The Resolution of Election Disputes: Legal Principles that Control Election Challenges
736 A.2d 104
816 A.2d 1022
250 Conn. 241, 736 A.2d 104, 137 Ed. Law Rep. 1019
149 N.H. 105, 816 A.2d 1022
(Cite as: 250 Conn. 241, 736 A.2d 104)
(Cite as: 149 N.H. 105, 816 A.2d 1022)
B. AnalysisSupreme Court of Connecticut.
Steven BORTNER
[15] Keeping these principles
in mind, which are
v.
consistentTOWN
with our
statutes
and
common
OF WOODBRIDGE
et al. law, we
turn to the BLC's decision.
The BLC determined
No. 16114.
that the evidence in this case was insufficient to rebut the presumption
that
the11,
voter
intended his or
Argued
June
1999.
her straight ticket
voteAug.
to apply
to skipped races.
Decided
17, 1999.
We hold that the BLC's ruling was reasonable and
Unsuccessful
write-in
forto 172
elementary
sustainable
on the
record candidate
with respect
of the
board
of
education
brought
action
against
town,
reballots, in which the voter skipped seven or more
gistrars
of
voters,
and
successful
candidates,
chalraces. When a voter left seven or more out of
lengingraces
election
results
based on
alleged
voting
twelve
blank,
the voter's
intent
to have
hismaor
chine
malfunctions.
Superior
Court,races
Judicial
her
straight
ticket voteThe
count
in the blank
can
District
of New
Pittman,
J., ordered
be
determined
withHaven,
"reasonable
certainty."
We new
upelection.
Defendants
appealed.
The
Supreme
Court,
hold the BLC's decision to count these 172 ballots
Borden,
J., held that: (1) trial court abused its disfor
Coughlin.
cretion in refusing to open evidence to consider
Even
if any
of the
remaining
97 challenged
ballots
election
records
offered
by defendants,
and (2)
new
should
not
have
been
counted
for
Coughlin,
he
election was not warranted.
would still win the election for Hillsborough
Reversed
and remanded
with direction.
County
Attorney
by a margin
of 25 votes. Thus,
we need not determine whether the BLC's ruling
Berdon, J., concurred and filed opinion.
with respect to any of the remaining 97 ballots is
sustainable.
West Headnotes
[1] Elections
8.1
*113 We caution that, in a future case, evidence
144k8.1 Most Cited Cases
that a voter skipped races on the ballot could be
Purpose of election statutes is to ensure the true and
considered strong evidence that the voter intended
most accurate count possible of votes for candidates
to abstain from the skipped races and did not intend
in the election.
his or her straight ticket vote to count in those
races.
For instance,
if a voter were to mark the
[2] Elections
227(8)
straight
ticket
boxCited
and Cases
then also mark the boxes
144k227(8)
Most
next
to
each
candidate
of
straight ticket
partyis into
When individual ballot isthe
questioned,
no voter
eleven
out
of
twelve
races,
it
might
very
well
strain
be disfranchised on a doubtful construction,
and
logic
to
hold,
as
the
concurrence
requires,
that
statutes tending to limit exercise of ballot should be
**1029
voter intended
toher
votefavor.
for a candidate in
liberallythe
construed
in his or
the twelfth race. It may well be that the more reasonable
interpretation
of that ballot was that the
[3] Elections
298(1)
voter
intended
to abstain
from the twelfth race.
144k298(1)
Most
Cited Cases
Election laws generally vest primary responsibility
In
future, the intent
BLC must
examine
all ofonthe
evidforthe
ascertaining
and will
of voters
election
ence
of thesubject
voter'stointent,
the scope
number
officials,
court'sincluding
appropriate
of of
reraces left blank and whether the voter voted for individuals who were of the straight ticket party or of
a different party. If the legislature responds to the
Page 1
Page 7
view when officials' determination is challenged in
concerns
a judicial expressed
proceeding.by the secretary of state, the
BLC and this opinion, the confusion feared by the
[4] Electionsshould227(1)
concurrence
be eliminated.
144k227(1) Most Cited Cases
We
McDonough's
constitutional
No now
losingaddress
candidate
is entitled to
the electoral chalequilenges.
valent of McDonough
a "mulligan,"argues
whichthat
is athe
freeBLC
shotabrogsomeated
judicial to
function
to in
determine
voter intent
timesitsawarded
a golfer
nontournament
play
inwhen
favor
of the statutory
He argues that
preceding
shot was scheme.
poorly played.
the BLC interpreted the statutory scheme to require
it[5]
to Elections
apply a voter's298(3)
straight ticket vote "despite in144k298(3)
Most
Cited
Cases The record does not
consistent ballot markings."
(Formerly
144k227(1))
support his assertion. It shows that the BLC deTo securevoter
judicial
order
for new
termined
intent
based
uponmunicipal
the ballotselection,
themchallenger
to establish
that,
but for
selves,
and is
notnot
byrequired
blind reference
to the
statutory
irregularities
that he contrary
has established
as a factual
scheme.
Moreover,
to McDonough's
asmatter,
he
would
have
prevailed
in
election;
insertions, the BLC did not find that the ballot markstead,
court
must be persuaded
that (1)
there
were
ings
were
inconsistent
with a straight
ticket
vote.
substantial
errors
in
rulings
of
election
official
or
Because the record does not support the factual preofficials,
or
substantial
mistakes
in
count
of
votes,
dicate for this argument, we do not address it suband (2) as a result of those errors or mistakes, relistantively.
ability of result of election, as determined by elec[16] officials,
McDonough
next argues
that theC.G.S.A.
ballot in-§
tion
is seriously
in doubt.
structions
were
so
confusing
as
to
interfere
imper9-328.
missibly with a voter's fundamental right to vote.
[6] Elections
Assuming,
without 305(2)
deciding, that voters have a con144k305(2)right
MosttoCited
Cases
stitutional
understandable
ballot instrucAlthough
underlying
facts
are
to
be
established
by a
tions, the factual record in this case is insufficiently
preponderance
of
evidence
and
are
subject
on
developed for us to decide this issue as a matter apof
peal to the clearly erroneous standard, ultimate delaw.
termination of whether, based on underlying facts, a
The
heard,election
and rejected,
testimony
McnewBLC
municipal
is called
for, that from
is, whethDonough's
expert
regardingviolations
the confusing
nature auof
er there were
substantial
of statute
the
instructions.
The new
BLCelection
determined
that althorizing
court to order
that render
rethough
presented
that in
thedoubt,
instrucliability"evidence
of result ofwas
election
seriously
is a
tions
onquestion
the ballotofarefact
confusing
difficult
to un-to
mixed
and lawand
that
is subject
derstand,"
this
evidence
was
insufficient
to
demonplenary review on appeal. C.G.S.A. § 9-328; Pracstrate
that 1998,
voters§ did
tice Book
60-5.not understand the instructions. "This is particularly true of the language
[7] Statutes
nearest
the oval 181(1)
to vote a straight ticket which
361k181(1)
Most
Cited Casesof this party fill in the
states: ... 'For all candidates
oval.' "
[7] Statutes
188
361k188
Most
Cited
Cases
As the trier of fact, the
BLC was free to reject the
expert's testimony in whole or in part. Appeal of
Chickering, 141 N.H. 794, 796, 693 A.2d
1169 (1997). We cannot say that its rejection of
270
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