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) opening, Supreme plus oneCourt replacement machine. Each of Connecticut. elector was entitled to BORTNER cast one vote for each of any Steven two of the five candidates v. for the board. A total of 3057 electors ballots in theetelection. The TOWNcast OFtheir WOODBRIDGE al. election returns showed the following votes for the No. 16114. various candidates for the board: (1) 1250 votes for Argued 11,votes 1999. James M. Carolan; (2)June 1142 for Marianne VaAug. 17, 1999. hey; (3) 1081Decided votes for Eleanor Sanders Sheehy; (4) 987 votes for Bonna M. Greene; and (5) 931 votes Unsuccessful write-in candidate for elementary for the plaintiff. [FN8] Therefore, according to the board of education brought action against town, revote count, Carolan, Vahey, Sheehy and Greene gistrars of voters, and successful candidates, chalwould have been elected, and the plaintiff would lenging election results based on alleged voting mahave lost to Greene, the next closest successful canchine malfunctions. The Superior Court, Judicial didate, by fifty-six votes. The plaintiff did not reDistrict of New Haven, Pittman, J., ordered new quest a recanvass pursuant to General Statutes § election. Defendants appealed. The Supreme Court, 9-311, [FN9] and **109 *248 none was required by Borden, J., held that: (1) trial court abused its dislaw pursuant to *249General Statutes § 9-311a. cretion in refusing to open evidence to consider [FN10] election records offered by defendants, and (2) new election was notOf warranted. FN8. the 931 votes cast for the plaintiff, 872 resulted from write-in votes on the Reversed and remanded with direction. voting machines, and 59 votes were cast by electors using absentee ballots. Berdon, J., concurred and filed opinion. FN9. General Statutes § 9-311 provides: West Headnotes "(a) If, within three days after an election, [1] Elections 8.1 it appears to the moderator that there is a 144k8.1 Most Cited Cases discrepancy in the returns Purpose of election statutes is to ensureoftheany truevoting and district, such moderator shall forthwith most accurate count possible of votes for candidates within said period summon, by written noin the election. tice delivered personally, the recanvass officials, 227(8) consisting of the mechanic or [2] Elections mechanics, at Cases least two checkers of differ144k227(8) Most Cited ent political and at least two absentWhen individual ballotparties is questioned, no voter is to ee ballot of construction, different political be disfranchised on counters a doubtful and parties who served at such election, and statutes tending to limit exercise of ballot should be the registrars and the clerk of the liberally construed in hisoforvoters her favor. municipality in which the election was [3] Elections 298(1) held. Such written notice shall require 144k298(1) Most Cited Caseswith him the depository such clerk to bring Election laws generally vest primary responsibility envelopes required by section 9-150a, the for ascertaining intent and willballots of voters on election package of write-in provided for in officials, subject scopeapplicaof resection to 9- court's 310, theappropriate absentee ballot tions, the list of absentee ballot applications, the registry list and the moderators' Page 1 Page 6 view when officials' determination is challenged in returns and shall require such recanvass ofa judicial proceeding. ficials to meet at a specified time not later [4] Elections than the 227(1) fifth business day after such elec144k227(1) Most Casesthe returns of a voting tion to Cited recanvass No losing machine candidateoris entitled to the electoral equivoting machines or absentee valent of aballots "mulligan," which is a free shot someor write-in ballots used in such distimes awarded a golfer in nontournament play trict intosuch election. If any of such rewhen preceding shotofficials was poorly canvass are played. unavailable at the time of the recanvass, the registrar of [5] Elections 298(3) voters of the same political party as that of 144k298(3) Most Cited Cases the recanvass official unable to attend shall (Formerly 144k227(1)) designate another elector having previous To secure judicial order for new municipal election, training and experience in the conduct of challenger is not required to establish that, but for elections to take his place. Before such irregularities that he has established as a factual recanvass is made, such moderator shall matter, he would have prevailed in election; ingive notice, in writing, to the chairman of stead, court must be persuaded that (1) there were the town committee of each political party substantial errors in rulings of election official or which nominated candidates for the elecofficials, or substantial mistakes in count of votes, tion, and, in the case of a state election, to and (2) as a result of those errors or mistakes, relithe Secretary of the State, of the time and ability of result of election, as determined by elecplace where such recanvass is to be tion officials, is seriously in doubt. C.G.S.A. § made; and each such chairman may send 9-328. two representatives to be present at such recanvass. Such representatives may ob[6] Elections 305(2) serve, no one other than a recanvass of144k305(2) Mostbut Cited Cases ficial may take part recanvass.by aIf Although underlying facts are toinbethe established any irregularity in the recanvass preponderance of evidence and are subjectprocedure on apis noted by such a representative, he shall peal to the clearly erroneous standard, ultimate debeofpermitted present evidence offacts, such airtermination whether,tobased on underlying regularity in is any contest relating to the new municipal election called for, that is, whethelection. er there were substantial violations of statute au"(b) to Theorder moderator shall that determine the thorizing court new election render replace or places where the recanvass shall liability of result of election seriously in doubt, is a be conducted such recanvass is held mixed question of fact and, and iflaw that is subject to before the machines are boxed and collecplenary review on appeal. C.G.S.A. § 9-328; Practhe manner required by section tice Book ted 1998,in§ 60-5. 9-266, the moderator may either require that such recanvass of such machines be [7] Statutes 181(1) conducted in Cases each place where the ma361k181(1) Most Cited chines are located, or he may require that [7] Statutes they be188 removed to one central place, 361k188 Most Cited Cases where such recanvass shall be conducted. All recanvassing procedures shall be open to public observation. Such recanvass officials shall, in the presence of such 175 © 2008 Thomson Reuters/West. No Claim to Orig. US Gov. Works.