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) If the irregularities are found to have been so seriSupreme Court of Connecticut. ous as to prejudice the BORTNER election result, election must Steven be set aside, the results v. declared null and void, and a specialTOWN electionOF held. N.J.S.A. 19:29-9. WOODBRIDGE et al. No. 16114. [9] Elections 227(8) 144k227(8) Most Cited Cases Argued June 11, 1999. Election contestants' burden seeking new elecDecided Aug. 17,in1999. tion based on irregularities may be met by a demonUnsuccessful write-in elementary stration that had votes candidate been cast for for them, result board of education brought action against town, rewould have been different; standard is one of reasgistrars of voters, and successful candidates, chalonable certainty as opposed to absolute certainty. lenging election results based on alleged voting maN.J.S.A. 19:29-9. chine malfunctions. The Superior Court, Judicial [10] Elections 159 Pittman, J., ordered new District of New Haven, 144k159Defendants Most Citedappealed. Cases election. The Supreme Court, Write-inJ.,candidates for trial mayor city its council Borden, held that: (1) courtand abused diswere entitled to new after write-in votes cretion in refusing to election open evidence to consider were impermissibly rejected; total votes castnew for election records offered by defendants, and (2) write-in mayoral candidate on correct and incorrect election was not warranted. lines exceeded total votes cast for winning candidReversed direction. ate, and and onlyremanded a small with number of "missing" votes would have changed election for write-in council Berdon, J., concurred and filed opinion. candidates. N.J.S.A. 19:29-9. West Headnotes [11] Elections 181 [1] Elections 8.1 144k181 Most Cited Cases 144k8.1 Most Cited Cases Explicit instructions on how to cast a write-in vote Purpose of election statutes is to ensure the true and must be provided with sample ballots sent to remost accurate count possible of votes for candidates gistered voters; the instructions must offer clear, in the election. step-by-step directions that describe the mechanics of Elections the voting machine, [2] 227(8)explain how to operate the windows and levers, and emphasize the need to cast 144k227(8) Most Cited Cases write-in votes on the appropriate lines.no voter is to When individual ballot is questioned, be disfranchised on a doubtful construction, and [12] Statutes 223.1 statutes tending to limit exercise of ballot should be 361k223.1 Most Cited Cases liberally construed in his or her favor. When interpreting different statutory provisions, court is obligated 298(1) to make every effort to harmonize [3] Elections them, even if they are in apparent conflict. 144k298(1) Most Cited Cases **1103*470 Shirley Grasso, Cedar Brook, for apElection laws generally vest primary responsibility pellants and cross-respondents Kati Gray-Sadler, for ascertaining intent and will of voters on election John Sturgis andtoEdward Geiger (Grasso officials, subject court's appropriate scope&ofInferrerera, attorneys). Robert G. Millenky, Camden County Counsel, ar- Page 1 Page 2 view when officials' determination is challenged in theproceeding. cause for respondent and cross-appellant agued judicial County of Camden. [4] Elections 227(1) Donna Kelly, Senior 144k227(1) Most CitedDeputy Cases Attorney General, argued the cause for respondents No losing candidate is entitled toand thecross-appellants electoral equiCamden Superintendent and valent of aCounty "mulligan," which is a of freeElections shot someCamden County Board of Elections *471 John times awarded to a golfer in nontournament playJ. Farmer, Jr., Attorney General New Jersey, attorwhen preceding shot was poorlyofplayed. ney; Mark J. Fleming, Assistant Attorney General, [5] 298(3)and Karen Griffin, Deputy of Elections counsel; Ms. Kelly 144k298(3) Most Cited Cases Attorney General, on the briefs). (Formerly 144k227(1)) B. judicial Kearney,order Cherry Hill,municipal for respondent and ToJohn secure for new election, cross-respondent Arland toPoindexter (Kearney challenger is not required establish that, but for& Castillo, attorneys, Cobb, on the irregularities that heCarol has R. established as abrief). factual matter, he would have prevailed in election; inDavidcourt E. Mapp, for respondent and crossstead, must Camden, be persuaded that (1) there were respondent Borough of Chesilhurst (Harvey C. substantial errors in rulings of election official or Johnson, attorney). officials, or substantial mistakes in count of votes, and (2) as a result of those errors or mistakes, reliThe opinion of the Court was delivered by ability of result of election, as determined by election officials, PORITZ, C.J. is seriously in doubt. C.G.S.A. § 9-328. In this appeal, write-in candidates for the offices of [6] Elections 305(2) mayor and borough council in the Borough of 144k305(2) Cited the Cases ChesilhurstMost challenge results of the November Although underlying facts are to behearing established by a 2, 1999, general election. After testimony preponderance of evidence and are subject on apand reviewing the voting rolls, the Law Division peal the clearly erroneous standard, ruledto that irregularities related to theultimate write-indeintermination of whether, based on underlying facts, a structions and non-compliant voting machines renew municipal election is called for, that is, whethquired the election results for those offices to be set eraside. there were substantial statutetoauThe court orderedviolations a special of election fill thorizing court vacancies. to order new The election that render rethe resulting Appellate Division liability of result of election seriously in doubt, is a reversed. mixed question of fact and law that is subject to We now reinstate the decision of §the trial Praccourt, plenary review on appeal. C.G.S.A. 9-328; withBook certain modifications, and order that a special tice 1998, § 60-5. election be held. [7] Statutes 181(1) I 361k181(1) Most Cited Cases Chesilhurst is a small town in Camden County with [7] 188 Four-hundred-eleven of those 880Statutes registered voters. 361k188 Most Cited Cases voters participated in the 1999 election for the offices of general assembly, county freeholder, mayor, and borough council. The election took place at a single polling location with two voting machines 255 © 2008 Thomson Reuters/West. No Claim to Orig. US Gov. Works.