In re Gray-Sadler
736 A.2d 104
753 A.2d 1101
250 Conn. 241, 736 A.2d 104, 137 Ed. Law Rep. 1019
164 N.J. 468, 753 A.2d 1101
(Cite as: 250 Conn. 241, 736 A.2d 104)
(Cite as: 164 N.J. 468, 753 A.2d 1101)
voter's wish
and preserve
franchise." Id. at 301,
Supreme
Court ofthe
Connecticut.
323 A.2d 521. Steven BORTNER
v.
We observe,
theWOODBRIDGE
case before us, et
that
TOWNinOF
al.this was a
small election in aNo.
small
borough with only seven
16114.
offices to be filled. Like Harry Wright, the candidate for officeArgued
in In June
re Fifteen
Voters, petitioners
11, 1999.
campaigned Decided
vigorously
for17,
write-in
Aug.
1999. votes and sent
publicity mailings to all of the registered voters in
Unsuccessful
candidate
the borough. write-in
Petitioners
**1107 for
also elementary
campaigned
board
of
education
brought
action
against
retogether in opposition to the incumbent town,
candidates
gistrars
of
voters,
and
successful
candidates,
chaland made it quite clear that they were running as a
lenging
election team.
results based
voting
mayor/council
Cf. id.onatalleged
298, 323
A.2dma521
chine
malfunctions.
The of
Superior
Judicial
(noting
joint campaign
write-inCourt,
candidate
and
District
of
New
Haven,
Pittman,
J.,
ordered
new
other candidates). On the paper rolls, many of the
election.
Defendants
The Supreme
voided votes
were appealed.
cast in groups
of three,Court,
but on
Borden,
J., held
that:or(1)just
trialbelow
court abused
its dislines just
above
the designated
cretion
to reasonable
open evidence
to consider
spaces.in refusing
The only
conclusion
to be
election
records
offered
by
defendants,
and
(2) newof
drawn from those groupings is that the intention
election
waswho
not warranted.
the voters
cast those votes was to elect GraySadler for mayor, and Sturgis and Geiger for borReversed and remanded with direction.
ough council.
Berdon, J., concurred and filed opinion.
*478 The voters who used stickers had taken the
trouble to bring West
them Headnotes
to the voting booth and to attempt
to
affix
them
in
[1] Elections
8.1 the proper place. It defies
common
sense
to imagine
144k8.1
Most
Cited
Cases that those voters entered
the
voting
machines
with isany
intent other
than
Purpose of election statutes
to ensure
the true
andto
elect
the
candidates
named
on
the
stickers
to
the
ofmost accurate count possible of votes for candidates
fices
for
which
they
were
running.
To
disregard
in the election.
those votes would run counter to the purpose of our
inquiry--to
for the real intention of the voter
[2]
Electionssearch227(8)
"no
matter
how
crudely
it is expressed, provided
144k227(8) Most Cited Cases
only, individual
of course,ballot
that there
is a reasonable
When
is questioned,
no voterexpresis to
of that intent
the ballot."
Id. at 300,and
323
besion
disfranchised
on on
a doubtful
construction,
A.2d
521.
statutes tending to limit exercise of ballot should be
liberally construed in his or her favor.
Recognizing the voters' intent, we must ask why
write-in
votes were
placed on the wrong lines or not
[3]
Elections
298(1)
cast in the Most
first place.
The answer to that question
144k298(1)
Cited Cases
should help
to determine
whetherresponsibility
the "rejected"
Election
laws us
generally
vest primary
voters
had
their
votes
invalidated
as
a
of their
for ascertaining intent and will of votersresult
on election
own errors
or astoacourt's
result of
election officials'
officials,
subject
appropriate
scope of nonrecompliance with statutory requirements. See, e.g.,
Kirk v. French, 324 N.J.Super. 548, 554, 736 A.2d
546 (Law Div.1998) (distinguishing extrinsic cause
Page 1
Page 6
view when officials' determination is challenged in
rejection
from voter's refusal to comply with
a of
judicial
proceeding.
simple, reasonable, and normal requirement de[4]
Elections
227(1) voting). In fact, the record
signed
to assure honest
144k227(1)
Cited
Cases with N.J.S.A. 19:50-3,
illustrates aMost
failure
to comply
No
losing
candidate
is
entitled
theinstruct
electoral
equi-on
which directs election officialstoto
voters
valent
of
a
"mulligan,"
which
is
a
free
shot
somethe proper use of voting machines. The instructions
times
awarded
to a"carefully
golfer indrawn
nontournament
play
should
have been
so as to fully
adwhen
shot
wasproper
poorlyprocedure
played. he [or she]
vise preceding
the voter as
to the
is to follow." In re Sweetwood, supra, 91 N.J.Super.
[5] Elections
298(3)
at 500, 221 A.2d 543. Indeed, the statute requires
144k298(3) Most Cited Cases
that a mechanical model be provided, if practicable,
(Formerly 144k227(1))
to illustrate how to operate the actual machine and
To secure judicial order for new municipal election,
to afford voters an opportunity to practice on the
challenger is not required to establish that, but for
model.
N.J.S.A. 19:50-3; see also N.J.S.A.
irregularities that he has established as a factual
19:48-1(l ) (requiring mechanical model). It also
matter, he would have prevailed in election; inrequires that "[t]he voter's attention ... be called to
stead, court must be persuaded that (1) there were
[a] diagram of the face of the machine so that the
substantial errors in rulings of election official or
voter can become familiar with the location of the
officials, or substantial mistakes in count of votes,
questions and the names of the officers and candidand (2) as a result of those errors or mistakes, reliates." N.J.S.A. 19:50-3.
ability of result of election, as determined by election
officials,
is seriously
in doubt.
C.G.S.A. was
§
During
the Chesilhurst
election,
no information
9-328.
provided outside the voting booths explaining how
properly to cast write-in *479 votes. Voters seeing
[6] Elections
305(2)
conflicting and incomplete instructions for the first
144k305(2) Most Cited Cases
time on entering the booths were understandably
Although underlying facts are to be established by a
confused, and their confusion is attributable to depreponderance of evidence and are subject on apfects outside of their control. The testimony at the
peal to the clearly erroneous standard, ultimate dehearing indicated that voters who made a sincere
termination of whether, based on underlying facts, a
effort to cast a write-in vote were thwarted by the
new municipal election is called for, that is, whethlimited and deficient instructions provided inside
er there were substantial violations of statute authe booths. For example, one voter, Bernadette
thorizing court to order new election that render reFreeman, testified that she wished to cast write-in
liability of result of election seriously in doubt, is a
votes for Gray-Sadler, Sturgis, and Geiger, but folmixed question of fact and law that is subject to
lowed the personal choice "warning" and stepped
plenary review on appeal. C.G.S.A. § 9-328; Pracout of the booth to ask an election official for intice Book 1998, § 60-5.
structions. When she spoke with an official, the
official
entered 181(1)
the voting machine and pulled the
[7]
Statutes
lever
to
enter
Ms.
Freeman's
361k181(1) Most Cited
Cases votes before she was
finished voting. [FN2] Even if she had been allowed
to re-enter
[7]
Statutes
188the booth and continue voting,
Ms. Freeman
wouldCases
not have found an adequate ex361k188
Most Cited
planation of the personal choice procedures in the
polling place.
259
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