The Resolution of Election Disputes: Legal Principles that Control Election Challenges 736 A.2d 104 736 104 250A.2d Conn. 241, 736 A.2d 104, 137 Ed. Law Rep. 1019 250 Conn. 241, 736 A.2d Ed. Law Rep. 1019 (Cite as: 250 Conn. 241,104, 736137 A.2d 104) (Cite as: 250 Conn. 241, 736 A.2d 104) Supreme Court of Connecticut. Supreme CourtBORTNER of Connecticut. Steven Steven BORTNER v. v. TOWN OF WOODBRIDGE et al. TOWN OF WOODBRIDGE et al. No. 16114. No. 16114. Argued June 11, 1999. Argued DecidedJune Aug.11, 17,1999. 1999. Decided Aug. 17, 1999. Unsuccessful write-in candidate for elementary Unsuccessful write-in candidate elementary board of education brought action for against town, reboard of education action against town,chalregistrars of voters, brought and successful candidates, gistrars of voters, and successful candidates, challenging election results based on alleged voting malenging election resultsThe based on alleged voting machine malfunctions. Superior Court, Judicial chine malfunctions. The Superior Judicial District of New Haven, Pittman, Court, J., ordered new District New Haven, Pittman, ordered Court, new election.ofDefendants appealed. TheJ.,Supreme election. appealed. Supreme Borden, Defendants J., held that: (1) trial The court abused Court, its disBorden, that: to (1)open trial court abused its discretion J., in held refusing evidence to consider cretion refusing to open evidence toandconsider electioninrecords offered by defendants, (2) new election records offered by defendants, and (2) new election was not warranted. election was not warranted. Reversed and remanded with direction. Reversed and remanded with direction. Berdon, J., concurred and filed opinion. Berdon, J., concurred and filed opinion. West Headnotes [1] Elections West 8.1 Headnotes [1] Elections 8.1 144k8.1 Most Cited Cases 144k8.1 Cited Cases PurposeMost of election statutes is to ensure the true and Purpose of election is to thecandidates true and most accurate countstatutes possible of ensure votes for most accurate count possible of votes for candidates in the election. in the election. [2] Elections 227(8) [2] Elections 227(8) 144k227(8) Most Cited Cases 144k227(8) Most Cited When individual ballotCases is questioned, no voter is to When individual ballot questioned, no voter is and to be disfranchised on aisdoubtful construction, bestatutes disfranchised on a doubtful construction, and tending to limit exercise of ballot should be statutes tending to limit exercise of ballot should be liberally construed in his or her favor. liberally construed in his or her favor. [3] Elections 298(1) [3] Elections Most 298(1) 144k298(1) Cited Cases 144k298(1) Most Cited Cases Election laws generally vest primary responsibility Election laws generally vest primary responsibility for ascertaining intent and will of voters on election for ascertaining intent and will of voters on election officials, subject to court's appropriate scope of reofficials, subject to court's appropriate scope of re- Page 1 Page 1 view when officials' determination is challenged in view when proceeding. officials' determination is challenged in a judicial a judicial proceeding. [4] Elections 227(1) 227(1) [4] Elections 144k227(1) Most Cited Cases 144k227(1) Most Cited No losing candidate is Cases entitled to the electoral equiNo losing is entitled electoral valent of candidate a "mulligan," whichtoisthe a free shot equisomevalent of a "mulligan," which is a free shot sometimes awarded to a golfer in nontournament play times a golfer in nontournament play whenawarded precedingtoshot was poorly played. when preceding shot was poorly played. [5] Elections 298(3) [5] Elections Most 298(3) 144k298(3) Cited Cases 144k298(3) Most Cited Cases (Formerly 144k227(1)) (Formerly 144k227(1)) To secure judicial order for new municipal election, To secure judicial for new municipal election, challenger is not order required to establish that, but for challenger is not establish that, for irregularities thatrequired he hastoestablished as abut factual irregularities that hehave has prevailed establishedin aselection; a factual matter, he would inmatter, he would have prevailed in election; instead, court must be persuaded that (1) there were stead, court must (1) there wereor substantial errorsbeinpersuaded rulings ofthat election official substantial errors in rulings of election official or officials, or substantial mistakes in count of votes, officials, or substantial mistakes in count of votes, and (2) as a result of those errors or mistakes, reliand (2) as resultofofelection, those errors or mistakes, ability of aresult as determined by relielecability of result of by elec-§ tion officials, is election, seriouslyasindetermined doubt. C.G.S.A. tion officials, is seriously in doubt. C.G.S.A. § 9-328. 9-328. [6] Elections 305(2) [6] Elections 305(2) 144k305(2) Most Cited Cases 144k305(2) Most Citedfacts Cases Although underlying are to be established by a Although underlying facts areand to beare established a preponderance of evidence subject onbyappreponderance of evidence and are subject on appeal to the clearly erroneous standard, ultimate depeal to the clearly erroneous ultimate de- a termination of whether, basedstandard, on underlying facts, termination of whether, on underlying a new municipal electionbased is called for, that is,facts, whethnew municipal is called for, that whether there were election substantial violations of is, statute auerthorizing there were violations statute courtsubstantial to order new electionofthat renderaurethorizing to order new election that liability court of result of election seriously in render doubt, reis a liability of result of is ato mixed question of election fact andseriously law thatinisdoubt, subject mixed question of fact and law that is subject to plenary review on appeal. C.G.S.A. § 9-328; Pracplenary review tice Book 1998,on§ appeal. 60-5. C.G.S.A. § 9-328; Practice Book 1998, § 60-5. [7] Statutes 181(1) [7] Statutes Most181(1) 361k181(1) Cited Cases 361k181(1) Most Cited Cases [7] Statutes 188 [7] Statutes 188 Cases 361k188 Most Cited 361k188 Most Cited Cases 170 © 2008 Thomson Reuters/West. No Claim to Orig. US Gov. Works. © 2008 Thomson Reuters/West. No Claim to Orig. US Gov. Works.