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 © 2008 Thomson Reuters/West. No Claim to Orig. US Gov. Works.