In re McDonough 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) thing, notSupreme a person. The search for intent can be Court of Connecticut. confined by specific designed to ensure uniStevenrules BORTNER form treatment." Id. v. TOWN OF WOODBRIDGE et al. For all of the aboveNo. reasons, 16114.we concur in the result but would uphold the BLC's determination with reArgued June 11, 1999. Decided Aug. 17, 1999. Unsuccessful write-in candidate for elementary board of education brought action against town, registrars of voters, and successful candidates, challenging election results based on alleged voting machine 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 10 view when officials' determination is challenged in to all 269 contested ballots. a spect judicial proceeding. **1032 [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 273 © 2008 Thomson Reuters/West. No Claim to Orig. US Gov. Works.