2019 US Virgin Islands Code
Title 18 - Elections
Chapter 5 - Registration of Electors
§ 119. Appeals to court; time of hearing; notice; postponement; hearing; decision of court; costs and fees

(a) Upon the exhaustion of any administrative remedies provided by this title, any person whose claim for registration has been denied by a board of elections, or whose name, although previously registered, has been removed and not restored by a board upon petition filed for that purpose as herein provided, or whose registration or party enrollment has been cancelled for any cause, or any qualified elector of any election district whose rights are impaired by any general order made by a board (not including refusals to remove names upon any petition of any kind aforesaid), may file an appeal with the Superior Court not later than the tenth day preceding any election or primary, setting forth why he feels that an injustice has been done, and praying for such order as will give him relief. Thereupon the judge of the Superior Court shall fix a time and place for hearing the matter in dispute, of which notice shall be served, with a copy of said appeal, by the appellant, upon the Attorney General of the Virgin Islands and upon any elector, or his attorney, who opposed the contention of the appellant before the board, at least 48 hours before such matter may be reviewed by the court. Proof of notice or the waiver thereof must be filed therein.

(b) The judge of the Superior Court may enlarge the time of notice or postpone such hearing as may be reasonable with due regard for the time remaining before the succeeding election or primary. At the time so fixed, the court shall hear all the witnesses and other evidence that may be offered, unless the issue can be decided in some other manner by agreement of the parties concerned.

(c) If, after any such public hearing, the court shall find that an injustice has been done, it may reverse or alter the decision of the board and modify any order made by it accordingly, and, if necessary, issue its mandate to the election officers of any polling district to permit the appellant to vote at any designated election or primary although his name may not have been entered in or restored to the district register of such district. If the appellant shall not satisfy the court that an injustice has been done, the decision of the board shall be affirmed.

(d) The court may compel the appellant, or any opposing party other than the board, or, in proper cases, the Government, to pay all the witness fees and other legal costs of such appeal, which may be assessed by the clerk in the usual manner, but in all cases where the appeal is sustained by the court, the costs advanced by the appellant shall be ordered refunded.