In re Ocean County Com’r of Registration for a Recheck of the Voting Machines for the May 11, 2004 Municipal Election
736 A.2d 104
879 250
A.2dConn.
1174 241, 736 A.2d 104, 137 Ed. Law Rep. 1019
379 (Cite
N.J.Super.
461,
879 A.2d
1174A.2d 104)
as: 250
Conn.
241, 736
(Cite as: 379 N.J.Super. 461, 879 A.2d 1174)
Supreme
Courtalso
of Connecticut.
ates. Each
printout
shows the number of
Steven
write-in votes
cast BORTNER
on the machine, as well as
v. typed in) candidate's
the write-in (literally,
TOWN
OF
WOODBRIDGE
et al.
name.
No. 16114.
Page 1
Page 3
view when officials' determination is challenged in
a judicial proceeding.
*465
[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 someJune 11, 1999.
times 672
awarded to a golfer in nontournament play
Robert Argued
A. Palmer
Aug. 17, 1999.
when preceding
shot was poorly played.
DiAnne Decided
C. Gove
550
Ralph H. Bayard
518
Unsuccessful
write-in
candidate for elementary
[5] Elections
298(3)
Peter L.
Murphy
518
boardWilliam
of education
brought
action
against
town,
re144k298(3)
Most
Cited
Cases
W. Buckley
484
gistrars
of
voters,
and
successful
candidates,
chal(Formerly
144k227(1))
Joseph H. Mancini
376
lenging election results based on alleged voting maTo secure judicial order for new municipal election,
chine malfunctions. The Superior Court, Judicial
challenger is not required to establish that, but for
District
of New
Haven,
ordered
new
irregularities
he has
established
as a factual
A total
of five
write-in
votes Pittman,
also had J.,
been
cast: three
ditional votesthat
for any
candidate
were tallied,
Bayard reelection.
Defendants
appealed.
The
Supreme
Court,
matter,
he
would
have
prevailed
in
election;
in- one.
for Tice Ryan, one for Jeff Seddon, and one for Peter L.
ceived two additional votes and Murphy received
Borden,
held that:
court was
abused
its disstead,
courtfor
must
(1) names
there were
Murphy.
TheJ.,write-in
vote(1)
fortrial
Murphy
rejected
on
The totals
the be
six persuaded
candidatesthat
whose
appeared
cretion
refusing
to open
evidence
to appeared
consider
substantial
rulings of
election official or
the basis
of in
N.J.S.A.
19:49-5
because
his name
on the balloterrors
were in
recertified
as follows:
records
offered
by defendants,
and (2)[FN3]
new
officials, or substantial mistakes in count of votes,
as aelection
candidate
on the
printed
machine ballot.
The ofelection
laws or
were
amended
wascounting
not warranted.
and (2) asFN4.
a result
those errors
mistakes,
reli-by L.
Thuselection
prior to
any of the provisional ballots,
1999,
c.
232
to
provide
for
provisional
ballots
ability of result of election, as determined by elecplaintiff was tied with defendant Ralph Bayard for the
Reversed
and
remanded
with
direction.
to be is
castseriously
in the case
of an unresolved
tion officials,
in doubt.
C.G.S.A. §chalthird Commissioner position.
lenge
at
the
polls;
the
challenged
voter may
9-328.
Berdon,
concurred
and filedthe
opinion.
FN3.J.,We
shall address
rejection of the
cast a paper ballot, which is to be sealed until
[6] Elections
write-in vote for Murphy in Part VI of this
the right 305(2)
to vote has been determined. See
West Headnotes
144k305(2)
Most 19:53C-1
Cited Cases
opinion.
N.J.S.A.
through 20; see also N.J.S.A.
[1] Elections
8.1
Although19:12-7(f);
underlying facts
are to be 19:31-11;
established by
a
N.J.S.A.
N.J.S.A.
144k8.1
Most Cited
Cases
Seven
provisional
ballots
also were cast. [FN4] Six
preponderance
of evidence
19:48-3.2,
-3.13. and are subject on apof election
statutesone
is towas
ensure
the true
werePurpose
subsequently
counted;
rejected
on and
the
peal to the clearly erroneous standard, ultimate demost
accurate
count
possible
of
votes
for
candidates
ground that the provisional voter had recently moved to
termination of whether, based on underlying facts, a
in theTownship
election. and was no longer a resident entitled
Stafford
new municipal election is called for, that is, whethto vote in Long Beach Township. When the six valid
er there were substantial violations of statute au[2] Elections
227(8)
provisional ballots were counted on May 17, and all adthorizing court to order new election that render re144k227(8) Most Cited Cases
liability of result of election seriously in doubt, is a
When individual ballot is questioned, no voter is to
Robert A. Palmer
mixed question of fact 677
and law that is subject to
be disfranchised on a doubtful construction, and
DiAnne C. Gove
552
plenary review on appeal. C.G.S.A. § 9-328; Pracstatutes tending to limit exercise of ballot should be
Ralph H. Bayard
tice Book 1998, § 60-5. 520
liberally construed in his or her favor.
Peter Murphy
519
[7]
Statutes
181(1)
William
W.
Buckley
485
[3] Elections
298(1)
361k181(1)
Most
Cited
Cases
Joseph
H.
Mancini
377 5
144k298(1) Most Cited Cases
FN5.
Printouts
from
each
of
the
six
computer
voting
machines,
serial numbers
Election laws generally vest primary responsibility
[7]
Statutes
188
13363
through
13368,
the
number of votes cast for each of the six
for ascertaining
intent
and willdisplay
of voters on
election
361k188 Most Cited Cases
candidates.
Each
printout
also
shows
officials, subject to court's appropriate scope of re- the number of write-in votes cast on the
machine, as well as the name written in (actually typed in on the computer).
*466 Bayard, having then received one vote more than
Murphy, was promptly sworn in as a Commissioner,
277
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