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FOR OFFICIAL PUBLICATION IN THE DISTRICT COURT OF THE VIRGIN ISLANDS DIVISION OF ST. THOMAS AND ST. JOHN REPUBLICAN NATIONAL COMMITTEE; REPUBLICAN PARTY OF THE VIRGIN ISLANDS, Plaintiffs, v. VIRGIN ISLANDS BOARD OF ELECTIONS; CAROLINE F. FAWKES, in her official capacity as the Supervisor of Elections Systems, Virgin Islands, Defendants. ) ) ) ) ) Case No. 3:22-cv-0049 ) ) ) ) ) ) ) ) ) ) APPEARANCES: ANDREW L. CAPDEVILLE, ESQ. LAW OFFICES OF ANDREW L. CAPDEVILLE, P.C. ST. THOMAS, VI TYLER R. GREEN, ESQ. CAMERON T. NORRIS, ESQ. FRANK H. CHANG, ESQ. CONSOVOY MCCARTHY PLLC ST. LAKE CITY, UT, For Plaintiffs CHRISTOPHER M. TIMMONS, ESQ. ASSISTANT ATTORNEY GENERAL VIRGIN ISLANDS DEPARTMENT OF JUSTICE ST. THOMAS, VI For Defendants JUDGMENT (CORRECTED) BEFORE THE COURT are the parties’ respective motions for summary judgment. (ECF Nos. 59, 61). For the reasons stated in the accompanying Memorandum Opinion of even date, it is hereby Case: 3:22-cv-00049-RAM-RM Document #: 77 Filed: 01/10/24 Page 1 of 3 Republican Nat’l Comm. et al. v. Virgin Islands Bd. of Elections et al. Case No. 3:22-cv-0049 Judgment ORDERED that Defendants’ Motion for Summary Judgment, filed on August 8, 2023, ECF No. 59, is DENIED; it is further ORDERED that Plaintiffs Republican National Committee’s and Republican Party of the Virgin Islands’ Motion for Summary Judgment, filed on August 8, 2023, ECF No. 61, is GRANTED, IN PART, and DENIED, IN PART; it is further ORDERED that 18 V.I.C. § 232 is deemed UNCONSTITUTIONAL to the extent it allows the Virgin Islands Board of Elections the right and authority to reject a political party’s process used in selecting its party officers and candidates for public-office; it is further ORDERED that 18 V.I.C. §§ 301(c)-(d) are PREEMPTED by the Lanham Act and are VOID to the extent they allow a Virgin Islands political party to use its national affiliates’ trademarked symbol, emblem, or insignia without the approval of the owner of the trademark; it is further ORDERED that 18 V.I.C. §§ 303(a)-(c), and 305 are deemed UNCONSTITUTIONAL and, hence, VOID; it is further ORDERED that 18 V.I.C. § 304(a) is deemed UNCONSTITUTIONAL only to the extent it provides the Supervisor of Elections the authority to designate the time and location of the organizational meeting of the first territorial committee of each party after a primary election. This provision of section 304(a) is VOID. All other provisions stated in section 304(a) are valid and therefore, not unconstitutional. It is further ORDERED that 18 V.I.C. §§ 301(a), 306(a), 307, and 342 are deemed UNCONSTITIONAL and hence, VOID; ORDERED, ADJUDGED, and DECREED that JUDGMENT is GRANTED in favor of Plaintiffs Republican National Committee and Republican Party of the Virgin Islands and against Defendants Virgin Islands Board of Elections and Caroline Fawkes, Supervisor of Elections, on Plaintiffs’ claim for violation of 42 U.S.C. § 1983; it is further ORDERED, ADJUDGED, and DECREED that Defendants are hereby ENJOINED from enforcing the provisions of 18 V.I.C. §§ 232, 301(a), (c), and (d), 303(a), (b), and (c), 304(a), 305, 306(a), 307, and 342 as stated herein; it is further Case: 3:22-cv-00049-RAM-RM Document #: 77 Filed: 01/10/24 Page 2 of 3 Republican Nat’l Comm. et al. v. Virgin Islands Bd. of Elections et al. Case No. 3:22-cv-0049 Judgment ORDERED, ADJUDGED, and DECREED that, consistent with this JUDGMENT, the following provisions of the Virgin Islands Code are DECLARED UNCONSTITUTIONAL: 18 V.I.C. § 232, 18 V.I.C. § 301(a), 18 V.I.C. § 303(a), (b), and (c), 18 V.I.C. § 304(a), 18 V.I.C. § 305, 18 V.I.C. § 306(a), 18 V.I.C. § 307, and 342. Dated: January 10, 2024 /s/ Robert A. Molloy ROBERT A. MOLLOY Chief Judge Case: 3:22-cv-00049-RAM-RM Document #: 77 Filed: 01/10/24 Page 3 of 3