The Resolution of Election Disputes: Legal Principles that Control Election Challenges 736 A.2d 104 736 A.2d 104 250 Conn. 241, 736 A.2d 104, 137 Ed. Law Rep. 1019 250 Conn. 241, 736 A.2d 104, 137 Ed. Law Rep. 1019 (Cite as: 250 Conn. 241, 736 A.2d 104) (Cite as: 250 Conn. 241, 736 A.2d 104) moderator and clerk, a record of the Supreme Courtmake of Connecticut. number on the seal and the number on the Steven BORTNER protective counter, if v.one is provided, on each TOWN voting OF machine specified by WOODBRIDGE et al.such moderator. SuchNo. clerk in the presence of 16114. such moderator shall turn over the keys of Argued June 11, recanvass 1999. each such machine to such offiDecided Aug. 17,officials, 1999. in the cials, and such recanvass presence of such clerk and moderator, shall Unsuccessful write-in candidate for elementary immediately proceed to open the counter board of education brought action against town, recompartment of each such machine and, gistrars of voters, and successful candidates, chalwithout unlocking such machine against lenging election results based on alleged voting mavoting, recanvass the vote cast thereon, chine malfunctions. The Superior Court, Judicial and shall then open the package of absentDistrict of New Haven, Pittman, J., ordered new ee ballots and recanvass the vote cast election. Defendants appealed. The Supreme Court, thereon. In the course of the recanvass of Borden, J., held that: (1) trial court abused its disthe absentee ballot vote the recanvass officretion in refusing to open evidence to consider cials shall check all outer envelopes for abelection records offered by defendants, and (2) new sentee ballots against the inner envelopes election was not warranted. for such ballots and against the registry list to verify and registry Reversed andpostmarks, remanded addresses with direction. list markings and also to determine whether the J., number of envelopes which abBerdon, concurred and filedfrom opinion. sentee ballots have been removed is the West Headnotes same as the number of persons checked as [1] having Elections 8.1 absentee ballot. voted by The 144k8.1 Most Citedshall Cases write-in ballots also be recanvassed at Purpose of election is to ensure the true and this time. All statutes of the recanvass officials most accurate count possible of votes for candidates shall use the same forms for tallies and rein the election. turns as were used at the original canvass and the absentee ballot counters shall also [2] Elections 227(8) sign the tallies. 144k227(8) Most Cited Cases "(c) The votes shall be announced and reWhen individual ballot is questioned, no voter is to corded in the manner prescribed in section be disfranchised on a doubtful construction, and 9-309 on return forms provided by the mustatutes tending to limit exercise of ballot should be nicipal clerk and appended thereto shall be liberally construed in his or her favor. a statement signed by the moderator indicthe time 298(1) and place of the recanvass [3] ating Elections and the names, addresses, 144k298(1) Most Cited Cases titles and party affiliations of the recanvass officials. The Election laws generally vest primary responsibility write-in ballots shall be replaced in a propfor ascertaining intent and will of voters on election erly secured package. Upon theof reofficials, subject sealed to court's appropriate scope completion of such recanvass, such machine shall be locked and sealed, the keys thereof shall immediately be returned to Page 1 Page 7 view when officials' determination is challenged in such clerk and such machine shall remain a judicial proceeding. so locked until the expiration of fourteen [4] days Elections after such 227(1) election or for such longer 144k227(1) Cited Cases period asMost is ordered by a court of competNo ent losing candidate is entitled to the electoral jurisdiction. The absentee ballots shall equivalent of a "mulligan," which is a free shot be replaced in their wrappers and be re-sometimes awarded a golfer in in the nontournament sealed by thetomoderator presence of play when was poorly thepreceding recanvassshot officials. Uponplayed. the completion of such recanvass, such moderator and [5] Elections 298(3) at least two of the recanvass officials of 144k298(3) Most Cited Cases different political parties shall forthwith (Formerly 144k227(1)) prepare and sign such return forms which To secure judicial order for new municipal election, shall contain a written statement giving the challenger is not required to establish that, but for result of such recanvass for each machine irregularities that he has established as a factual and each package of absentee ballots matter, he would have prevailed in election; inwhose returns were so recanvassed, setting stead, court must be persuaded that (1) there were forth whether or not the original canvass substantial errors in rulings of election official or was correctly made and stating whether or officials, or substantial mistakes in count of votes, not the discrepancy still remains unaccounand (2) as a result of those errors or mistakes, relited for. Such return forms containing ability of result of election, as determined by elecsuch statement shall forthwith be filed by tion officials, is seriously in doubt. C.G.S.A. § the moderator in the office of such clerk. 9-328. If such recanvass reveals that the original of returns was not correctly made, [6] canvass Elections 305(2) such return such state144k305(2) Mostforms Cited containing Cases ment so filed with the clerk shall constitute by a Although underlying facts are to be established a corrected return. In the case a stateon appreponderance of evidence and are of subject election, a recanvass return shall be made depeal to the clearly erroneous standard, ultimate in duplicate on a based form on prescribed and termination of whether, underlying facts, a provided by the Secretary of the State, and new municipal election is called for, that is, wheththe moderator shall fileviolations one copy of with the auer there were substantial statute Secretary oftothe State and one copy thorizing court order new election that with render rethe town clerk not later than ten days after is a liability of result of election seriously in doubt, the election. return mixed question ofSuch fact recanvass and law that is shall subject to be substituted for the original return and Pracplenary review on appeal. C.G.S.A. § 9-328; shall have the same force and effect as an tice Book 1998, § 60-5. original return. As used in181(1) this section, (1) 'moderator' [7] "(d) Statutes means, inMost the case municipalities not di361k181(1) CitedofCases vided into voting districts, the moderator [7] of Statutes the election188 and, in the case of municip361k188 Most Cited Cases alities divided into voting districts, the head moderator of the election, and (2) 'registrars of voters', in a municipality where there are different registrars of voters for 176 © 2008 Thomson Reuters/West. No Claim to Orig. US Gov. Works.