The Resolution of Election Disputes: Legal Principles that Control Election Challenges 736 A.2d 104 700 250A.2d Conn.1224 241, 736 A.2d 104, 137 Ed. Law Rep. 1019 142 N.H. 288, 700 A.2d 1224 (Cite as: 250 Conn. 241, 736 A.2d 104) (Cite as: 700 A.2d 1224) Supreme Court of Connecticut. Supreme Steven Court of New Hampshire. BORTNER Mary G.v.KIBBE v. TOWN OF WOODBRIDGE et al. TOWN OF MILTON, and another. No. 16114. No. 96-771. Argued June 11, 1999. Sept. Aug. 18, 1997. Decided 17, 1999. Losing candidate in town election for appealed from Unsuccessful write-in candidate elementary determination of town boardaction of recount thattown, ballots board of education brought against reon whichof stickers used to vote for write-in gistrars voters,had andbeen successful candidates, chalcandidate were valid thatonwrite-in candidate lenging election resultsand based alleged voting mawas winner once thoseThe ballots were counted. The chine malfunctions. Superior Court, Judicial Superior J., new upDistrict Court, of NewStrafford Haven, County, Pittman,Fitzgerald, J., ordered held determination, losing The candidate appealed election. Defendantsand appealed. Supreme Court, again. Supreme Brock, helditsthat: Borden,The J., held that: Court, (1) trial court C.J., abused dis(1) statuteinprohibiting of stickers to balcretion refusing toattachment open evidence to consider lots applies to town elections; (2) statuteand is mandatelection records offered by defendants, (2) new ory; (3) use of stickers violated statute; (4) violaelection was not warranted. tion was not minor one that could be ignored; (5) Reversed and remanded with direction. statute is reasonable exercise of legislative authority; and (6) applying statute did not impermissibly Berdon, J., concurred and filed opinion. disenfranchise voters who used stickers. West Headnotes Reversed and remanded. [1] Elections 8.1 144k8.1 Most Cited Cases West Headnotes Purpose of election statutes is to ensure the true and [1] Towns 28 possible of votes for candidates most accurate count 381k28 Most Cited Cases in the election. Statute prohibiting attachment of stickers to ballots [2] Elections 227(8) RSA 656:21, 659:65, applies to town elections. 144k227(8) Most Cited Cases subd. 2(b), 669:22, 669:25. When individual ballot is questioned, no voter is to [2] be Elections disfranchised 182 on a doubtful construction, and 144k182 Most Cited Cases statutes tending to limit exercise of ballot should be Statute prohibiting stickers to ballots liberally construed attachment in his or heroffavor. is mandatory. RSA 659:65, subd. 2(b). [3] Elections 298(1) [3] Statutes Most176 144k298(1) Cited Cases 361k176 Cases Election Most laws Cited generally vest primary responsibility for ascertaining intent and will of voters on election [3] Statutes officials, subject 181(1) to court's appropriate scope of re361k181(1) Most Cited Cases Page 1 Page 1 view when officials' determination is challenged in [3] Statutes 205 a judicial proceeding. 361k205 Most Cited Cases [4](Formerly Elections361k208) 227(1) 144k227(1) Cited Cases In matters Most of statutory interpretation, Supreme No losing candidate to legislature the electoralasequiCourt is final arbiter isofentitled intent of exvalent of a "mulligan," which is a free shot somepressed in words of statute considered as whole. times awarded to a golfer in nontournament play 188 was poorly played. [4] Statutes when preceding shot 361k188 Most Cited Cases [5] matters Electionsof statutory 298(3) interpretation, Supreme In 144k298(3) MosttoCited Casesof statute, and where Court looks first language (Formerly 144k227(1)) possible, ascribes plain and ordinary meanings to To secure words used.judicial order for new municipal election, challenger is not required to establish that, but for [5] Statutes that227 irregularities he has established as a factual 361k227 Most Citedhave Casesprevailed in election; inmatter, he would Use of word "shall" in statute indicated stead, court must be persuaded that (1)legislature's there were intent that statute substantial errorsbeinmandatory. rulings of election official or officials, or substantial mistakes in count of votes, 28 of those errors or mistakes, reli[6] andTowns (2) as a result 381k28 Most Cited ability of result of Cases election, as determined by elecVoters' use of stickers to cast in write-in in town§ tion officials, is seriously doubt.votes C.G.S.A. election violated statute prohibiting attachment of 9-328. stickers to ballots. RSA 659:65, subd. 2(b). [6] Elections 305(2) [7] Elections 309 144k305(2) Most Cited Cases 144k309 Cited Cases AlthoughMost underlying facts are to be established by a In cases involving violation and of election law, on court preponderance of evidence are subject apinquires whether there was substantial compliance peal to the clearly erroneous standard, ultimate dewith statute. of whether, based on underlying facts, a termination new municipal election is called for, that is, wheth[8] Elections 227(1) er there were substantial violations of statute au144k227(1) Most Cited Cases thorizing court to order new election that render reWhen violation of election law consists of minor liability of result of election seriously in doubt, is a deviation from statutory requirements, court may mixed question of fact and law that is subject to find substantial compliance, and in such case court plenary review on appeal. C.G.S.A. § 9-328; Pracwill not invalidate vote if voter's intent is clearly tice Book 1998, § 60-5. evident. [7] Statutes 181(1) [9] Elections 186(1) 361k181(1) Most Cited Cases 144k186(1) Most Cited Cases [7] Statutes 188 [9] Elections 227(8) 361k188 Most Cited Cases 144k227(8) Most Cited Cases Statutes regulating form of ballots or votes should 312 © 2008 Thomson Reuters/West. No Claim to Orig. US Gov. Works. © 2008 Thomson Reuters/West. No Claim to Orig. US Gov. Works.