In re Ocean County Com’r of Registration for a Recheck of the Voting Machines for the May 11, 2004 Municipal Election 736 A.2d 104 879 250 A.2dConn. 1174 241, 736 A.2d 104, 137 Ed. Law Rep. 1019 379 (Cite N.J.Super. 461, 879 A.2d 1174A.2d 104) as: 250 Conn. 241, 736 (Cite as: 379 N.J.Super. 461, 879 A.2d 1174) Supreme Court of Connecticut. SuperiorSteven CourtBORTNER of New Jersey, Appellate Division. v. In the Matter of OF the Application of theetOCEAN TOWN WOODBRIDGE al. COUNTY COMMISSIONER OF No. 16114. REGISTRATION FOR A RECHECK OF THE VOTArgued June 11, MAY 1999. 11, 2004, ING MACHINES FOR THE Decided Aug. MUNICIPAL ELECTIONS in 17, the 1999. Township of Long Beach and Manchester and the Unsuccessful write-in candidate for elementary Borough of Island Heights. board of education brought action against town, rePeter L. Murphy, Plaintiff-Appellant, gistrars of voters, and successful candidates, chalv. lenging election results based on alleged voting maOcean County Board of Elections, Ocean County Clerk, chine malfunctions. The Superior Court, Judicial Township of Long Beach and District of New Haven, Pittman, J., ordered new Ralph Bayard, Defendants-Respondents. election. Defendants appealed. The Supreme Court, Borden, J., held that:Feb. (1) 15, trial2005. court abused its disArgued cretion in refusing to open evidence to consider Decided Aug. 5, 2005. election records offered by defendants, and (2) new Background: election wasUnsuccessful not warranted.candidate for township board of commissioners challenged results. The SuperiReversed andDivision, remanded with direction. or Court, Law Ocean County, entered summary judgment dismissing complaint. Candidate apBerdon, J., concurred and filed opinion. pealed. West Headnotes Holdings: The Superior Court, Appellate Division, [1] Elections 8.1 Wecker, J.A.D., held that: 144k8.1 Most Cited Cases (1) candidate was not prejudiced by rechecking voting Purpose of election statutes is to ensure the true and machines; most accurate count possible of votes for candidates (2) absentee ballots received after polls closed were inin the election. valid; (3) [2] writ-in vote for candidate Elections 227(8) already listed on ballot was144k227(8) invalid; andMost Cited Cases (4) candidate was notballot entitled additionalno discovery. When individual is to questioned, voter is to Affirmed. be disfranchised on a doubtful construction, and statutes tending to limit exercise of ballot should be West Headnotes liberally construed in his or her favor. [1] Elections 222 [3] Elections 298(1) 144k222 Most Cited Cases 144k298(1) Most Cited Cases Unsuccessful candidate for township board of commisElection laws generally vest primary responsibility sioners was not prejudiced by court order authorizing for ascertaining intent and will of voters on election state attorney general to clear the voting machines and officials, subject to court's appropriate scope of rerecheck the machines; candidate had notice of attorney Page 1 Page 1 view when officials' determination is challenged in motion to recheck machines and candidate ageneral's judicial proceeding. failed to oppose it, and board of elections was required [4] Elections to keep paper tape227(1) of votes, and candidate failed to seek 144k227(1) Most Citedthe Cases permission to inspect paper tapes. N.J.S.A. 19:52-6. No losing candidate is entitled to the electoral equi[2] Elections 291 which is a free shot somevalent of a "mulligan," 144k291 Most Cited Cases in nontournament play times awarded to a golfer A candidate challenging electionplayed. results has the burden when preceding shot was poorly of proving that one or more legal votes were rejected, [5] 298(3) andElections that the number of improperly rejected votes was 144k298(3) Cited sufficient toMost change theCases result of the election; however, (Formerly 144k227(1)) the challenger is not required to prove that the rejected To secure forher. new municipal election, votes werejudicial cast fororder him or challenger is not required to establish that, but for [3] Elections that he 216.1 irregularities has established as a factual 144k216.1 matter, he Most wouldCited haveCases prevailed in election; inAbsentee ballots for township of there commissioners stead, court must be persuaded board that (1) were that were received the polls had closed wereorinvalsubstantial errors inafter rulings of election official id, even or though they were postmarked election officials, substantial mistakes in countbefore of votes, day; plain meaning of statute is that ballots must be "reand (2) as a result of those errors or mistakes, reliceived"of by theofboard of as elections before the polls ability result election, determined by elecclosed, using date of receiptin rather date of§posttion officials, is seriously doubt.than C.G.S.A. mark prevents fraud and provides a reasonably prompt 9-328. determination of election results. N.J.S.A. 19:57-23. [6] Elections 305(2) [4] Elections 216.1Cases 144k305(2) Most Cited 144k216.1underlying Most Cited Cases Although facts are to be established by a A clear purposeofofevidence strict adherence the statutory preponderance and are to subject on ap- cutoff date for counting absentee ballots, as with peal to the clearly erroneous standard, ultimate de-other rules for accepting absentee is to deter fraud termination of whether, basedballots, on underlying facts, a and maintain the integrity the elective process. N.J.S.A. new municipal election of is called for, that is, wheth19:57-23. er there were substantial violations of statute authorizing court to order new election that render re[5] Elections liability of result of227(8) election seriously in doubt, is a 144k227(8) MostofCited mixed question fact Cases and law that is subject to Write-in vote for candidate for township board of complenary review on appeal. C.G.S.A. § 9-328; Pracmissioners whose name already appeared on the ballot tice Book 1998, § 60-5. was invalid under statute governing irregular ballots; there was no guarantee [7] Statutes 181(1) that an electronic vote had no also been cast forCited the candidate 361k181(1) Most Cases by the elector, and candidate's name was clearly listed on the ballot. N.J.S.A. [7] Statutes 188 19:49-5. 361k188 Most Cited Cases [6] Judgment 186 275 © 2008 Thomson Reuters/West. No Claim to Orig. US Gov. Works. © 2008 Thomson Reuters/West. No Claim to Orig. US Gov. Works.