In re Gray-Sadler
736 A.2d 104
753Conn.
A.2d 241,
1101736 A.2d 104, 137 Ed. Law Rep. 1019
250
164
N.J.
468,
753 A.2d
(Cite as: 250 Conn.
241,1101
736 A.2d 104)
(Cite as: 164 N.J. 468, 753 A.2d 1101)
Supreme
Courtthe
of voting
Connecticut.
tions contained
inside
machines should
Steven the
BORTNER
be displayed outside
voting machines so that
v. to read the instructions
voters have an opportunity
TOWN
OF
WOODBRIDGE
et al. may have
in advance and pose any questions they
No. 16114.
to the election officials.
Arguedthat
June
11, 1999. model and/or
[12] It is preferred
a mechanical
Decided
17, 1999.
demonstration
voting Aug.
machine
be available to instruct voters, but unlike the voting instructions,
Unsuccessful
candidate
for elementary
they are notwrite-in
absolutely
required.
Although
board
of
education
brought
action
against
reN.J.S.A. 19:48-1(l ) states that all votingtown,
machines
gistrars
of
voters,
and
successful
candidates,
chal"shall be provided with a mechanical model, illuslenging
results
voting matrating election
the manner
of based
votingon
onalleged
the machine,
suitchine
malfunctions.
The
Superior
Court,
Judicial
able for the instruction of voters," N.J.S.A. 19:50-3
District
of the
New
Haven,
J., ordered
new
adds that
model
mustPittman,
be provided
only if "pracelection.
Defendants
appealed.
The
Supreme
Court,
ticable." When interpreting different statutory proBorden,
(1) trial
its dis-to
visions,J.,weheld
are that:
obligated
to court
make abused
every effort
cretion
in
refusing
to
open
evidence
to
consider
harmonize them, even if they are in apparent conelection
records
offered by defendants,
and 130,
(2) new
flict. State
v. Federanko,
26 N.J. 119,
139
election
was
not
warranted.
A.2d 30 (1958); Builders League of South Jersey,
Inc. v. Pine Hill, 286 N.J.Super. 348, 352, 669 A.2d
Reversed and remanded with direction.
279 (App.Div.1996). Reading those provisions in
pari materia,
we conclude
that
the latter modifies
Berdon,
J., concurred
and filed
opinion.
the former to require the provision of a model only
when it will not be
a heavy
burden on the locality.
West
Headnotes
Consequently,
the Borough of Chesilhurst has
[1]
Elections if 8.1
difficulty
in procuring
either an accurate and com144k8.1
Most
Cited Cases
plete mechanical
Purpose
of election model
statutesorisatodemonstration
ensure the truevoting
and
machine,
it need
notpossible
provideofthose
most
accurate
count
votesaids.
for candidates
in the election.
For this election, however, there is only one polling
place
with two voting
[2]
Elections
227(8)machines. Thus, providing
an extra machine
for Cases
instructional purposes is not
144k227(8)
Most Cited
likelyindividual
to be an ballot
undue isburden.
Respondents
When
questioned,
no voter isconto
that the extra
is feasible
here, butand
exbecede
disfranchised
onmachine
a doubtful
construction,
press concern
cost ofofextra
statutes
tending about
to limitthe
exercise
ballotmachines
should bein
future elections
polling places are
liberally
construedwhen
in his multiple
or her favor.
used. We do not require that there be an extra vot[3]
298(1)elections, but rather that an
ingElections
machine for future
144k298(1)
Most
Cited
Cases
extra machine be provided
when a mechanical *486
Election
laws
generally
vesttheprimary
responsibility
model is unavailable and
extra machine
would
for
intent and
will of voters on election
notascertaining
be a great burden
to obtain.
officials, subject to court's appropriate scope of reChesilhurst argues that Camden County should be
responsible for the costs of the special election because the county breached its contract to provide
Page 1
Page 10
view when officials' determination is challenged in
a Chesilhurst
judicial proceeding.
with legally compliant voting machines, election workers, and printed ballots. See
[4]
Elections
227(1)
N.J.S.A.
19:8-6, 19:48-3.17,
19:48-3.18 (providing
144k227(1)
Most
Cited
Cases
that local municipalities rent voting machines, perNo
losingand
candidate
is entitled
to the electoral
equisonnel,
ballots from
the county).
After oral
arvalent
of
a
"mulligan,"
which
is
a
free
shot
somegument we were informed by counsel for Camden
times
awarded
a golfer
in in
nontournament
play
County
that a tonew
election
Chesilhurst would
when
preceding
shot
was
poorly
played.
cost approximately $9,000. We agree with the trial
court that, in these circumstances, Camden County
[5] Elections
298(3)
should fund the costs of the special election.
144k298(3) Most Cited Cases
(Formerly 144k227(1))IV
To
secure
judicialoforder
new municipal
election,
The
judgment
the for
Appellate
Division
is rechallenger
is
not
required
to
establish
that,
but
for
versed. A special election is to be held in Chesilirregularities
that
he
has
established
as
a
factual
hurst for the offices of mayor and borough council
matter,
he would
election;
as set forth
herein.have
Weprevailed
defer the in
effective
datein-of
stead,
court must
be 31,
persuaded
(1) the
there
were
this opinion
to July
2000, tothat
permit
schedulsubstantial
errors
in
rulings
of
election
official
or
ing of the special election in September 2000 purofficials,
or
substantial
mistakes
in
count
of
votes,
suant to N.J.S.A. 40A:16-16.
and (2) as a result of those errors or mistakes, reliability
of result of election,
as PORITZ
determined
elecFor reversal--Chief
Justice
andbyJustices
tion
officials,STEIN,
is seriously
in doubt.LONG,
C.G.S.A.
§
O'HERN,
COLEMAN,
VER9-328.
NIERO and LaVECCHIA.
[6]Opposed--None.
Elections
305(2)
144k305(2) Most Cited Cases
164 N.J. underlying
468, 753 A.2d
Although
facts1101
are to be established by a
preponderance of evidence and are subject on apEND OF DOCUMENT
peal 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
263
© 2008 Thomson Reuters/West. No Claim to Orig. US Gov. Works.
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