736 A.2d 104
772
So.2d241,
1240
250
Conn.
736 A.2d 104, 137 Ed. Law Rep. 1019
772
So.2d
1240,
25241,
Fla. 736
L. Weekly
S1102
(Cite as: 250 Conn.
A.2d 104)
(Cite as: 772 So.2d 1240)
Supreme
Courttoofprevent
Connecticut.
defects clearly
operate
that free, fair and
BORTNER
open choice." Steven
Id. at 510.
v.
FN2. We
that in this case
TOWN
OF note
WOODBRIDGE
et al.we consider
and rule No.
upon16114.
only the narrow issue regarding the form of the ballot in Palm
Argued
June 11, 1999.
Beach
County.
Decided Aug. 17, 1999.
In the present case, even accepting appellants' alUnsuccessful
forof elementary
legations, wewrite-in
concludecandidate
as a matter
law that the
board
education
brought
against
town, rePalmofBeach
County
ballotaction
does not
constitute
subgistrars
voters, and successful
chalstantialofnoncompliance
with thecandidates,
statutory requirelenging
results
based onofalleged
voting maments election
mandating
the voiding
the election.
This
chine
The Superior
Judicialthe
was malfunctions.
the threshold issue
in respectCourt,
to whether
District
of New
Haven,
Pittman,
J., ordered
new
complaints
stated
a cause
of action.
Accordingly,
election.
Defendants
appealed.
The
Supreme
Court,
we affirm the trial court's dismissal with prejudice
Borden,
J., held that: Because
(1) trial the
court
abused would
its dis-be
of the complaints.
dismissal
cretion
to we
open
evidence
properinonrefusing
that basis,
conclude
thattoallconsider
other iselection
records
defendants,
new
sues ruled
uponoffered
by theby
trial
court wereand
not(2)
properly
election
not warranted.
reachedwas
*1243
and, therefore, the court's rulings
thereon are a nullity.
Reversed and remanded with direction.
It is so ordered.
Berdon, J., concurred and filed opinion.
WELLS, C.J., and SHAW, HARDING, ANWest Headnotes
STEAD, PARIENTE,
LEWIS and QUINCE, JJ.,
[1]concur.
Elections
8.1
144k8.1 Most Cited Cases
Purpose
of election
statutes
to ensure
the true and
772 So.2d
1240, 25
Fla. L.isWeekly
S1102
most accurate count possible of votes for candidates
OF DOCUMENT
inEND
the election.
[2] Elections
227(8)
144k227(8) Most Cited Cases
When individual ballot is questioned, no voter is to
be disfranchised on a doubtful construction, and
statutes tending to limit exercise of ballot should be
liberally construed in his or her favor.
[3] Elections
298(1)
144k298(1) Most Cited Cases
Election laws generally vest primary responsibility
for ascertaining intent and will of voters on election
officials, subject to court's appropriate scope of re-
Fladell v. Palm Beach County Canvassing Board
Page 1
Page 3
view when officials' determination is challenged in
a judicial proceeding.
[4] Elections
227(1)
144k227(1) Most Cited Cases
No losing candidate is entitled to the electoral equivalent of a "mulligan," which is a free shot sometimes awarded to a golfer in nontournament play
when preceding shot was poorly played.
[5] Elections
298(3)
144k298(3) Most Cited Cases
(Formerly 144k227(1))
To secure judicial order for new municipal election,
challenger is not required to establish that, but for
irregularities that he has established as a factual
matter, he would have prevailed in election; instead, court must be persuaded that (1) there were
substantial errors in rulings of election official or
officials, or substantial mistakes in count of votes,
and (2) as a result of those errors or mistakes, reliability of result of election, as determined by election officials, is seriously in doubt. C.G.S.A. §
9-328.
[6] Elections
305(2)
144k305(2) Most Cited Cases
Although underlying facts are to be established by a
preponderance of evidence and are subject on appeal to the clearly erroneous standard, ultimate determination of whether, based on underlying facts, a
new municipal election is called for, that is, whether there were substantial violations of statute authorizing court to order new election that render reliability of result of election seriously in doubt, is a
mixed question of fact and law that is subject to
plenary review on appeal. C.G.S.A. § 9-328; Practice Book 1998, § 60-5.
[7] Statutes
181(1)
361k181(1) Most Cited Cases
[7] Statutes
188
361k188 Most Cited Cases
215
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