Bortner v. Town of Woodbridge 736 A.2d 104 736 A.2d 104 250 Conn. 241, 736 A.2d 104, 137 Ed. Law Rep. 1019 250 Conn. 241, 736 A.2d 104, 137 Ed. Law Rep. 1019 (Cite as: 250 Conn. 241, 736 A.2d 104) (Cite as: 250 Conn. 241, 736 A.2d 104) Process Supreme of statutory Court interpretation of Connecticut.involves a reasoned searchSteven for intention of legislature; in other BORTNER words, Supreme Courtv.seeks to determine, in a reasonedTOWN manner, the meaning of etstatutory lanOF WOODBRIDGE al. guage as applied to No. facts16114. of case, including question of whether language actually applies. Argued June 11, 1999. [8] Statutes Decided 188 Aug. 17, 1999. 361k188 Most Cited Cases Unsuccessful candidate In seeking towrite-in determine meaningforof elementary statute, Suboard of education brought action against town,torepreme Court looks to words of statute itself, legistrars of voters, and successful candidates, chal-its gislative history and circumstances surrounding lenging election results based on alleged ma-to enactment, to legislative policy it was voting designed chine malfunctions. Superior to Court, Judicial implement, and to itsThe relationship existing legisDistrict of New Haven, ordered new lation and common law Pittman, principlesJ.,governing same election. Defendants appealed. The Supreme Court, general subject matter. Borden, J., held that: (1) trial court abused its dis[9] Trial 68(1)to open evidence to consider cretion in refusing 388k68(1) Mostoffered Cited Cases election records by defendants, and (2) new Whether or not a trial election was not warranted.court will permit further evidence to be offered after the close of testimony Reversed remanded with direction. in case isand a matter resting within its discretion. Berdon, J., concurred [10] Trial 66 and filed opinion. 388k66 Most Cited Cases West Headnotes [1] Elections [10] Trial 718.1 144k8.1 388k71 Most Most Cited Cited Cases Cases Purpose of election statutes to ensure the true and In ordinary situation whereistrial court feels that, by most accurate count possible of votes for candidates inadvertence or mistake, there has been a failure to inintroduce the election. available evidence upon material issue in case of such a nature that in its absence there is ser[2] Elections 227(8) ious danger of a miscarriage of justice, court may 144k227(8) Most Cited Cases properly permit that evidence to be introduced at When individual ballot is questioned, no voter is to any time before case has been decided, or after debe disfranchised on a doubtful construction, and cision has been rendered. statutes tending to limit exercise of ballot should be liberally construed in293(1) his or her favor. [11] Elections 144k293(1) Most Cited Cases [3] Elections 298(1) Town, registrars of voters, and successful candid144k298(1) Most Cited Cases ates for elementary board of education were entitled Election laws generally vest primary responsibility to open the evidence to present election record docfor ascertaining intent and will of voters on election uments in support of their opposition to unsuccessofficials, subject to court's appropriate scope of reful write-in candidate's action for a new election on basis of alleged voting machine malfunctions; documents offered conclusively demonstrated that it Page 1 Page 2 view when officials' determination is challenged in impossible for voting machine to have been out a was judicial proceeding. of paper for write-in votes since early morning, as [4] Elections 227(1) found by trial court, there was no special need for 144k227(1) Cited speed and Most finality in Cases case at time evidence was No losing candidate is entitled to the electoral offered, which was nearly one month beforeequinew valent of a "mulligan," which is a free shot election was to be held. C.G.S.A. § 9-328. sometimes awarded to a golfer in nontournament play [12] preceding Elections shot 227(1) when was poorly played. 144k227(1) Most Cited Cases [5] Elections 298(3) "Ruling of election official" that, if erroneous, can 144k298(3) Most Cited form basis for order of Cases new municipal election must (Formerly involve some144k227(1)) act or conduct by official that: (1) deTo secure judicial presented order for new municipal cides a question to the official, election, or (2) inchallenger is not required to establish that, authoritbut for terprets some statute, regulation, or other irregularities that he has established as a factual ative legal requirement, applicable to election promatter, he would have prevailed in election; incess. C.G.S.A. § 9-328. stead, court must be persuaded that (1) there were [13] Elections substantial errors in 227(8) rulings of election official or 144k227(8) Most Citedmistakes Cases in count of votes, officials, or substantial Any failure on part of election to continue and (2) as a result of those errorsofficials or mistakes, relithroughout the of day to inspect voting machines ability of result election, as determined by elec-in use officials, for purpose of ensuring that there were not tion is seriously in doubt. C.G.S.A. § mechanical problems with those machines was not 9-328. an erroneous "ruling of election official" that could [6] Elections 305(2)of new election, in action form basis for grant 144k305(2) Cited Cases brought byMost unsuccessful write-in candidate for eleAlthough underlying facts are such to be aestablished a mentary board of education; failure, if by it expreponderance of evidence and are subject on apisted, did not decide, either explicitly or implicitly, peal to the clearly erroneous standard, ultimate dea question presented to officials regarding election termination based any on underlying facts, a process, it of didwhether, not interpret statute, regulation, new municipal election islegal called for, that or is, whethor other authoritative statement requireerment thereapplicable were substantial violations of statute au-be to that process, and it could not thorizing to ordermore new than election that render reregardedcourt as anything exercise of election liability of result of election seriously in doubt, is a day discretion regarding proper mechanical funcmixed question of fact and law that is subject to tioning of voting machines. C.G.S.A. § 9-328. plenary review on appeal. C.G.S.A. § 9-328; Prac227(8) [14]Book Elections tice 1998, § 60-5. 144k227(8) Most Cited Cases [7] Statutes failure 181(1) Mechanical of a voting machine properly to 361k181(1) Most Cited record write-in votes Cases may constitute a mistake in count of votes which, if substantial, could justify [7] Statutes 188 grant of new municipal election. C.G.S.A. § 9-328. 361k188 Most Cited Cases [15] Elections 227(8) 144k227(8) Most Cited Cases Any mechanical failure of voting machines prop171 © 2008 Thomson Reuters/West. No Claim to Orig. US Gov. Works.