Case: United States v. Government of the Virgin Islands

This case was brought by the Attorney General on behalf of the United States in the District Court of the Virgin Islands (Divisions of St. Thomas and St. John) on August 31, 2012, pursuant to the Uniformed and Overseas Citizens Absentee Voting Act of 1986 (“UOCAVA”). UOCAVA requires that absent uniformed services voters and overseas voters be permitted “to use absentee registration procedures and to vote by absentee ballot in general, special, primary, and runoff elections for Federal office.” The case was presided over by Chief Judge Curtis V. Gomez. 

The Attorney General sought declaratory and injunctive relief to ensure that absent UOCAVA voters would have the opportunity to vote guaranteed by UOCAVA in the Territory of the Virgin Islands 2012 Federal elections and in all future elections for Federal office. 

The Government sued against five defendants. First, the Territory of the Virgin Islands. As a state, it is charged with the responsibility of complying with UOCAVA and ensuring that validly requested absentee ballots are transmitted to UOCAVA voters in accordance with its terms. The second defendant was the Virgin Islands Elections System. The Joint Boards of Elections can promulgate and issue uniform rules and regulations for the administration and the enforcement of elections laws in the Territory. The third and fourth defendants were the Boards of Elections in the St. Croix District and the St. Thomas/St. John District. Both have general jurisdiction over the election processes in their respective districts, including the registration of electors and conduct of primaries and elections. Finally, John Abramson, Jr. was sued in his official capacity as the Supervisor of Elections of the Territory of the Virgin Islands. The Supervisor of Elections is the Territory’s chief election official, and is, among other things, charged with preparing, receiving applications for, and distributing absentee ballots. 

The main cause of action arose out of section 102(a)(8) of UOCAVA, which requires that States, including the Territory of the Virgin Islands, transmit validly requested ballots to UOCAVA voters no later than 45 days before an election for Federal office. In 2012, the Virgin Islands failed to transmit absentee ballots to military and overseas voters at least 45 days before the Federal primary election and the Federal general election for Virgin Islands Delegate to the United States House of Representatives.  

The Government therefore sought a declaratory judgment that the defendants acted in violation of UOCAVA, as well as injunctive relief ensuring that: (1) UOCAVA voters  have sufficient opportunity to receive, mark, and submit their ballots in time to have them counted in the election; (2) UOCAVA voters learn of the Court’s order; (3) the United States be reported the transmission, receipt, and counting of UOCAVA ballots; and (4) the Territory conducts all future Federal elections in full compliance with UOCAVA. 

The United States and the Defendants agreed to a Consent Decree on September 7, 2012. In particular, it was decreed that: (1) the deadline for transmission of absentee ballots; (2) transmission options; (3) extension of ballot receipt deadline; (4) ballot return and notice; (5) ballot counting procedures and notice; (6) deadline for certification of election results; (7) training of election officials regarding the requirements of UOCAVA; (8) coordination with the Federal Voting Assistance Program to facilitate notice to eligible voters; and (9) press release issuance of the Consent Decree to eligible voters– all be implemented in accordance with the law. The court granted the decree. The court retained jurisdiction through January 31, 2014, and the case is now closed.