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Todman v. Boschulte

November 24, 1982

HENRITA TODMAN, SUPERVISOR OF ELECTIONS OF THE U.S. VIRGIN ISLANDS ST. THOMAS/ST. JOHN DISTRICT BOARD OF ELECTIONS OF U.S. VIRGIN ISLANDS, ST. CROIX DISTRICT BOARD OF ELECTIONS OF U.S. VIRGIN ISLANDS, ET AL., RESPONDENTS-APPELLANTS, NO. 82-3530 AND JUAN LUIS AND JULIO BRADY, INTERVENORS-APPELLANTS, NO. 82-3533
v.
BERTHA C. BOSCHULTE, ET AL., PETITIONERS-APPELLEE



APPEAL FROM THE UNITED STATES DISTRICT COURT OF THE VIRGIN ISLANDS

Author: Aldisert

Before: ALDISERT, SLOVITER and ROSENN, Circuit Judges.

Opinion OF THE COURT

ALDISERT, Circuit Judge.

This is an emergency appeal with accelerated briefing from a final order of the District Court of the Virgin Islands of November 12, 1982, relating to elections held November 2, 1982. A consequence of that order required a run-off election for the offices of Governor and Lieutenant Governor of the Virgin Islands to be conducted on November 30, 1982. We set forth this brief statement of reasons for reversing the judgment of the district court.

On November 12, 1982, counsel stipulated to the following facts:

(a) The total number of votes counted were 23,188;

(b) The respective candidates for Governor and Lieutenant Governor received the following votes:

1. Cintron-Moolenaar 578

2. Millin-Ross 4,143

3. Luis-Brady 11,354

4. Hodge-Plaskett 2,468

5. Rouss-Bell 2,471

(c) The combined Boards of Election for the Virgin Islands reported that there were 922 entirely spoiled ballots, 571 ballots spoiled as to the ...


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