S. Ct. Civ. No. 2007/096

This appeal concerns the failure of the St. Thomas- St. John Board of Elections (the "Board") to certify Harry Daniel ("Daniel") as one of the thirty elected delegates to the Virgin Islands Fifth Constitutional Convention (the "Convention"), Daniel, a resident of St. John and a candidate for delegate from the St. Thomas- St. John district, filed an action in the Superior Court of the Virgin Islands against the Board seeking injunctive, declatory and alternative mandamus relief requiring the Board to certify him as a winner of the special election for delegates to the convention. After a trial in the matter, the Superior Court granted Daniel mandamus relief and ordered the Board to certify him as a delegate. The Board appealed, asserting that the trial court erred by failing to completely bar Daniel's claim based on laches, and by granting mandamus relief. In a cross-appeal, Daniel argues that the trial court correctly recognized his challenge to the Board's refusal to certify him as a delegate, but erred in barring his post-election contest to the form of the ballot. For the reasons which follow, we reverse the decision of the Superior Court and remand with instructions to dismiss Daniel's complaint.