736 A.2d 104 772Conn. So.2d241, 1240736 A.2d 104, 137 Ed. Law Rep. 1019 250 772 So.2d 1240, 25 241, Fla. L. Weekly S1102 (Cite as: 250 Conn. 736 A.2d 104) (Cite as: 772 So.2d 1240) Supreme Court of Connecticut. Supreme of Florida. StevenCourt BORTNER Andre FLADELL, v. et al., Appellants, v. TOWN OF WOODBRIDGE et al. PALM BEACHNo. COUNTY CANVASSING 16114. BOARD, etc., et al., Appellees. Argued 11,Appellants, 1999. Julius Katz,June et al., Decided Aug. v. 17, 1999. Florida Elections Canvassing Commission, etc., et Unsuccessful write-in candidate for elementary al., Appellees. board of education brought action against town, reNos. SC00-2373, SC00-2376. gistrars of voters, and successful candidates, challenging election results on alleged voting maDec.based 1, 2000. chine malfunctions. The Superior Court, Judicial Voters brought declaratory judgment on District of New action Haven,forPittman, J., ordered new legality Defendants of butterfly appealed. ballot thatThe allegedly election. Supremeconfused Court, voters J., by held listing in abused right and left Borden, that:candidates (1) trial court its discolumnsin with arrows to a center column. cretion refusing to pointing open evidence to consider They sought a re-vote, presidentialand election, election records offered new by defendants, (2) newor a statistical reallocation election was not warranted.of the vote. The Circuit Court, Palm Beach County, Jorge Labarga, J., disReversed andcomplaints. remanded with direction. missed the Voters appealed. The District Court of Appeal certified the order to be of Berdon, J., concurred and filed opinion. great public importance warranting immediate resolution. The Supreme held that the ballot did West Court Headnotes not constitute substantial noncompliance with the [1] Elections 8.1 statutory requirements and, therefore, did not man144k8.1 Most Cited Cases date theof voiding of statutes the election. Purpose election is to ensure the true and most accurate count possible of votes for candidates Affirmed. in the election. West Headnotes [2] Elections 227(8) 144k227(8) Most Cited [1] Elections 167 Cases When individual ballotCases is questioned, no voter is to 144k167 Most Cited be disfranchised on a doubtful construction, and [1] Elections 186(1) statutes tending to limit exercise of ballot should be 144k186(1) Most Cited liberally construed in his Cases or her favor. Butterfly ballot that allegedly confused voters by [3] Elections listing candidates 298(1) in right and left columns with ar144k298(1) Most Cases rows pointing to Cited a center column in alleged violaElection laws generally vest primaryonresponsibility tion of the statutory requirements the order of for intent will of voters electiona theascertaining candidates did notand entitle voters to on a re-vote, officials, subject toelection, court's appropriate scope of renew presidential or a statistical reallocation of the election totals; the ballot did not consti- Fladell v. Palm Beach County Canvassing Board Page 1 Page 1 view when officials' determination is challenged in substantial noncompliance with the statutory atute judicial proceeding. requirements and, therefore, did not mandate the [4] Elections voiding of the227(1) election. West's F.S.A. §§ 144k227(1) Cited Cases 101.151(4),Most 101.191. No losing candidate is entitled to the electoral equi[2] Pleading 312 which is a free shot somevalent of a "mulligan," 302k312 Most Cited Cases in nontournament play times awarded to a golfer If an preceding exhibit that is attached to played. a complaint facially when shot was poorly negates the cause of action, the document controls [5] 298(3) in determining a motion to andElections must be considered 144k298(3) MostF.S.A. Cited RCP CasesRule 1.130(b). dismiss. West's (Formerly 144k227(1)) [3]secure Elections 186(1) To judicial order for new municipal election, 144k186(1) Cited Cases challenger is Most not required to establish that, but for As a general that rule,he a court should not as voida an elecirregularities has established factual tion forheballot unless such defects matter, wouldform havedefects prevailed in election; incause the ballot to be in substantial noncompliance stead, court must be persuaded that (1) there were with the statutory election substantial errors in rulingsrequirements. of election official or officials, or substantial mistakes in count of votes, [4] (2) Elections 186(1) and as a result of those errors or mistakes, reli144k186(1) Most Cited Cases ability of result of election, as determined by elecThe reluctance to reach a decision that C.G.S.A. will result §in tion officials, is seriously in doubt. the disfranchisement of voters is a vital considera9-328. tion in determining whether to void an election based on an alleged violation in the form of the bal[6] Elections 305(2) lot. 144k305(2) Most Cited Cases *1241 underlying Henry B. Handler, K. Friedman, Although facts are toDavid be established by a Donald Feldman William Cornwell preponderance of and evidence andJ.are subjectofonWeiss ap& Handler, P.A., Boca Raton, Florida; Gary M. peal to the clearly erroneous standard, ultimate deFarmer, Jr.ofofwhether, Gillespie, Goldman, Kronengold termination based on underlying facts, a& Farmer, P.A., election Fort Lauderdale, Florida; andwhethDavid new municipal is called for, that is, Krathen the Law Offices of David Krathen, erH.there wereofsubstantial violations of statute auFort Lauderdale, Florida, for Appellants in Case thorizing court to order new election that render reNo. SC002373.of election seriously in doubt, is a liability of result mixed question of fact and law that is subject to Deborah K. Kearney, General Counsel, and PracKerey plenary review on appeal. C.G.S.A. § 9-328; Carpenter, Assistant General Counsel, Tallahassee, tice Book 1998, § 60-5. Florida; Victoria L. Weber and Donna E. Blanton, Tallahassee, [7] Statutes Florida, 181(1)and David I. Spector, West Palm Beach, Florida, of Steel, Hector & Davis, 361k181(1) Most Cited Cases LLP, on behalf of the Secretary of State Katherine [7] Statutes 188 Director of the Division of Harris, Clay Roberts, 361k188 Most Cited Cases Elections, and the Elections Canvassing Commission; Barry Richard of Greenberg, Traurig, P.A., 213 © 2008 Thomson Reuters/West. No Claim to Orig. US Gov. Works. © 2008 Thomson Reuters/West. No Claim to Orig. US Gov. Works.