The Superior Court of the Virgin Islands ruled against a petition that sought to change the way ballots are presented in upcoming elections. The case, Mary Moorhead v. Virgin Islands Board of Elections, filed under docket number SX-2026-MC-00071, involved a request for separate ballots for the Delegate to Congress race. The court's decision affects how voters will cast their ballots in the November 2026 General Election.
Mary Moorhead, the petitioner, argued that the current practice of including the Delegate race on the same ballot as other contests violated federal law. The court's ruling means that the Virgin Islands Board of Elections can continue its long-standing practice of using a single ballot for all races, including the Delegate race.
This case centers on the interpretation of federal law, specifically 48 U.S.C. § 1712, which states that the Delegate from the Virgin Islands shall be elected “by separate ballot.” Moorhead contended that this language requires a physically separate ballot for the Delegate race. The Board of Elections, however, maintained that their current method complies with both federal and local laws.
The parties involved in this case are Mary Moorhead, who represented herself, and the Virgin Islands Board of Elections, along with Caroline Fawkes, the Supervisor of Elections. The dispute arose after the Board decided to keep the Delegate race on the same physical ballot as other races, a practice that has been in place for over 24 years. Concerns about the ballot format were raised earlier this year, leading to Moorhead's petition filed on August 18, 2026.
The court heard the case on August 28, 2026, and Judge Venetia H. Velazquez presided over the proceedings. Following the hearing, the court denied Moorhead's petition for a temporary restraining order and advanced the case on its merits. The court ultimately ruled against Moorhead's request for injunctive relief, stating, "Petitioner has not met her burden to establish that she is entitled to relief under the injunction factors."
In its ruling, the court emphasized that Moorhead failed to demonstrate a likelihood of success on the merits of her case. The court found that the Board's method of presenting the Delegate race on the same ballot as other races did not violate the federal law. The ruling noted that the Delegate race is distinctly represented on the ballot, satisfying statutory requirements.
The court also pointed out that Moorhead did not provide evidence of irreparable harm if the current ballot system remained in place. Furthermore, the court indicated that requiring a dual ballot system would impose significant costs and logistical challenges on the Board of Elections.
Judge Velazquez stated, "The non-moving party will suffer greater harm if the preliminary and permanent injunction were issued, which further weighs against granting the requested relief." The ruling highlighted that implementing a dual ballot system could cost the Board approximately $650,000 and create confusion among voters.
This decision has significant implications for the upcoming General Election in November 2026. It allows the Virgin Islands Board of Elections to maintain its current ballot system, which has been used for decades. The ruling also clarifies the interpretation of the federal law regarding the election of the Delegate to Congress.
Moving forward, this ruling may influence how election procedures are interpreted in the Virgin Islands and potentially set a precedent for future cases involving election laws. The court's decision reinforces the Board's authority to determine the format of ballots while adhering to both federal and local regulations.
As of now, there are no indications that Moorhead plans to appeal the decision. Details were not available in the court filing regarding any related cases pending.