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
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