Mr. CAREY. I have also examined your appended documents, and will therefore address these few questions.

One, you are an independent supervisor of elections, are you not? Mrs. TODMAN. I am.

Mr. CAREY. Before you became supervisor of elections, you were a court officer?

Mrs. TODMAN. I was.

Mr. CAREY. When they first asked you to take the job, you refused to take the job because you wanted to remain in the court system. Is that correct?

Mrs. TODMAN. That is true.

Mr. CAREY. We had testimony over in St. Croix from a representative of the American Civil Liberties Union, stating that he felt it would be improved if the elections were conducted by a board, and hoped to find someone who could be nonpartisan to serve on this board.

I would suggest that the alternative would be to try to find someone who is of independent judgment, independent minded, has had legal experience in terms of having served on the court, and would approach her duties in a professional and judicial way.

Do you do your best to make impartial judgments with regard to the enforcement and operation of election procedures in the Virgin Islands?

Mrs. TODMAN. Yes; I do.

Mr. CAREY. In your view, were the elections of 1966 carried out according to the statutes that are in the law known as the Election Procedures Act of the Virgin Islands?

Mrs. TODMAN. It is my opinion that the elections were according to the statute.

Mr. CAREY. What are these statutes modeled on? What code of the United States?

Mrs. TODMAN. Some of the laws of New Hampshire, but mostly the Pennsylvania statutes.

Mr. CAREY. In your view, prior to the elections the party officials and those contending for public office universally accepted these procedures as fair and just to work with, did they not?

Mrs. TODMAN. Indeed.

Mr. CAREY. No one prior to the elections indicated there was any need then for reform or revision of the Election Procedures Act of the Virgin Islands?

Mrs. TODMAN. I would say there were persons who were not in favor of the election laws of the Virgin Islands.

Mr. CAREY. I did not get that answer.

Mrs. TODMAN. I will say that 100 percent of the inhabitants of the Virgin Islands were not satisfied with the election laws.

Mr. CAREY. One hundred percent of the Virgin Islands residents are not satisfied?

Mrs. TODMAN. They are not, and they were not before enacted. From the first discussions of the laws, they felt that the law might not work

out.

As I said in my statement, if you will indulge me, these laws are not the best, but they are the best we ever had, and they can be amended from time to time.

Mr. CAREY. I want clear in my own mind what your answer is. Did you state that all the people in the Virgin Islands were dissatisfied with the Election Procedures Act before and after the election and as of now?

Mrs. TODMAN. All of them were not dissatisfied. Some were dissatisfied and some were satisfied.

Mr. CAREY. There is a difference as to its workability?

Mrs. TODMAN. Yes.

Mr. CAREY. In your opinion, have the laws operated effectively enough so that the elections were conducted on an efficient basis? Mrs. TODMAN. I feel that the elections were conducted fairly according to the laws, but I also feel that amendments are necessary. Mr. CAREY. Can you give us an idea of what type of amendment you refer to? What would be helpful in the performance of your duties? Mr. TODMAN. There are several I can take up. They might not be very important, but I can mention the Armed Forces absentee ballots. They are not given enough time to have ballots go back and forth and, therefore, we lose many of the ballots we send the Armed Forces absentees.

In St. Thomas we sent out 190 absentee ballots, and only 25 were counted.

Of course, it would have been improved if we had been able to accept ballots up until the day when the ballots were tallied by the board itself.

Mr. CAREY. Are you familiar with the Uniform Servicemen's Ballot Code?

Mrs. TODMAN. I am, because from time to time

Mr. CAREY. That has not been enacted here?

Mrs. TODMAN. No; not in its entirety. As a matter of fact, the only persons that can work under the Armed Forces absentee ballot are citizens of Rhode Island and the Armed Forces themselves. Their wives and dependents are not permitted to take part in our elections. That is one of the things I have suggested.

Mr. CAREY. I believe an investigation is being conducted on the election procedures, and this recommendation will be made to this committee, I would hope.

Mrs. TODMAN. I will make whatever recommendations I feel would be necessary. I can state before your committee and in public that if it is to the best interest of the Virgin Islands that I be removed in favor a person with more ability, I have no objection to that. I want the Virgin Islands to move forward.

of

Mr. CAREY. I have read your record and the experience you have had participating with your husband when he was at Purdue University, I believe. I would suggest that you are a person, in my opinion, of great competence and experience.

Perhaps you made a sacrifice in leaving the safe sanctuary of the courts to come into the open arena of elections. I think these people of the Virgin Islands are quite fortunate to have your services.

What is your income as supervisor of elections?

Mrs. TODMAN. $9,500.

Mr. CAREY. What did you receive when you were in the courts? Mrs. TODMAN. $8,000.

Mr. CAREY. For that extra money you have a lot more extra duties, do you not?

Mrs. TODMAN. Yes, sir.

Mr. CAREY. If you had stayed in the courts up until this time, you perhaps would have increased your income at least to its present level, would you not?

Mrs. TODMAN. Yes, sir.

Mr. CAREY. Again, I want to emphasize that I have read your statement. I have also read your logical analysis that if extra people voted in the Virgin Islands in the election, it was done without your cooperation in that the court did hand down a restraining order stating anyone who came through the polls had to be allowed to vote. This was certainly beyond your control or any performance from your office.

I also think it is important that you noted in your testimony that no complaint, formal or otherwise, has been addressed to you as supervisor of elections since the last election. Is this correct?

Mrs. TODMAN. This is true.

Mr. CAREY. I think, Mrs. Todman, that you performed remarkably well in bringing forth this very, very informative statement you have given us.

I find in my own mind from your statement no basis for any opinion that your office is not being conducted for the good of all the people of the Virgin Islands, and I hope you will continue to give your fine talents to this office for years to come. I think we are most fortunate to have you here.

I have nothing further.

The Chair can understand how these people in the audience can be highly sympathetic to Mrs. Todman and value and esteem her highly. Please refrain from any demonstration of approval, however.

The gentleman from Maryland, Mr. Morton.

Mr. MORTON. I would like to congratulate you and commend you for the time you spent in the great city of Baltimore, and I would like you to convey my congratulations to your husband for attending Morgan College in our great State.

I have nothing further.

Mr. CAREY. The gentleman from Washington, Mr. Foley.

Mr. FOLEY. I have only one or two questions.

You testified, I believe, that you have recommended changes in the election laws to the legislature?

Mrs. TODMAN. I have.

Mr. FOLEY. You do not regard the present election laws as perfect, but as the best you have had up to this time?

Mrs. TODMAN. That we have had up to this time; yes, sir.

Mr. FOLEY. Has any member of the present administration or has any person in any public position of any kind ever asked you to perform duties of your office other than in a proper way?

Mrs. TODMAN. No one has ever tried to encourage me to do anything against my will. No one can, as a matter of fact. That is my disposition. No one has ever attempted to do that.

Mr. FOLEY. Has there been any unwillingness on your part or on the part of the election board to receive fully and fairly and consider fully and fairly any complaints of alleged irregularities in the election?

Mrs. TODMAN. No. I have never refused anyone. As a matter of fact, many persons tell me that I stand up and listen to too many different complaints.

I feel as a public servant I should do that. No one has made any formal complaint to me, but I have heard rumors, just as everyone else has heard.

Mr. FOLEY. Has any complaint ever come to you in your official capacity by any political group or organization that there were irregularities in the election?

Mrs. TODMAN. No one has ever made any reports to me formally, neither a person nor a political entity.

Mr. FOLEY. I reserve the balance of my time, Mr. Chairman.
Mr. CAREY. The gentleman from Utah, Mr. Burton.

Mr. BURTON. I have no questions.

Mr. CAREY. The gentleman from Texas, Mr. White.

Mr. WHITE. What is the average wait of a voter at the poll? Mrs. TODMAN. I will say that prior to 1966, the wait was very long. They might have waited 2 hours or more, because we did not have many polling places and we had more persons voting at each place. Now it is not more than an average of 15 minutes. It may be less than that.

Mr. WHITE. Did you determine at all if any persons were denied a vote because they were turned away from any particular poll, or the judges refused to take their vote?

Mrs. TODMAN. I have not been able to ascertain that this fact was at all true. I was unable to be in St. Thomas, St. Croix, and St. John polling places. I said I would not attend any polling places except where I voted personally.

I stayed in my office and did not see any election activities other than at the place where I voted.

However, I asked my assistant in St. Croix, which was the place where they seemed to have the most complaints, and he told me it was

not true.

Mr. WHITE. Have you had any direct complaints filed with your office that they had been denied the right to vote by reason of being turned from the polls or otherwise declared ineligible?

Mrs. TODMAN. I did not get any formal complaint. As my statement showed, I was served with a restraining order on the day of the election. It was on June 10, 1967, last Saturday when I was preparing this, that I saw the petition. I did not

Mr. WHITE. What did the restraining order order you to do or not to do?

Mrs. TODMAN. It directed that anyone who appeared at a polling place who was willing to take an oath that he was eligible to vote. should be permitted to vote.

Mr. WHITE. Did you have to change any procedure that you were undergoing at that time, or were you already doing this?

Mrs. TODMAN. We were not doing this because we were directed no one was to vote who was not found eligible to vote according to our records.

Mr. WHITE. Thank you very much.

Mr. CAREY. How many persons voted pursuant to that restraining

order?

Mrs. TODMAN. We do not know that. It was not separated.

Mr. CAREY. In other words, after the restraining order was issued at 4:30, thereafter anyone who came to the polling place voted?

Mrs. TODMAN. That is correct. I would say there were not too many after all.

Mr. CAREY. The gentleman from Arizona, Mr. Steiger.

Mr. STEIGER. In the exhibit of the ballots you furnished us, I noticed that on all three ballots, for all three areas involved, the order of the at large senators' names is the same. Did you maintain this order that is shown on the last throughout?

Mrs. TODMAN. Yes. That was the same. We meet and cast lots for the positions of the names on the ballots. This practice is followed throughout the Virgin Islands.

Mr. STEIGER. I have nothing further.

Mr. CAREY. Mrs. Todman, personally I want to commend you for your appearance here today and the statement which you prepared. I think it is an excellent document.

You have made a fine appearance, and I thank you very much for coming before this committee and giving us what I think is a most professional, logical, and certainly helpful assistance in this matter of election procedures.

Mrs. TODMAN. Thank you very much.

Mr. MORTON. Mrs. Todman, one question. Why was the State of New Hampshire selected as the pattern State for the election laws? Mrs. TODMAN. I am unable to say. Judge Maris and some of the members of the publishing corporation can better answer this.

Mr. CAREY. Mrs. Bertha C. Boschulte will please come forward. (Off the record.)

STATEMENT OF MRS. BERTHA C. BOSCHULTE, PRESIDENT, INDEPENDENT DEMOCRATIC CLUB OF ST. THOMAS

Mr. CAREY. It is a pleasure to welcome you before the committee. Do I understand your statement is the letter addressed to the San Juan Star?

Mrs. BOSCHULTE. No, Mr. Chairman.

If you will permit me, I will explain it.

Mr. CAREY. I see now that you have the letter and also a statement. Mrs. BOSCHULTE. Yes, Mr. Chairman.

Mr. CAREY. You desire to make the letter part of your statement? Mrs. BOSCHULTE. Yes. If you will read my statement, you will see that I am asking the letter be made part of the statement, though not read at this time.

Mr. CAREY. The letter, since it is not addressed to the committee
Mrs. BOSCHULTE. All right, sir.

Mr. CAREY (continuing). Can appear in the record at this point only by unanimous consent.

Is there unanimous consent of the committee to allow the letter which Mrs. Boschulte addressed to the San Juan Star be made part of the record at this point?

Without objection, it is so ordered.

(Mrs. Boschulte's prepared statement, together with the attached letter, follow:)