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 A.2d 1174 250 Conn. 241, 736 A.2d 104, 137 Ed. Law Rep. 1019 379 N.J.Super. 461, 879 A.2d 1174 (Cite as: 250 Conn. 241, 736 A.2d 104) (Cite as: 379 N.J.Super. 461, 879 A.2d 1174) verified paper record shall be the official tally Supreme Court of Connecticut. in that Steven election. A waiver of the provisions of BORTNER this paragraph shall v. be granted by the Attorney GeneralOF if the technology to produce a permanTOWN WOODBRIDGE et al. ent voter-verified paper record for each vote No. 16114. cast is not commercially available. Argued June 11, 1999. **1185 Decided Aug. 17,VIII. 1999. We affirm the orders appealed from denying relief to Unsuccessful candidate for elementary plaintiff in thiswrite-in case. board of education brought action against town, re379 N.J.Super. 461,and 879successful A.2d 1174candidates, chalgistrars of voters, lenging election results based on alleged voting maEND OF DOCUMENT chine malfunctions. The Superior Court, Judicial District of New Haven, Pittman, J., ordered new election. Defendants appealed. The Supreme Court, Borden, J., held that: (1) trial court abused its discretion in refusing to open evidence to consider election records offered by defendants, and (2) new election was not warranted. Reversed and remanded with direction. Berdon, J., concurred and filed opinion. West Headnotes [1] Elections 8.1 144k8.1 Most Cited Cases Purpose of election statutes is to ensure the true and most accurate count possible of votes for candidates in the election. [2] Elections 227(8) 144k227(8) Most Cited Cases When individual ballot is questioned, no voter is to be disfranchised on a doubtful construction, and statutes tending to limit exercise of ballot should be liberally construed in his or her favor. [3] Elections 298(1) 144k298(1) Most Cited Cases Election laws generally vest primary responsibility for ascertaining intent and will of voters on election officials, subject to court's appropriate scope of re- Page 1 Page 11 view when officials' determination is challenged in a judicial proceeding. [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 sometimes awarded to a golfer in nontournament play when preceding shot was poorly played. [5] Elections 298(3) 144k298(3) Most Cited Cases (Formerly 144k227(1)) To secure judicial order for new municipal election, challenger is not required to establish that, but for irregularities that he has established as a factual matter, he would have prevailed in election; instead, court must be persuaded that (1) there were substantial errors in rulings of election official or officials, or substantial mistakes in count of votes, and (2) as a result of those errors or mistakes, reliability of result of election, as determined by election officials, is seriously in doubt. C.G.S.A. § 9-328. [6] Elections 305(2) 144k305(2) Most Cited Cases Although underlying facts are to be established by a preponderance of evidence and are subject on appeal to the clearly erroneous standard, ultimate determination of whether, based on underlying facts, a new municipal election is called for, that is, whether there were substantial violations of statute authorizing court to order new election that render reliability of result of election seriously in doubt, is a mixed question of fact and law that is subject to plenary review on appeal. C.G.S.A. § 9-328; Practice Book 1998, § 60-5. [7] Statutes 181(1) 361k181(1) Most Cited Cases [7] Statutes 188 361k188 Most Cited Cases 285 © 2008 Thomson Reuters/West. No Claim to Orig. US Gov. Works.