The Resolution of Election Disputes: Legal Principles that Control Election Challenges 736 A.2d 104 736 104 250A.2d Conn. 241, 736 A.2d 104, 137 Ed. Law Rep. 1019 250 Conn. 241, 736 A.2d Law Rep. 1019 (Cite as: 250 Conn. 241,104, 736 137 A.2dEd. 104) (Cite as: 250 Conn. 241, 736 A.2d 104) Supreme of Connecticut. occurred in Court this case. Cf. Wrinn v. DunSteven BORTNER leavy, 186 Conn. 125, 130-31, 440 A.2d v. 261 (1982). Nonetheless, we treat this apTOWN OF WOODBRIDGE al. peal, which is from the final et judgment of No. the trial court, as16114. if it had been filed in the Appellate Court and we had transferred it Argued 11, 1999. from that court June pursuant to § 51-199(c). Decided Aug. 17, 1999. FN5. There was also a registered write-in Unsuccessful write-in for elementary candidate for thecandidate Amity regional board of board ofeducation, education who brought action against rewas unsuccessful town, but did gistrars not of voters, and successful candidates, chalchallenge the results of that election. lenging election results based on alleged voting machine Superior Judicial On Maymalfunctions. 13, 1999, theThe plaintiff filed Court, the complaint of New Haven, the Pittman, ordered new inDistrict this case challenging result J., of the election election. Defendants appealed. The Supreme Court, held on May 3, 1999. The case was tried to the triJ.,May held 19 that: court its 21, disalBorden, court on and(1)21,trial 1999, andabused on May cretion refusing evidence to consider the trial in court issued toan open oral memorandum of deelection recordsa offered by defendants, andon (2)June new cision ordering new election to be held election notappeal warranted. 22, 1999. was This followed. Reversed andare remanded with direction. Certain facts undisputed. In the May 3, 1999 election, there were five candidates for four availBerdon, J., concurred and filed opinion. able positions on the Woodbridge elementary board of education (board). [FN6] The plaintiff was one West Headnotes of the five candidates, and was the only registered [1] Elections 8.1 write-in candidate pursuant to General Statutes § 9144k8.1 Most Cited Cases 373a. [FN7] Prior to the election, **108 all *247 of Purpose of election statutes is to ensure the true and the voting machines had been inspected and certimost accurate count possible of votes for candidates fied by the office of the secretary of the state in acin the election. cordance with state law, and all of the machines had inspected 227(8) and serviced by the town's elec[2] been Elections tion machine mechanic. In addition, prior to the 144k227(8) Most Cited Cases election, all of the candidates had been no afforded theto When individual ballot is questioned, voter is opportunity to inspect the machines. The plaintiff be disfranchised on a doubtful construction, and took thattending opportunity, and did notofmake comstatutes to limit exercise ballotany should be plaint to any election official. Furthermore, prior liberally construed in his or her favor. to the election, all of the machines were tested and were functioning properly, [3] Elections 298(1) including the recording of144k298(1) write-in votes. Most Cited Cases Election laws generally vest primary responsibility FN6. In intent addition to the contest the for ascertaining and will of voters on for election board, the municipal election determined officials, subject to court's appropriate scope of rethe following offices: first selectman; selectmen; board of assessment appeals; zoning board of appeals; zoning board of ap- Page 1 Page 5 view when officials' determination is challenged in a judicial proceeding. peals alternate; and regional board of education. [4] Elections 227(1) 144k227(1) Cited Cases FN7.MostGeneral Statutes § 9-373a No losing candidate"Any is entitled to desiring the electoral equiprovides: person to be a valent of a "mulligan," which is astate, free shot somewrite-in candidate for any district or times awarded to office a golfer in filled nontournament play municipal to be at any regular when preceding poorlyhis played. election shot shallwas register candidacy with the Secretary of the State on a form pre[5] Elections scribed by 298(3) the secretary. The registration 144k298(3) Cited shallMost include theCases candidate's name and ad(Formerly 144k227(1)) dress, the designation and term of the ofTo secure for new municipal ficejudicial sought,order a statement of consentelection, to the challenger is not required to establish that, but for candidacy, and any other information irregularities that he has established as a factual which the secretary deems necessary. In matter, the he case would prevailed in election; inof ahave write-in candidacy for the ofstead, court must be persuaded that (1) Governor, there were fice of Governor or Lieutenant substantial errors in rulings of election official or the registration shall include a candidate officials,fororeach substantial mistakes in count votes, of those offices, or shall beofvoid. and (2) The as a registration result of those errors or mistakes, relishall not include a desigability of result of election, as determined by elecnation of any political party. The registration officials, is be seriously in doubt. C.G.S.A. tion shall filed with the secretary not§ 9-328. more than ninety days prior to the election at which the office is to be filled and not [6] Elections 305(2) later than four o'clock p.m. on the four144k305(2) Most Cited Cases teenth day preceding the election, or the Although underlying facts are to be established by a registration shall be void. No person nompreponderance of evidence and are subject on apinated for an office by a major or minor peal to the clearly erroneous standard, ultimate departy or by nominating petition shall retermination of whether, based on underlying facts, a gister as a write-in candidate for that office new municipal election is called for, that is, whethunder the provisions of this section, and er there were substantial violations of statute auany registration of a write-in candidacy thorizing court to order new election that render refiled by such a person shall be void. Notliability of result of election seriously in doubt, is a withstanding any provision of this section mixed question of fact and law that is subject to to the contrary, any person desiring to be a plenary review on appeal. C.G.S.A. § 9-328; Pracwrite-in candidate for the municipal office tice Book 1998, § 60-5. of town meeting member in any town having a representative town meeting which [7] Statutes 181(1) has seventy-five or more 361k181(1) Most Cited Cases members shall register his candidacy with the town clerk of such town188 not later than the last business [7] Statutes preceding such election." 361k188day Most Cited Cases The polling place was open from 6 a.m. to 8 p.m. There were eight voting machines operating at the 174 © 2008 Thomson Reuters/West. No Claim to Orig. US Gov. Works.