Conn. Gen. Stat. § 9-328
This is the official text of Conn. Gen. Stat. § 9-328, part of Connecticut’s Gen. Stat — part of the compiled statutory law of Connecticut, published by the state as "Gen. Stat." Browse the sections below, each linked to its official government source.
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Sec. 9-328. Contests and complaints in election of municipal officers and nomination of justices of the peace.
Official statutory text
Information should show relator's election; alleged errors must appear to be injurious; certificate of judge is conclusive. 51 C. 113. Provision is constitutional. Id.; 102 C. 588. Appeal to Supreme Court carries stay of execution. 62 C. 488. Quo warranto is a means to oust an illegal incumbent, but not to induct the rightful person. 66 C. 294; 102 C. 595. Facts held to justify order of judge that ballot boxes be opened; mere irregularities in arrangement of polling places not enough to invalidate election. 75 C. 50. Pleading; after ballots recounted, errors in interlocutory rulings immaterial. 85 C. 396; 102 C. 587. Petition fails in case of first selectman if vote is found to be a tie. 91 C. 371. Cited. 101 C. 735. Judge should embody decision in judgment file. 104 C. 398. Cited. 124 C. 276. Defendant, not being a member of one of two parties polling largest and next largest vote, was not eligible for office. 136 C. 632. Proper procedure to question validity of form of absentee ballot used. 145 C. 648. Section held to confer right of judicial appeal from moderator's rulings or recanvass; prior invoking of Sec. 9-311a no bar. 155 C. 68, 73, 74. In case brought by minority representatives under Sec. 9-167a, held Supreme Court had no jurisdiction over November, 1967, election of New Haven board of aldermen ordered by the U.S. district court as election was a creature of the district court and it was that court's prerogative to determine what candidates were elected. 156 C. 253. Cited. 175 C. 545. The bare existence in statute of authority to order a new election does not require the court to proceed as if that remedy were to be implemented; since a new election was not sought by the parties or contemplated by the court, it was not necessary to include as parties candidates whose election was not affected by the suit. 182 C. 111. Cited. 186 C. 125. Constitutional claims not included in provisions for expedited judicial procedures. 205 C. 495. Cited. 225 C. 378; 231 C. 602. Court should exercise caution and restraint in deciding whether to order new election; two-part standard established for such decisions; plenary scope of review of trial court decision is appropriate, no special need for speed and finality for trial court decision under circumstances of this case; “rulings of the election official” defined, and “mistake in the count of the votes” interpreted and applied. 250 C. 241. Municipality is not indispensable to court's subject matter jurisdiction over challenge to a municipal election. 277 C. 829. An election for a seat in the state House of Representatives is not one for a “municipal office”, as defined in Sec. 9-372(7), subject to challenge under section. 331 C. 436.
Cited. 8 CS 234; 10 CS 258. Statutory petition does not preclude plaintiff from seeking to have writ of mandamus issued. 18 CS 72. Cited. 21 CS 482.
Cited. 8 CS 234; 10 CS 258. Statutory petition does not preclude plaintiff from seeking to have writ of mandamus issued. 18 CS 72. Cited. 21 CS 482.
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