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. 
 
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Case No. 3:22-cv-0049 
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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 
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Republican Nat’l Comm. et al. v. Virgin Islands Bd. of Elections et al. 
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Judgment 
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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. 
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Judgment 
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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 
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