The Resolution of Election Disputes: Legal Principles that Control Election Challenges
736 A.2d 104
879 A.2d
1174 241, 736 A.2d 104, 137 Ed. Law Rep. 1019
250 Conn.
379 N.J.Super.
461,Conn.
879 A.2d
(Cite as: 250
241,1174
736 A.2d 104)
(Cite as: 379 N.J.Super. 461, 879 A.2d 1174)
Supreme
Court of Connecticut.
228k186 Most Cited
Cases
Steven
BORTNER
Objection to a summary
judgment
motion on the basis
v. the resisting party to
that it is premature requires
TOWN
OFspecificity
WOODBRIDGE
et al. sought,
demonstrate with
some
the discovery
No. 16114.
and its materiality.
Argued June
[7] Pretrial Procedure
36.111, 1999.
Decided
Aug. 17, 1999.
307Ak36.1 Most Cited
Cases
Unsuccessful candidate for township board of commisUnsuccessful
write-in
candidatediscovery
for elementary
sioners
was not entitled
to additional
regardboard
of
education
brought
action
against
town, reing whether elector who wrote in a vote for candidate,
gistrars
of voters,
andhad
successful
candidates,
chalwhich
invalidated
ballot,
also voted
electronically
lenging election
based on had
alleged
voting
mafor candidate,
whereresults
the machines
been
cleared,
chine
malfunctions.
The
Superior
Court,
Judicial
there was no method to determine if the elector double
of New and
Haven,
Pittman,
J., ordered
new
votedDistrict
for candidate,
candidate
challenged
election
election.
Defendants
appealed.
The
Supreme
Court,
under fast track statute that implicitly instituted a sumJ., held
court abused
dismaryBorden,
proceeding
thatthat:
did (1)
nottrial
normally
warrantitsfullcretion
in
refusing
to
open
evidence
to
consider
scale discovery. N.J.S.A. 19:29-2.
election
by defendants,
and (2)
new
**1175
*463records
Josephoffered
D. Coronato,
Toms River,
argued
election
not warranted.
the cause
for was
appellant
(Mulvaney, Coronato & Brady,
attorneys; Mr. Coronato, on the brief).
Reversed and remanded with direction.
Judith Andrejko, Deputy Attorney General, argued the
Berdon, J., concurred and filed opinion.
cause for respondent Ocean County Board of Elections
(Peter C. Harvey, Attorney
General, attorney, Patrick
West Headnotes
Dealmeida,
Assistant Attorney
General, of counsel; Ms.
[1] Elections
8.1
Andrejko,
on
the
brief).
144k8.1 Most Cited Cases
Purpose of election statutes is to ensure the true and
Laura M. Benson argued the cause for respondent
most accurate count possible of votes for candidates
Ocean County Clerk (Berry, Sahradnik, Kotzas, Riin the election.
ordan & Benson, attorneys; Mr. Benson, on the brief).
[2] Elections
227(8)
Edmund F. Fitterer, Jr., Ship Bottom, argued the cause
144k227(8) Most Cited Cases
for respondent Township of Long Beach (Shackleton &
When individual ballot is questioned, no voter is to
Hazeltine, attorneys; Richard J. Shackleton, on the
be disfranchised on a doubtful construction, and
brief).
statutes tending to limit exercise of ballot should be
liberally
construed in
his orargued
her favor.
Richard
A. Grossman,
Brick,
the cause for respondent Ralph Bayard (Grossman, Kruttschnitt,
[3] Elections
298(1)
Heavey & Jacob, attorneys; Mr. Grossman, on the
144k298(1) Most Cited Cases
brief).
Election laws generally vest primary responsibility
forJudges
ascertaining
intent
and willand
of voters
on election
Before
STERN,
WECKER
S.L. REISNER.
officials, subject to court's appropriate scope of reThe opinion of the court was delivered by
*464 WECKER, J.A.D.
Page 1
Page 2
view when officials' determination is challenged in
a judicial
proceeding.
These
consolidated
appeals arise out of a May 11, 2004
municipal election in the Township of Long Beach, in
[4] Elections
227(1) Peter L. Murphy, was an unOcean
County. Plaintiff,
144k227(1)candidate
Most Cited
Cases
successful
in that
election, having lost the poNo
losing
candidate
is
entitled
the electoral
equi- the
sition he sought by one vote. IntoA-5899,
we affirm
valent
of
a
"mulligan,"
which
is
a
free
shot
someorder permitting a recheck of the voting machines at the
times awarded
to a and
golfer
in nontournament
playsumrequest
of the State,
in A-5900,
we affirm the
when
preceding
shot
was
poorly
played.
mary judgment dismissing plaintiff's complaint.
[5] Elections
298(3) I.
144k298(3)
Most
Cited
Casesapparent from the record.
These are the relevant facts
(Formerly
144k227(1))
The ballot contained the names of six candidates for
To secure
judicial
order
for new Board
municipal
election,
three
positions
on the
Township
of Commissionchallenger
is
not
required
to
establish
that,
for apers. The sample ballot shows that six printed but
names
irregularities
that
he
has
established
as
a
factual
peared, as well as three spaces for potential write-in
matter,The
he three
wouldincumbents,
have prevailed
election; Dianne
invotes.
Peter in
L. Murphy,
stead,
court
be persuaded
thatran(1)asthere
wereEach
C.
Gove,
andmust
Joseph
H. Mancini,
a slate.
substantial
errors
in
rulings
of
election
official
or the
was listed on a separate line under Column D, with
officials,
or
substantial
mistakes
in
count
of
votes,
caption "The Leadership Team You Can Trust" under
and (2)
as aThe
result
of challengers
those errorswere
or mistakes,
relieach
name.
three
separately
listed.
ability
of
result
of
election,
as
determined
by
elecRalph H. Bayard was listed under Column A with the
tion officials,
is Choice
seriously
doubt.
C.G.S.A.
§ A.
caption
"People's
for in
a New
Voice";
Robert
9-328. was listed under Column B; and William W.
Palmer
Buckley was listed under Column C with the caption
[6] Elections
305(2)
"Fair and Equal Treatment for Residents." The fifth
144k305(2) Most Cited Cases
column on the ballot was labeled "Personal Choice,"
Although underlying facts are to be established by a
and provided three lines for write-in votes. [FN1]
preponderance of evidence and are subject on appeal to the
clearly
erroneous
standard,
ultimate
deFN1.
We use
the term
"write-in"
throughout
termination
of
whether,
based
on
underlying
facts,
a
this opinion, as used in the election statutes,
new municipal
election
is
called
for,
that
is,
whethe.g., N.J.S.A. 19:53A-5e, -7f, although the
er there computer
were substantial
statute auscreen violations
apparentlyofprovides
for a
thorizing"write-in"
court to order
new
election
that
render
recandidate's name to be entered by
liability touching
of result of
in doubt,
a
theelection
letters seriously
of the name
on a isvirtual
mixed question
of
fact
and
law
that
is
subject
to
keyboard on the screen.
plenary review on appeal. C.G.S.A. § 9-328; Practice
BookImmediately
1998, § 60-5.upon the close of the polls at 8
**1176
p.m., the 1,134 machine ballots and the thirty-three ab[7] Statutes
sentee
ballots that181(1)
had been received by that time were
361k181(1)
Most
Cited
tallied. At that
point,
theCases
tally for each of the six candidates in the ballot stood as follows: [FN2]
[7] Statutes
188
361k188FN2.
MostPrintouts
Cited Cases
from each of the six computer
voting machines used in the election, serial
numbers 13363 through 13368, display the
number of votes cast for each of the six candid-
276
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