The Resolution of Election Disputes: Legal Principles that Control Election Challenges
736 A.2d 104
816
1022
250A.2d
Conn.
241, 736 A.2d 104, 137 Ed. Law Rep. 1019
149
N.H.
105,
A.2d
1022
(Cite as: 250 816
Conn.
241,
736 A.2d 104)
(Cite as: 149 N.H. 105, 816 A.2d 1022)
Supreme Court of Connecticut.
Supreme Steven
Court ofBORTNER
New Hampshire.
Appeal of Peter McDONOUGH.
v.
No.WOODBRIDGE
2002-814.
TOWN OF
et al.
No. 16114.
Argued Jan. 29, 2003.
Opinion
Issued
Feb.
2003.
Argued
June
11,11,
1999.
Decided Aug. 17, 1999.
Candidate for county office sought review of decision
of New Hampshire
Ballot LawforCommission
Unsuccessful
write-in candidate
elementary
(BLC)
certifying
his
opponent
as winner
elecboard of education brought action
against of
town,
retion.
The of
Supreme
Nadeau, J.,
held that:chal(1)
gistrars
voters, Court,
and successful
candidates,
Supreme
Court could
jurisdiction
lenging election
results exercise
based on alleged
votingover
maelection
dispute;
(2)
evidence
was
not
sufficient
to
chine malfunctions. The Superior Court, Judicial
rebut
statutory
that voters
intended
District
of Newpresumption
Haven, Pittman,
J., ordered
new
their
straight
ticket votes
to apply
to Supreme
skipped races;
election.
Defendants
appealed.
The
Court,
and
(3) evidence
was (1)
not trial
sufficient
to support
a
Borden,
J., held that:
court abused
its disconclusion
ballottoinstructions
were so
cretion in that
refusing
open evidence
to confusconsider
ing
as to interfere
with a voter's
right, if any,
to unelection
records offered
by defendants,
and (2)
new
derstandable
ballot
instructions.
election was not warranted.
Affirmed.
Reversed and remanded with direction.
McGuire
Arnold, JJ.,
assigned, conBerdon, and
J., concurred
and specially
filed opinion.
curred specially and filed opinion.
West Headnotes
[1] Elections West
8.1 Headnotes
[1]
Courts
209(2)
144k8.1 Most Cited Cases
106k209(2)
Cited
Casesis to ensure the true and
Purpose of Most
election
statutes
Supreme
Courtcount
could
exercise
jurisdiction
over
most accurate
possible
of votes
for candidates
candidate's
county
election
dispute,
even
though
in the election.
statute did not provide an express statutory right of
[2] Elections
227(8)
appeal
to the Supreme
Court; Supreme Court could
144k227(8)
Mostappeal
Cited as
Cases
treat
candidate's
a petition for a writ of
When individual
ballot is questioned, no voter is to
certiorari.
RSA 665:14.
be disfranchised on a doubtful construction, and
[2]
Certiorari
statutes
tending to 4limit exercise of ballot should be
73k4
Most
Cited Cases
liberally construed
in his or her favor.
Even assuming the absence of a statutory right of
[3] Elections
appeal,
the Supreme298(1)
Court cannot be divested of its
144k298(1)
Mosterrors
CitedofCases
power
to correct
law and other abuses, by
Election
laws
generally
vest
primary responsibility
writ of certiorari.
for ascertaining intent and will of voters on election
[3]
Courtssubject
204
officials,
to court's appropriate scope of re106k204 Most Cited Cases
Page 1
Page 1
view when officials' determination is challenged in
The
superintending
power of the Supreme Court
a judicial
proceeding.
over inferior tribunals does not depend upon, and is
[4] limited
Elections
not
by, the 227(1)
technical accuracy of designa144k227(1)
Most Cited
Cases
tion
of legal forms
of action.
No losing candidate is entitled to the electoral equi[4]
Elections
300 which is a free shot somevalent
of a "mulligan,"
144k300
Most
Cited
times awarded to aCases
golfer in nontournament play
Voter
presents
question
fact, not a queswhenintent
preceding
shotawas
poorlyofplayed.
tion of law.
[5] Elections
298(3)
[5]
Administrative
Law Cases
and Procedure
741
144k298(3)
Most Cited
15Ak741
Most 144k227(1))
Cited Cases
(Formerly
To secure judicial order for new municipal election,
[5] Administrative Law and Procedure
challenger is not required to establish that, but for
744.1
irregularities that he has established as a factual
15Ak744.1 Most Cited Cases
matter, he would have prevailed in election; inIn the context of a writ of certiorari, the Supreme
stead, court must be persuaded that (1) there were
Court will not conduct a de novo review of the
substantial errors in rulings of election official or
evidence presented before an administrative
officials, or substantial mistakes in count of votes,
tribunal; the Supreme Court will, however, review a
and (2) as a result of those errors or mistakes, relidecision of the administrative tribunal for legal erability of result of election, as determined by elecrors with respect to jurisdiction, authority, or obtion officials, is seriously in doubt. C.G.S.A. §
servance of the law, causing it to arrive at a conclu9-328.
sion which could not legally or reasonably be made
or[6]
causing
it to act arbitrarily,
capriciously, or with
Elections
305(2)
an144k305(2)
unsustainable
exercise
of
discretion.
Most Cited Cases
Although underlying facts are to be established by a
[6] Elections
227(8)
preponderance of evidence and are subject on ap144k227(8) Most Cited Cases
peal to the clearly erroneous standard, ultimate deIf the intent of the voter can be determined with
termination of whether, based on underlying facts, a
reasonable certainty from an inspection of the balnew municipal election is called for, that is, whethlot, in light of the generally known conditions ater there were substantial violations of statute autendant upon the election, effect must be given to
thorizing court to order new election that render rethat intent; if the voter's intent cannot thus be fairly
liability of result of election seriously in doubt, is a
and satisfactorily ascertained, the ballot cannot
mixed question of fact and law that is subject to
rightly be counted.
plenary review on appeal. C.G.S.A. § 9-328; Practice
Book 1998, §227(9)
60-5.
[7]
Elections
144k227(9) Most Cited Cases
[7] Statutes
181(1)
If a voter makes an appropriate mark for any can361k181(1) Most Cited Cases
didate or office in substantial compliance with statute,
vote should188
be counted. RSA 659:17.
[7] the
Statutes
361k188 Most Cited Cases
[8] Elections
227(9)
144k227(9) Most Cited Cases
264
© 2008 Thomson Reuters/West. No Claim to Orig. US Gov. Works.
© 2008 Thomson Reuters/West. No Claim to Orig. US Gov. Works.
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