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Ineligibility to Serve in the Legislature Because of Moral Turpitude

Robert Timothy Reagan, Margaret S. Williams, Marie Leary, Catherine R. Borden, Jessica L. Snowden, Patricia D. Breen, Jason A. Cantone
February 14, 2017
Available Online Only

Payne v. Fawkes (1:14-cv-53), Hansen v. Fawkes (1:14-cv-55), Bryan v. Fawkes (1:14-cv-66), and O’Reilly v. Board of Elections (1:14-cv-107) (Wilma A. Lewis, D.V.I.)
Following a pardon, a federal complaint sought to restore a legislature candidate to the ballot after her removal for moral turpitude because of a misdemeanor tax conviction. The federal court restored the candidate to the ballot, but the Virgin Islands’ supreme court ruled against the federal court on matters of Virgin Islands law. The federal court remanded two subsequent related lawsuits removed from the Virgin Islands’ superior court.
Topics: Getting on the ballot; matters for state courts; removal; write-in candidate; recounts.

One of many Case Studies in Emergency Election Litigation.