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D.V.I.

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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.

Available Online Only

Bryan v. Abramson (Harvey Bartle, D.V.I. 1:10-cv-79)
A pro se complaint sought a right to cast a paper ballot instead of voting electronically or casting a provisional ballot. The court determined that the complaint did not present a federal question. A local court determined that the claim was without merit.
Topics: Matters for state courts; provisional ballots; voting technology; pro se party; Help America Vote Act (HAVA)

One of many Case Studies in Emergency Election Litigation.

Available Online Only

United States v. Virgin Islands (Curtis V. Gómez, D.V.I. 3:12-cv-69)
Eight days before a primary election, the government sought a consent decree on overseas absentee ballots, which had not been sent to overseas voters in time.
Topics: Uniformed and Overseas Citizens Absentee Voting Act (UOCAVA); absentee ballots.

One of many Case Studies in Emergency Election Litigation.

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.

Available Online Only

Golden v. Virgin Islands (Raymond L. Finch, D.V.I. 1:05-cv-5)
An election board incumbent came in fourth as a write-in candidate in a general election for four seats on the board. She filed a federal complaint challenging an attorney general opinion that she could not avoid a maximum quota of four members of the same party on the board by changing her party affiliation after the election. The court denied the plaintiff a preliminary injunction.
Topics: Enjoining certification; write-in candidate; laches; primary election.

One of many Case Studies in Emergency Election Litigation.

Archival Copy on File

An assessment of the civil and criminal dockets and rules of procedure prepared by the Civil Justice Advisory Group for the District of the Virgin Islands.

Archival Copy on File

A table highlighting the different features of the Early Implementation District plans

Archival Copy on File

The Report of the Civil Justice Advisory Group of the District of the Virgin Islands and the Expense and Delay Reduction Plan for the same district

Archival Copy on File

The Administrative Office's Duane R. Lee provides District of New Jersey Chief Judge John F. Gerry with an updated list of the CJRA Early Implementation Districts.

Archival Copy on File

This list identifies Early Implementation Districts by the principles and techniques they will use to reduce costs and time delays

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