You are here

A Suit by Unsuccessful Candidates to Overturn an Election

Robert Timothy Reagan, Margaret S. Williams, Marie Leary, Catherine R. Borden, Jessica L. Snowden, Patricia D. Breen, Jason A. Cantone
September 14, 2015
Available Online Only

Picard Samuel v. Virgin Islands Joint Board of Elections (Curtis V. Gómez and Raymond L. Finch, D.V.I. 3:12-cv-94)
Following a general election, unsuccessful candidates filed a pro se federal complaint to nullify the results and enjoin the swearing in of the winners. A district judge denied the plaintiffs a temporary restraining order. The plaintiffs sought reversal of the denial by recusal of the judge, also naming as a recusal ground the judge’s sister's being a winning candidate in the election. The case was already reassigned to another judge for the sake of efficiency, and the second judge denied the plaintiffs a preliminary injunction because they could not show that the election irregularities of which they complained resulted in their defeats. Later, the second judge dismissed the complaint for lack of standing.
Subject: Voting irregularities. Topics: Enjoining certification; election errors; laches; pro se party; voting technology.

One of many Case Studies in Emergency Election Litigation.