St. Thomas-St. John Board of Elections v. Daniel

49 V.I. 322, 2007 WL 4901116, 2007 V.I. Supreme LEXIS 1
CourtSupreme Court of The Virgin Islands
DecidedSeptember 17, 2007
DocketS. Ct. No. 2007-96
StatusPublished
Cited by195 cases

This text of 49 V.I. 322 (St. Thomas-St. John Board of Elections v. Daniel) is published on Counsel Stack Legal Research, covering Supreme 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
St. Thomas-St. John Board of Elections v. Daniel, 49 V.I. 322, 2007 WL 4901116, 2007 V.I. Supreme LEXIS 1 (virginislands 2007).

Opinions

CABRET, Associate Justice

OPINION OF THE COURT

(September 17, 2007)

This appeal concerns the failure of the St. Thomas-St. John Board of Elections (the “Board”) to certify Harry Daniel (“Daniel”) as one of thirty elected delegates to the Virgin Islands Fifth Constitutional Convention (the “Convention”). Daniel, a resident of St. John and a candidate for delegate from the St. Thomas-St. John district, filed an action in the Superior Court of the Virgin Islands against the Board1 seeking injunctive, declaratory and alternative mandamus relief requiring the [325]*325Board to certify him as a winner of the special election for delegates to the convention. After a trial in the matter, the Superior Court granted Daniel mandamus relief and ordered the Board to certify him as a delegate. The Board appealed, asserting that the trial court erred by failing to completely bar Daniel’s claim based on laches, and by granting mandamus relief. In a cross-appeal, Daniel argues that the trial court correctly recognized his challenge to the Board’s refusal to certify him as a delegate, but erred in barring his post-election contest to the form of the ballot. For the reasons which follow, we reverse the decision of the Superior Court and remand with instructions to dismiss Daniel’s complaint.

I. FACTS AND PROCEDURAL HISTORY

On September 29, 2004, the Virgin Islands Legislature passed Act No. 6688 (2004 V.I. Sess. Laws 191) (“Act 6688”) to establish the Fifth Constitutional Convention. Act 6688 was signed into law on October 29, 2004. According to Act 6688, the Convention is to be comprised of thirty delegates. Of these thirty delegates, Act 6688 requires that “[t]hirteen delegates shall be elected from the district of St. Thomas-St. John, who shall be residents of either St. Thomas or St. John, provided that not fewer than two delegates shall be residents of St. John.”2 Act of Oct. 18, 2004, Bill No. 25-0016, 2004 V.I. Sess. Laws 191, § 1(d)(2) (emphasis supplied). Section (1)(h)(1) of Act 6688 provides that “[e]xcept as otherwise provided in this Act, the special election shall be governed by the election laws of the Virgin Islands, as provided under title 18 [sic] Virgin Islands Code.” V.I. CODE Ann. tit. 18, § 47 authorizes the Boards of Elections, within their respective election districts, to regulate elections and to certify the results of elections.

The special election for delegates was scheduled for June 12, 2007. In preparation for the election, a ballot was created and available for viewing at the offices of the Board of Elections in both districts.3 The ballot listed all candidates from the St. Thomas-St. John district on a single slate and [326]*326instructed voters to select no more than thirteen candidates from the St. Thomas-St. John District, provided that not fewer than two delegates were residents of St. John. The ballot language concerned several members of the Board, and on June 2, 2007, seven members of the Joint Board of Elections convened an emergency meeting at which they unanimously voted to revise the St. Thomas-St. John district section of the ballot.4 Upon being informed of the Board’s decision, the Supervisor of Elections approved the revision. The revised ballot separated the St. Thomas and St. John candidates into two slates and instructed voters to select eleven candidates from the St. Thomas slate and two candidates from the St. John slate. The electronic voting machines were likewise reprogrammed to limit the voters’ selection to eleven candidates from St. Thomas and two candidates from St. John. Daniel was listed on the slate of St. John candidates.

The changes to the ballot received immediate coverage in the news media. On June 2, 2007, the same day the Board decided to revise the ballot, a local radio station broadcast a report on the ballot revisions. On June 4, 2007, The Virgin Islands Daily News (the “Daily News”) published a front page headline stating: “Virgin Islands Constitution ballot changes.” (Tr. at 245.) An article about the ballot changes was printed on page two of the paper, and, upon questioning by the Court, Daniel acknowledged that he saw the headline on the front page, but claimed he did not read the article discussing the ballot changes. On June 5, 2007, the Daily News published another article about the ballot revisions. This article was headlined: “Elections officials approve revised ballots.” (Supplemental App. at 73.) The article informed readers that “[a]nother portion of the ballot was changed in the St. Thomas-St. John district. Because two district candidates must come from St. John, candidates from that island have been separated on the ballot and instructions direct voters to select 11 candidates from St. Thomas and two from St. John for the district seats.” (Supplemental App. at 73.) The article stated that voting machines would be reprogrammed to reflect the change and to prevent votes that would lead to spoiled ballots. Daniel admitted to the Court that he read the June 5, 2007 article and that it advised him that the ballot had been revised.

[327]*327A third article about the revised ballot appeared in the June 6, 2007 issue of the Daily News. This article was headlined: “Revamped constitutional convention ballots sent to absentee voters.” (Supplemental App. at 75.) Daniel acknowledged that he read the headline, but denied reading the article. Upon questioning by the Court as to why he did not read the article, Daniel explained: “I didn’t expect the election to turn out the way it did. I saw it. I figured the revised ballots were sent out to the absentee voters and I just waited until the election to see what they would think.” (Tr. at 250.) On June 7, 2007, the Daily News published a sample ballot depicting the two slates of candidates with the instructions described above. Daniel acknowledged reading the sample ballot.

There were no challenges to the revised ballot in the week leading up to the election. The Supervisor of Elections testified that during the week prior to an election, including the weekend, he and his staff are available to address any election matters that arise. The Supervisor of Elections further testified that, if he had received a complaint about the ballot, he would have forwarded it to the Board, which could have revised the ballot.5

The special election for convention delegates was conducted as scheduled on June 12, 2007. Daniel received the third highest vote total of the St. John candidates and eighth highest vote total in the St. Thomas-St. John district. On June 15, 2007, three days following the special election, Daniel submitted a formal complaint to the St. Thomas-St. John Board of Elections challenging the ballot that was used.6 On June 23, 2007, the Board certified the election results and did not include Daniel as a successful candidate. After a hearing on Daniel’s complaint, the Board denied his request to be seated as a delegate to the Convention. Daniel subsequently appealed to the Joint Board of Elections, which on July 19, 2007, also denied him relief upon ruling that the appeal was improperly before them. Daniel filed his Superior Court action the same afternoon seeking relief to declare him among the winners of the special [328]*328election.7 In his Complaint, Daniel alleged that the defendants violated the mandate of Act 6688 by allowing only two

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Bluebook (online)
49 V.I. 322, 2007 WL 4901116, 2007 V.I. Supreme LEXIS 1, Counsel Stack Legal Research, https://law.counselstack.com/opinion/st-thomas-st-john-board-of-elections-v-daniel-virginislands-2007.