin Islands Legislature with conducting a special election for the delegates to the Fifth Constitutional Convention pursuant to Act No. 6688 (2004 V.I. Sess. Laws 191) (“Act No. 6688”). According to Act No. 6688, section 1(d), subsection (2), “Thirteen delegates shall be elected from the District of St. Thomas-St. John, who shall be resident of either St. Thomas or St. John, provided that not fewer than two delegates shall be residents of St. John.” (Emphasis added.)

Prior to the special election, Defendants originally developed a ballot that listed all of the candidates — residents of St. Thomas and St. John alike — in a single slate (“the original ballot”). The original ballot instructed voters to “[sjelect no more than thirteen” candidates from the St. Thomas-St. John District. The ballot also contained the language taken directly from Act No. 6688: “Thirteen delegates shall be elected from the district of St. Thomas-St. John, who shall be residents of either St. Thomas-St. John, provided that not fewer than two delegates shall be residents of St. John.” (Emphasis added.) According to the testimony of Supervisor Abramson, the original ballot was promulgated to the candidates, including Daniel, for their inspection and approval in advance [35]*35of the election.1 On June 1,2007, however, several members of the Board, having become concerned about some issues relating to the ballot design, met and called a meeting of the Joint Board for the following day, June 2. During the June 2 special meeting of the Joint Board, which was conducted by telephone with each district’s Board in their respective district office, seven members unanimously approved a single motion that made several changes to the design of both the territory-wide at-large delegates section of the ballot and the St. Thomas-St. John section of the ballot. As several witnesses testified, a quorum for any meeting of the Joint Board is a majority of the members. Since there are fifteen members of the Joint Board, the presence of eight members constitutes a quorum.

The St. Thomas-St. John section of the ballot approved by the Joint Board on June 2 for use in the special election (“the revised ballot”) split the candidates into two separate slates, one listing all of the candidates from St. Thomas with instructions to the voters to select no more than eleven St. Thomas candidates, and the other slate listing all of the St. John resident candidates with instructions to “[sjelect no more than 2” St. John candidates (emphasis added).

Evidence was offered at trial to establish when Daniel first received notice of the revised ballot. After the June 2 meeting of the Joint Board, the ballot changes immediately received prominent coverage in the news media. However, Daniel testified on direct examination that he did not realize until June 12, the day of the election, that the revised ballot listed St. John resident candidates in a separate slate. As a result, Daniel did not register any formal complaint about the revised ballot until after the special election.

Upon questioning by the Court, Daniel made important concessions regarding the notice he had received about the revision in the special election ballot. Daniel conceded that he read front-page headlines in the V.I. Daily News on Monday, June 4 and Tuesday, June 5, which indicated [36]*36that the Joint Board had revised the special election ballot. Daniel also admitted that on Thursday, June 7, he saw the revised ballot itself, which was published in the V.I. Daily News on that date. Daniel testified that although he read the headlines and captions of news items as early as June 4 and saw the revised ballot on June 7, he did not pay close attention to their contents and did not realize that the St. John-resident candidates had been separated from the St. Thomas-resident candidates on the revised ballot. Daniel testified that he wanted to vote for all five St. John resident candidates in the special election but believed that he was precluded from doing so, because of the restrictions in the revised ballot.

Daniel received 1,753 votes in the special election. This vote total placed Daniel third among the St. John resident candidates, and eighth overall. Thus, there is no dispute that Daniel would have been certified as an election winner but for his status as a resident of St. John, since he finished among the top thirteen in the District. On the morning of June 13, however, Daniel learned from reading a newspaper article that the Joint Board did not deem him a successful delegate because there could be no more than two delegates who are residents of St. John.

Daniel immediately challenged the Joint Board’s decision. While in St. Croix on business on June 14, Daniel went to the elections office and registered a verbal challenge to the election results with Supervisor Abramson, who informed Daniel that his challenge should be made in writing. Upon his return to St. John the following day, June 15, Daniel submitted a letter to Abramson challenging the special election results. The Joint Board formally certified the election results on June 23. On July 2, Abramson met with Daniel to discuss his challenge to the official results. Abramson subsequently forwarded Daniel’s election challenge to the Board, which after a formal hearing on July 10 denied Daniel’s appeal and upheld the certified election results. Daniel’s subsequent appeal to the Joint Board was denied on July 19, 2007. The same afternoon, Daniel filed this action in Superior Court.2

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49 V.I. 31, 2007 V.I. LEXIS 16, Counsel Stack Legal Research, https://law.counselstack.com/opinion/daniel-v-virgin-islands-joint-boards-of-elections-visuper-2007.