The Resolution of Election Disputes: Legal Principles that Control Election Challenges 736 A.2d 104 753 1101 250A.2d Conn. 241, 736 A.2d 104, 137 Ed. Law Rep. 1019 164 N.J. 468, A.2d241, 1101736 A.2d 104) (Cite as: 250753 Conn. (Cite as: 164 N.J. 468, 753 A.2d 1101) Supreme Court of Connecticut. Supreme CourtBORTNER of New Jersey. Steven In the Matter of the Petition of Kati GRAYv. SADLER, JohnWOODBRIDGE Sturgis and Edward TOWN OF et al. Geiger, Write-In Candidates for the offices of MayNo. 16114. or and Borough Council of Argued June 11, 1999. Chesilhurst Borough, Contesting the Results of the Decided Aug. 1999. General Election of17, November 2, 1999. Unsuccessful write-in candidate for elementary board of education brought Argued May 1,action 2000. against town, registrars of voters, and successful Decided June 30, 2000.candidates, challenging election results based on alleged voting maUnsuccessful candidatesThe for Superior mayor andCourt, city council chine malfunctions. Judicial challenged of election. trial court District of results New Haven, Pittman,The J., ordered new ordered thatDefendants special election be held. emergency election. appealed. The On Supreme Court, appeal, theJ.,Superior Court, Appellate Division, Borden, held that: (1) trial court abused its redisversed. requested SucretionCandidates in refusing to opencertification. evidence toThe consider preme Court, Poritz, C.J., by held that: (1) votes were election records offered defendants, and (2) new improperly rejected due to inadequate and confuselection was not warranted. ing instructions regarding write-in votes, and (2) Reversed were and remanded candidates entitled towith newdirection. election. Berdon, J., concurred and filed opinion. Reversed. WestHeadnotes Headnotes West [1] Elections 8.1 [1]144k8.1 Elections 1 Cases Most Cited 144k1 Most Cases Purpose of Cited election statutes is to ensure the true and most accurate count possible of votes for candidates [1]inElections the election. 159 144k159 Most Cited Cases A[2] citizen's constitutional Elections 227(8)right to vote for the candidate of his or her choice necessarily includes the 144k227(8) Most Cited Cases corollary right to ballot have that vote counted at full When individual is questioned, no voter is to value without dilution discount;construction, that principle be disfranchised on aordoubtful and also encompasses the right of all qualified electors statutes tending to limit exercise of ballot should be toliberally vote for construed a write-in in candidate byfavor. such means. his or her [2][3]Elections 1 298(1) Elections 144k1 Most Cited 144k298(1) MostCases Cited Cases Voters needlaws not generally be physically from voting to Election vestbarred primary responsibility have their votes "rejected," but may instead show for ascertaining intent and will of voters on election that, through no fault of theirappropriate own, they scope were proofficials, subject to court's of rehibited from voting for a specific candidate by Page 1 Page 1 view when officials' determination is challenged in some irregularity in the voting procedures. N.J.S.A. a judicial proceeding. 19:29-1, subd. e. [4] Elections 227(1) [3]144k227(1) Elections Most216 Cited Cases 144k216 Most Cited Cases No losing candidate is entitled to the electoral equiEssential in determining valent ofquestion a "mulligan," which is a whether free shot votes somewere improperly rejected is whether voters were times awarded to a golfer in nontournament play denied the opportunity to poorly vote for a candidate of when preceding shot was played. their choice. N.J.S.A. 19:29-1, subd. e. [5] Elections 298(3) [4]144k298(3) Elections Most181 Cited Cases 144k181 Most Cited Cases (Formerly 144k227(1)) Write-in votes were impermissibly "rejected"election, due to To secure judicial order for new municipal inadequate confusing instructions about challengerand is not required to establish that,how but to for cast write-in votes; no has information wasasprovided irregularities that he established a factual outside boothshave explaining howinto election; cast write-inmatter,voting he would prevailed instead, votes,court and limited and deficient instructions must be persuaded that (1) therewere were provided inside booths. N.J.S.A.of19:29-1, e. or substantial errors in rulings electionsubd. official officials, or substantial mistakes in count of votes, [5]and Elections 227(1) (2) as a result of those errors or mistakes, reli144k227(1) Most Cited Cases as determined by elecability of result of election, Totion determine the nature of anyinalleged officials, is seriously doubt.mistakes C.G.S.A.or § problems and their impact on the voters, court con9-328. siders extrinsic factors such as the notoriety of the candidates' campaign305(2) and the character of the elect[6] Elections orate. 144k305(2) Most Cited Cases Although underlying facts are to be established by a [6]preponderance Elections of227(1) evidence and are subject on ap144k227(1) Most Cited Cases standard, ultimate depeal to the clearly erroneous Simple deviance from statutory procedtermination of whether, based on election underlying facts, a ures, absent fraud or malconduct, will not vitiate an new municipal election is called for, that is, whethelection unless those contesting it can show that er there were substantial violations of statute as aua thorizing result of court irregularities the free expression of the to order new election that render repopular in all human likelihood been liabilitywill of result of election seriously inhas doubt, is a thwarted. mixed question of fact and law that is subject to plenary review on appeal. C.G.S.A. § 9-328; Prac[7] Elections 227(8) tice Book 1998, § 60-5. 144k227(8) Most Cited Cases Only when irregularities [7] Statutes 181(1)are such that the court cannot with reasonable certainty 361k181(1) Most Cited Cases determine who received the majority of the legal vote, can a court set aside an election. N.J.S.A. 19:29-9. [7] Statutes 188 361k188 Most Cited Cases [8] Elections 227(1) 144k227(1) Most Cited Cases 254 © 2008 Thomson Reuters/West. No Claim to Orig. US Gov. Works. © 2008 Thomson Reuters/West. No Claim to Orig. US Gov. Works.