736 A.2d 104 650 250 S.W.2d 510241, 736 A.2d 104, 137 Ed. Law Rep. 1019 Conn. 650 (Cite S.W.2d Ed. Law 354 104) as:510, 250 11 Conn. 241, Rep. 736 A.2d (Cite as: 650 S.W.2d 510) Supreme of Connecticut. Court ofCourt Appeals of Texas, StevenTyler. BORTNER v. et al., Appellants, Dan DEFFEBACH, TOWN OF WOODBRIDGE et al. v. No. 16114. SCHOOL DISTRICT, CHAPEL HILL INDEPENDENT Appellee. Argued June 11, 1999. No. 12-82-0124-CV. Decided Aug. 17, 1999. March 10, 1983. Unsuccessful write-in candidate for elementary education against town, re- of In a board schoolofbond electionbrought contest,action the 241st District Court gistrars of voters, and successful candidates, chalSmith County, Glenn Phillips, J., entered judgment in favor lengingdistrict, election results based on alleged voting of school and the contestants appealed. ThemaCourt chine malfunctions. The that Superior Court, Judicial of Appeals, Colley, J., held the contestants failed to District of New Haven, J., ordered prove by a preponderance of Pittman, the evidence that therenew were election. Defendants appealed. The Supreme Court, any illegal votes sufficient to change the result of the elecheld that: (1)oftrial courtwill abused distion,Borden, or that aJ.,determination the true of theitsmajority cretion in refusing to open evidence to consider of the qualified voters participating in said election was imelection records offered by defendants, and (2) new possible. election was not warranted. Affirmed. Reversed and remanded with direction. West Headnotes Berdon, J., concurred and filed opinion. [1] Appeal and Error 1010.1(4) West Headnotes 30k1010.1(4) Most Cited Cases [1] Elections 8.1 Findings of fact supported by competent evidence are bind144k8.1 Most Cases ing on the Court ofCited Appeals. Purpose of election statutes is to ensure the true and [2] Elections most accurate 10 count possible of votes for candidates 144k10 Most Cited in the election. Cases Election laws will be strictly enforced to prevent fraud, but [2] Elections liberally construed to 227(8) effectuate the will of voters at the 144k227(8) Most Cited Cases election being contested. When individual ballot is questioned, no voter is to [3] Elections 10 on a doubtful construction, and be disfranchised 144k10 Most Cited statutes tendingCases to limit exercise of ballot should be Purpose of the election in code election liberally construed his and or her favor.laws in general is to prohibit serious error, fraud, mistake and corruption, and 298(1) of disfranchisement for irreg"not[3] be Elections used as an instrument 144k298(1) Most Cited Cases ularities of procedure." Election laws generally vest primary responsibility [4] Elections 10intent and will of voters on election for ascertaining 144k10 Most Cited Cases officials, subject to court's appropriate scope of reAbsent a showing of fraud or a reliable indication that the Deffebach v. Chapel Hill Independent School District Page 1 Page 1 view when officials' is challenged in will of the majority has determination not been expressed in a fair manner, a judicial proceeding. the court liberally construes and enforces as directory only the provisions of the election code and other election laws [4] Elections which are not by their227(1) own terms clearly mandatory. 144k227(1) Most Cited Cases losing candidate [5]No Schools 97(4) is entitled to the electoral equivalent of a "mulligan," which is a free shot some345k97(4) Most Cited Cases times awarded totoa school golfer bond in nontournament play Although, in regard election, absentee voting when preceding commenced on theshot day was that poorly notice played. of the election was published in newspaper, such voting was commenced in accord[5] with Elections 298(3) in pertinent part, that whenever ance statute providing, 144k298(3) Most Cited any election lawfully callsCases for a date which does not permit (Formerly 144k227(1)) the full period for absentee voting, the voting shall begin as To secure judicial after order for municipal election, soon as possible the new ballots become available. challenger is not required to establish that, but for V.A.T.S. Election Code, art. 5.05, subd. 4c. irregularities that he has established as a factual [6]matter, Schoolshe would 97(4)have prevailed in election; instead, court beCases persuaded that (1) there were 345k97(4) Mostmust Cited substantialabout errors rulingsmade" of election official or Complaint thein"home paper absentee ballots officials, or substantial mistakes in count of votes, that were voted by the first six absentee voters in school and election (2) as awas result of thoseinerrors or mistakes, reli- set bond unavailing that those ballots clearly ability result of election, forth the of proposition and gave as an determined opportunityby to elecvote both seriously in bonds. doubt. C.G.S.A. § fortion and officials, against theisissuance of the 9-328. [7] Elections 212 [6] Elections 144k212 Most Cited 305(2) Cases Most Cited Cases In144k305(2) regard to provision of the Texas Election Code requiring Although underlying are officials to be established a revoters to present to the facts election a current by voter preponderance of evidence and are subject on apgistration certificate, compliance with the provisions of that peal to clearly and erroneous standard, V.A.T.S. ultimate Election dearticle arethe directory not mandatory. termination Code, art. 8.07.of whether, based on underlying facts, a new municipal election is called for, that is, wheth[8]erSchools there were 97(4.5) substantial violations of statute au345k97(4.5) Most Cases thorizing court toCited order new election that render re(Formerly 345k97(41/2), 345k97(4), liability of result of election seriously in doubt, is345k97, a 345k97(1/2)) mixed question of fact and law that is subject to Parties contesting school bond election §have the Pracburden of plenary review on appeal. C.G.S.A. 9-328; establishing that, because of the election irregularities tice Book 1998, § 60-5. shown, the true result of the election was changed. [7] Statutes 181(1) [9]361k181(1) Schools Most 97(4.5) Cited Cases 345k97(4.5) Most Cited Cases [7] Statutes (Formerly188345k97(41/2), 345k97(4), 345k97, 361k188 Most Cited Cases 345k97(1/2)) Parties contesting school bond election failed to prove by a © 2006 Thomson/West. No Claim to Orig. U.S. Govt. Works. © 2008 Thomson Reuters/West. No Claim to Orig. US Gov. Works. 195