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Daniel Already a Delegate, Attorney Says

Aug. 24, 2007 — While the V.I. Superior Court prepares to tackle issues relating to the upcoming Constitutional Convention, the attorney for St. John candidate Harry Daniel says the battle over whether to seat Daniel as a delegate is over.
"As far as I'm concerned, this issue has already been resolved," attorney Clive Rivers said Friday. "The board of elections voted to execute the court's order, and Harry has already received an official letter naming him as one of the successful candidates."
During a recent meeting, St. Thomas-St. John District Board of Elections members voted to execute a ruling handed down earlier this month by V.I. Superior Court Judge James S. Carroll. The judge ordered the board to re-certify the results of the June 12 special election based on the number of votes each candidate received.
In doing so, board members could not place a cap on the number of delegates coming from St. John, Carroll said.
A few days later, the board reversed its decision to carry out the recertification, choosing instead to appeal Carroll's ruling and request that the judge delay swearing-in ceremonies for Constitutional Convention delegates until a new court order has been issued. (See "Elections Board Reverses Daniel Decision.")
On Tuesday, Carroll granted a 24-hour stay on convention activities — giving elections' attorneys time to file the appeal — and turned the case over to the V.I. Supreme Court.
A hearing to decide the appeal has been scheduled for 1 p.m. Sept. 5.
On Friday, Rivers said he has filed a motion to dismiss the board's appeal, since letters have already gone out to various officials — including the Senate president — naming Daniel as a Constitutional Convention delegate.
"The board's appeal is moot," Rivers explained. "The board already made a decision. They can't go back now and veto what they did."
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