Federal Judge Takes Bryan Voter’s Rights Suit “Under Advisement”
Questions of jurisdiction were the focus of a district court hearing Thursday regarding a voter’s right action for a temporary restraining order filed by former Sen. Adelbert “Bert” Bryan.
CIF President Michael Springer attended the hearing and said that Bryan presented his case as outlined in his motion (link below), and cited the inability of the current electronic voting machines to provide a paper receipt and potential conflict of interest issues among members of the current Board of Elections as factors supporting his request for a restraining order.
Atty. Carol Thomas Jacobs, presenting the case for the Board, questioned whether Bryan had the legal standing to bring the motion; and whether the District Court, was the appropriate court to hear the case, arguing that the Superior Court should have jurisdiction. Jacobs stated further that issues concerning the paper receipt and potential conflicts on the board were not part of Bryan’s motion and that the case should be dismissed.
No other witnesses were called to testify, Springer reported.
Federal Judge Harvey Bartle has taken the matter “under advisement” and it is not known when a ruling will be made. However, Springer said, “the judge made a very valid point. He said this issue really should be dealt with by the Legislature amending current rules and enforcing election reform – and he’s perfectly right.”
We will keep you posted on this issue. To see the details of the motion click here.
Senator Bryan certainly has standing to file in either District or Superior Court as a bona fide citizen, voter and taxpayer of the Virgin Islands. It is only a question of which venue will hear the case.
Remember when Arnold and Carmen Golden filed to dispute Ms. Golden’s removal from the St. Croix District Board of elections? Suits were files in both venues. Since all Superior Court (Territorial at the time) Judges recused themselves, the case was heard by Finch and he ruled against the Golden’s. Strangely, Territorial Court Judge Donahue swore Carmen Golden in in a backroom, anyway.
You think the system is rigged and the deck is stacked? Conflict of interest is only one of the problematic issues surrounding free and fair elections.
If Atty. Anna Thomas has a problem, Bert Bryan can modify his filing and shut her up.
Voters are entitled by law to cast SECRET ballot. It is unlawful to force voters to use a particular method they have no confidence in that exposes their identity and candidate selection. Especially when there is no lawful provision mandating such.
Get ready for the excuses. No time, no money, no manpower to accomodate. Maybe next time.
If voters are disallowed to vote by paper ballot the next step is to file suit to set aside the election results beginning with an opening claim of disenfranchisement.
There is a concerted effort underway to control the election outcome…again.