In re McDonough 736 A.2d 104 816Conn. A.2d 241, 1022736 A.2d 104, 137 Ed. Law Rep. 1019 250 149 N.H. 105, 816 A.2d 1022A.2d 104) (Cite as: 250 Conn. 241, 736 (Cite as: 149 N.H. 105, 816 A.2d 1022) Supreme of Connecticut. A vote should notCourt be counted for a candidate in a BORTNER race in which Steven the voter clearly did not intend to v. vote. TOWN OF WOODBRIDGE et al. [9] Elections 219 No. 16114. 144k219 Most Cited Cases June Voters are notArgued required to 11, vote1999. for all offices in an Decided Aug. 17, 1999. election. Unsuccessful [10] Electionswrite-in 219candidate for elementary board of education brought 144k219 Most Cited Casesaction against town, registrars of voters, successfulbycandidates, chal-to A voter's intent isand determined giving weight lenging election results on alleged votingofmaall marks placed on based the ballot, regardless the chine malfunctions. Superior Judicial method by which theThe voter chose toCourt, cast a vote. District of New Haven, Pittman, J., ordered new [11] Elections 219 election. Defendants appealed. The Supreme Court, 144k219 Most Cited Cases Borden, J., held that: (1) trial court abused its disMarks in on refusing a ballot may not beevidence ignored. to consider cretion to open election records offered by defendants, and (2) new [12] Elections 227(1) election was not warranted. 144k227(1) Most Cited Cases The Supreme Court will void an election beReversed and remanded withnot direction. cause of mere irregularities or technicalities in the Berdon, concurred and filed opinion. form of J., a ballot, election, or vote. Headnotes [13] Elections West 219 [1] Elections 8.1 Cases 144k219 Most Cited 144k8.1 Most an Cited Casesdispute, the Supreme Court In resolving election Purpose statutes is to true to andall strives of to election enfranchise voters byensure givingthe effect most accurate marks on the count ballot.possible of votes for candidates in the election. [14] Elections 219 [2] Elections 227(8) 144k219 Most Cited Cases 144k227(8) Most Cited Cases In resolving an election dispute, the Supreme Court When individual is questioned, no voter to strives to avoid ballot diluting votes by counting as isvotes bemarks disfranchised a doubtful construction, and that were on intended to indicate the voter's instatutes tent to tending abstain. to limit exercise of ballot should be liberally construed in his or her favor. [15] District and Prosecuting Attorneys 2(1) [3] Elections 298(1) 131k2(1) Most Cited Cases 144k298(1) Most Cited Cases [15] Elections 292vest primary responsibility Election laws generally 144k292 Most Cited for ascertaining intent Cases and will of voters on election Evidencesubject was not sufficient to rebut statutory preofficials, to court's appropriate scope of resumption that voters intended their straight ticket votes to apply to skipped races, and thus ballots in which the voter voted a straight ticket and did not Page 1 Page 2 view when officials' determination is challenged in a make judicial proceeding. any mark for candidates in county attorney race were credited toward straight ticket party can[4] Elections 227(1) didate, where voter left seven or more out of twelve 144k227(1) Most Cited Cases races blank. RSA 659:17. No losing candidate is entitled to the electoral equivalent of a "mulligan," which isAttorneys a free shot some[16] District and Prosecuting 2(1) times awarded a golfer 131k2(1) MosttoCited Casesin nontournament play when preceding shot was poorly played. [16] Elections 295(1) [5] Elections Most298(3) 144k295(1) Cited Cases 144k298(3) Most Cases to support a conclusion Evidence was notCited sufficient (Formerly 144k227(1))were so confusing as to inthat ballot instructions To securewith judicial orderright, for new municipal election, terfere a voter's if any, to understandable challenger is not required to establish that, but for ballot instructions, in county attorney candidate's irregularities that heeven has though established as a factual election dispute, candidate's expert matter, he would have prevailed in election; testified regarding the confusing nature of theininstead, court evidence must be persuaded that (1) there structions; did not demonstrate that were voters substantial errors in the rulings of election official or did not understand instructions. officials, or substantial mistakes in count of votes, [17](2)Prohibition 1 errors or mistakes, reliand as a result of those 314k1 Most Cited Cases ability of result of election, as determined by election officials, is seriously in doubt. C.G.S.A. § [17] Prohibition 10(1) 9-328. 314k10(1) Most Cited Cases A Elections writ of prohibition is an extraordinary writ used [6] 305(2) to prevent an inferior tribunal or agency from im144k305(2) Most Cited Cases properly exercising jurisdiction notestablished granted. by a Although underlying facts are to be preponderance of evidence and are subject on ap[18] Prohibition 1 peal to the clearly erroneous standard, ultimate de314k1 Most Cited Cases termination of whether, based on underlying facts, a A writ of prohibition is granted with extreme caunew municipal election is called for, that is, whethtion, and then, only when the right to relief is clear. er there were substantial violations of statute authorizing court to order new election that render re227(1) [19] Elections liability of result of election seriously in doubt, is a 144k227(1) Most Cited Cases mixed question of fact and law that subjecteither to To set aside an election, a party mustis prove plenary reviewleaves on appeal. C.G.S.A. 9-328;inPracfraud which the intent of the§voters doubt tice Book 1998, § 60-5. or irregularities in the conduct of the election of such a nature as to affect the result. [7] Statutes 181(1) **1024 *106 Nixon Peabody, LLP, of Manchester 361k181(1) Most Cited Cases (W. Scott O'Connell and Patricia L. Peard on the brief, and Mr. O'Connell orally), and Shaheen and [7] Statutes 188 Gordon, of Concord (Steven M. Gordon on the 361k188 Most Cited Cases brief), for the petitioner. Stephen J. Judge, acting attorney general (Anne M. Edwards, associate attorney general, and Orville B. 265 © 2008 Thomson Reuters/West. No Claim to Orig. US Gov. Works.