736 A.2d 104 772 So.2d241, 1240 250 Conn. 736 A.2d 104, 137 Ed. Law Rep. 1019 772 So.2d 1240, 25241, Fla. 736 L. Weekly S1102 (Cite as: 250 Conn. A.2d 104) (Cite as: 772 So.2d 1240) Supreme Courttoofprevent Connecticut. defects clearly operate that free, fair and BORTNER open choice." Steven Id. at 510. v. FN2. We that in this case TOWN OF note WOODBRIDGE et al.we consider and rule No. upon16114. only the narrow issue regarding the form of the ballot in Palm Argued June 11, 1999. Beach County. Decided Aug. 17, 1999. In the present case, even accepting appellants' alUnsuccessful forof elementary legations, wewrite-in concludecandidate as a matter law that the board education brought against town, rePalmofBeach County ballotaction does not constitute subgistrars voters, and successful chalstantialofnoncompliance with thecandidates, statutory requirelenging results based onofalleged voting maments election mandating the voiding the election. This chine The Superior Judicialthe was malfunctions. the threshold issue in respectCourt, to whether District of New Haven, Pittman, J., ordered new complaints stated a cause of action. Accordingly, election. Defendants appealed. The Supreme Court, we affirm the trial court's dismissal with prejudice Borden, J., held that: Because (1) trial the court abused would its dis-be of the complaints. dismissal cretion to we open evidence properinonrefusing that basis, conclude thattoallconsider other iselection records defendants, new sues ruled uponoffered by theby trial court wereand not(2) properly election not warranted. reachedwas *1243 and, therefore, the court's rulings thereon are a nullity. Reversed and remanded with direction. It is so ordered. Berdon, J., concurred and filed opinion. WELLS, C.J., and SHAW, HARDING, ANWest Headnotes STEAD, PARIENTE, LEWIS and QUINCE, JJ., [1]concur. Elections 8.1 144k8.1 Most Cited Cases Purpose of election statutes to ensure the true and 772 So.2d 1240, 25 Fla. L.isWeekly S1102 most accurate count possible of votes for candidates OF DOCUMENT inEND the election. [2] Elections 227(8) 144k227(8) Most Cited Cases When individual ballot is questioned, no voter is to be disfranchised on a doubtful construction, and statutes tending to limit exercise of ballot should be liberally construed in his or her favor. [3] Elections 298(1) 144k298(1) Most Cited Cases Election laws generally vest primary responsibility for ascertaining intent and will of voters on election officials, subject to court's appropriate scope of re- Fladell v. Palm Beach County Canvassing Board Page 1 Page 3 view when officials' determination is challenged in a judicial proceeding. [4] Elections 227(1) 144k227(1) Most Cited Cases No losing candidate is entitled to the electoral equivalent of a "mulligan," which is a free shot sometimes awarded to a golfer in nontournament play when preceding shot was poorly played. [5] Elections 298(3) 144k298(3) Most Cited Cases (Formerly 144k227(1)) To secure judicial order for new municipal election, challenger is not required to establish that, but for irregularities that he has established as a factual matter, he would have prevailed in election; instead, court must be persuaded that (1) there were substantial errors in rulings of election official or officials, or substantial mistakes in count of votes, and (2) as a result of those errors or mistakes, reliability of result of election, as determined by election officials, is seriously in doubt. C.G.S.A. § 9-328. [6] Elections 305(2) 144k305(2) Most Cited Cases Although underlying facts are to be established by a preponderance of evidence and are subject on appeal to the clearly erroneous standard, ultimate determination of whether, based on underlying facts, a new municipal election is called for, that is, whether there were substantial violations of statute authorizing court to order new election that render reliability of result of election seriously in doubt, is a mixed question of fact and law that is subject to plenary review on appeal. C.G.S.A. § 9-328; Practice Book 1998, § 60-5. [7] Statutes 181(1) 361k181(1) Most Cited Cases [7] Statutes 188 361k188 Most Cited Cases 215 © 2008 Thomson Reuters/West. No Claim to Orig. US Gov. Works.