United States Third Circuit

Order denying a permanent injunction that would allow plaintiffs to appear on the November general election ballot is vacated and remanded for further proceedings, where: 1) 18 V.I.C. section 342a, initially relied upon by defendant in her Notice of Defect, imposes a party-affiliation requirement only in connection with nomination petitions, not nomination papers, and so the Virgin Islands Election Code does not expressly prohibit plaintiffs' candidacy; 2) the absence of a party-affiliation clause in Subchapter II of the Election Code is intentional; and 3) plaintiffs' candidacy is not barred, but they must appear on the ballot under the term "independent".

Appellate Information

• Decided 08/26/2014
• Published 08/26/2014

Judges

• Vanaskie

Court

• United States Third Circuit

Counsel