Todman has been cited in only three cases, only one of which actually relied on Todman instead of on the underlying district court opinion, which Todman reversed on other grounds. See Stapleton v. Board of Elections, 821 F.2d 191, 193 (3d Cir. 1987) (discussing district court case); Democratic Party of the Virgin Islands v. Board of Elections, 649 F. Supp. 1549, 1551-52 (D.V.I. 1986) (same); Republican Party of Hawaii v. Waihee, 709 P.2d 980, 981 (Haw. 1985) (noting Todman's holding that blank ballots are not "votes cast"). D. Case Law at the Time of ยง 1422's Enactment
As an initial matter, it is important to clarify what relief this Court has the potential to grant, and what relief it does not. Plaintiffs request both decertification of the November 2012 election and that Defendants be enjoined from conducting the January 2013 swearing-in ceremonies of all candidates. In Democratic Party of the Virgin Islands v. Bd. Of Elections, St. Thomas-St. John, 649 F. Supp. 1549 (D.V.I. 1986), the district court was asked to enjoin the taking of the oath of office by any person elected to the Legislature. The Court declined to do so because "the Legislature is obviously not a party to this action, and . . . because we believe it would unnecessarily impinge upon the authority of the Legislature itself to directs its matter of organization."
As an initial matter, it is important to clarify what relief this Court has the potential to grant, and what relief it does not. Plaintiffs request both decertification of the November 2012 election and that Defendants be enjoined from conducting the January 2013 swearing-in ceremonies of all the candidates. In Democratic Party of the Virgin Islands v. Bd. of Elections. St. Thomas-St. John, 649 F. Supp. 1549 (D.V.I. 1986), the district court was asked to enjoin the taking of the oath of office by any person elected to the Legislature. The Court declined to do so because "the Legislature is obviously not a party to this action, and . . . because we believe it would unnecessarily impinge upon the authority of the Legislature itself to direct its manner of organization."