The Resolution of Election Disputes: Legal Principles that Control Election Challenges
736 A.2d 104
650 S.W.2d
510 241, 736 A.2d 104, 137 Ed. Law Rep. 1019
250 Conn.
650 S.W.2d
510,250
11 Conn.
Ed. Law
Rep.
354
(Cite as:
241,
736
A.2d 104)
(Cite as: 650 S.W.2d 510)
preponderance of the evidence that there were any illegal
Court
of Connecticut.
votes sufficient toSupreme
change the
result
of the election, or that a
determination of the trueSteven
will ofBORTNER
the majority of the qualified
v. was impossible.
voters participating in said election
TOWN
OF
WOODBRIDGE
al. for ap*511 Willis Jarrel, Goodwin, Jarrel & Britain,etTyler,
No. 16114.
pellants.
Argued June 11, 1999.
Decided Aug. 17, 1999.
This is a school bond election contest.
Unsuccessful write-in candidate for elementary
On November
1981, the
Boardaction
of Trustees
Chapel
board of 23,
education
brought
against of
town,
reHill Independent
in a specially
called meetgistrars of School
voters, District,
and successful
candidates,
chaling, adopted
resolution
and based
issuedonanalleged
order voting
for a bond
lengingaelection
results
maelection
for
the
issuance
of
$10,100,000
in
bonds
for the
chine malfunctions. The Superior Court, Judicial
District,
pursuant
the Haven,
provisions
of the J.,
Texas
Education
District
of to
New
Pittman,
ordered
new
Code, election.
Articles 20.01
and 20.04,
V.T.C.A.,
schoolCourt,
buildDefendants
appealed.
The for
Supreme
ings, equipment
sites.
The(1)
Board's
order abused
called the
Borden, J.,and
held
that:
trial court
its elecdistion for
December
8, 1981,toand
a copy
of saidto order
was
cretion
in refusing
open
evidence
consider
published
on November
25, 1981,
in the Tyler
election
records offered
by defendants,
and Morning
(2) new
Telegraph,
a newspaper
of general circulation in the area.
election
was not warranted.
Absentee voting began on November 25, 1981, as contemwith4c,
direction.
plated Reversed
by Articleand
5.05remanded
Subdivision
Texas Election Code,
V.A.C.S. Following the closing of the polls, a recount of the
Berdon,the
J.,result
concurred
opinion.of the bonds
votes showed
to be and
881 filed
for issuance
and 871 against issuance of the bonds, a majority of just ten
West Headnotes
votes.
[1] Elections
8.1
144k8.1
Most Cited
A contest
was timely
filed Cases
by appellants and the trial judge
Purpose
of
election
statutes
is to
ensure
the truevotes
and
voided eight "illegal" votes
for and
twelve
"illegal"
most
accurate
count
possible
of
votes
for
candidates
cast against the bonds, thus judicially determining the true
resultsinofthe
theelection.
bond election to be 873 votes for, and 859
COLLEY, Justice.
votes against, issuance of the bonds, being a majority of
[2] Elections
227(8)
fourteen. The trial court, without the intervention of a jury,
144k227(8) Most Cited Cases
denied the contest of appellants and made and filed findings
When individual ballot is questioned, no voter is to
of fact and conclusions of law as discussed later in this
be disfranchised on a doubtful construction, and
opinion.
statutes tending to limit exercise of ballot should be
liberally
in his
or herasfavor.
Appellant
bringsconstrued
three points
of error
follows:
[3] Elections
298(1)
1.
144k298(1)
Most
Cited
The error of the trial court inCases
concluding that "IrregularitElection
laws generally
vest primary
ies in
the conduct
of the election
did not responsibility
invalidate the
for
ascertaining
intent
and
will
of
voters
election
election" and "The School Bond Election was on
a legal
and
officials,
subject
to
court's
appropriate
scope
of revalid election."
196
Page 1
Page 2
view when officials' determination
is challenged in
2.
a judicial
The
error ofproceeding.
the Court in concluding that "Irregularities in
the conduct of the election did not affect or change the
[4] Elections
result
of the election"227(1)
and "Irregularities in the conduct of
144k227(1)
Most
Cited
the election were not such Cases
*512 as to render a determinaNooflosing
candidate
entitled
to the
tion
the true
will ofisthe
majority
of electoral
the votersequiin the
valent
of
a
"mulligan,"
which
is
a
free
shot somebond election impossible."
times awarded to a golfer in nontournament play
when preceding shot was3.poorly played.
The trial court erred in not ordering a new election when
Electionsevidence
298(3)
the[5]undisputed
showed that the election officials
144k298(3)
Most
Cited
made no effort to comply Cases
with the law for conducting an
(Formerly 144k227(1))
election.
To secure
order for claim
new municipal
election,
Appellants,
in judicial
their argument,
certain irregularities
challenger
is
not
required
to
establish
that,
butfailure
for
occurred in the conduct of the election because of the
irregularities
that
he
has
established
as
a
factual
of the election officials to enforce certain provisions of the
matter,
he Code.
would Chief
have among
prevailed
in election;
inTexas
Election
appellants'
complaints
are: stead, court must be persuaded that (1) there were
errors in
rulingscommenced
of election on
official
(1)substantial
that absentee
voting
the orday
officials,
or
substantial
mistakes
in
count
of
votes,
(November 25, 1981) that notice of the election was
puband
(2)
as
a
result
of
those
errors
or
mistakes,
relilished in the Tyler newspaper;
resultballots
of election,
as determined
by persons
elec(2)ability
"homeofmade"
were used
by the first six
tion
officials,
is
seriously
in
doubt.
C.G.S.A.
§
voting absentee on November 25, 1981;
(3)9-328.
the signature and poll list used had no captions showing the election to which they pertained;
[6] Elections
305(2)
(4) voters who appeared to vote without their voter regis144k305(2) Most Cited Cases
tration certificates were not sworn as to their qualificaAlthough underlying facts are to be established by a
tions to vote;
preponderance of evidence and are subject on ap(5) that 425 persons voted at said election without
peal to the clearly erroneous standard, ultimate depresenting to the election officials current voter registratermination of whether, based on underlying facts, a
tion certificates;
new municipal election is called for, that is, wheth(6) the election judge failed to insure that "electioneering"
er there were substantial violations of statute ausigns were not placed within prohibited areas adjacent to
thorizing court to order new election that render rethe polling place;
liability of result of election seriously in doubt, is a
(7) that the election judge reported to certain "school offimixed question of fact and law that is subject to
cials" before the polls closed that "the vote is close"; and
plenary review on appeal. C.G.S.A. § 9-328; Prac(8) that 425 voters were permitted to vote at the election
tice Book 1998, § 60-5.
without presenting a current voter registration certificate
and
an affidavit as to their respective
[7]without
Statutesmaking181(1)
qualifications.
361k181(1) Most Cited Cases
[1] As
earlier, the
[7] stated
Statutes
188trial court made and filed findings
of fact
and conclusions
law in this case. Neither party to
361k188
Most CitedofCases
this appeal challenges the same. From our examination of
© 2006 Thomson/West. No Claim to Orig. U.S. Govt. Works.
© 2008 Thomson Reuters/West. No Claim to Orig. US Gov. Works.
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