Conn. Gen. Stat. § 9-329a
This is the official text of Conn. Gen. Stat. § 9-329a, 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. 9-329a. (Formerly Sec. 9-449). Contests and complaints in connection with any primary.
Official statutory text
(b) Such judge shall forthwith order a hearing to be held upon such complaint upon a day not more than five nor less than three days after the making of such order, and shall cause notice of not less than three days to be given to any candidate or candidates in any way directly affected by the decision upon such hearing, to such election official, to the Secretary of the State, the State Elections Enforcement Commission and to any other person or persons, whom such judge deems proper parties thereto, of the time and place of the hearing upon such complaint. Such judge shall, on the day fixed for such hearing, and without delay, proceed to hear the parties and determine the result. If, after hearing, sufficient reason is shown, such judge may order any voting tabulators to be unlocked or any ballot boxes to be opened and a recount of the votes cast, including absentee ballots, to be made. Such judge shall thereupon, if he finds any error in the ruling of the election official, any mistake in the count of the votes or any violation of said sections, certify the result of his finding or decision to the Secretary of the State before the tenth day following the conclusion of the hearing. Such judge may (1) determine the result of such primary; (2) order a change in the existing primary schedule; or (3) order a new primary if he finds that but for the error in the ruling of the election official, any mistake in the count of the votes or any violation of said sections, the result of such primary might have been different and he is unable to determine the result of such primary.
(c) The certification by the judge of his finding or decision shall be final and conclusive upon all questions relating to errors in the ruling of such election official, to the correctness of such count, and, for the purposes of this section only, such alleged violations, and shall operate to correct any returns or certificates filed by the election officials, unless the same is appealed from as provided in section 9-325 . In the event a new primary is held pursuant to such Superior Court order, the result of such new primary shall be final and conclusive unless a complaint is brought pursuant to this section. The clerk of the court shall forthwith transmit a copy of such findings and order to the Secretary of the State.
Cited. 186 C. 125; 205 C. 495; 220 C. 682; 231 C. 602. Court has no authority to postpone a general election in an action pursuant to section under any circumstances. 284 C. 793; Id., 805; Id., 815; Id., 823. When election statute mandates certain procedures, and election official has failed to apply or to follow those procedures, such conduct implicitly constitutes an incorrect interpretation of requirements of statute and, therefore, is a ruling of an election official; ordinary rules of evidence apply in election contests; there is no special obligation for a court to exercise its discretion in favor of admitting evidence. 285 C. 618. Before a court is able to ascertain whether there was any official action that constituted a ruling, evidence must be presented as to reason for alleged violation of election law or who was responsible for such violation; an improper ruling by election official re appointment of official counters does not entitle plaintiff to new election if cause of unreliability in election results is an alleged miscount, rather than ruling; as a general rule, a recount of vote is appropriate remedy when plaintiff has alleged simple counting mistake under Subsec. (a) rather than far more drastic remedy of new primary election in absence of any showing that recount would have been futile or otherwise inappropriate. Id., 657. Acceptance of petitions with a purportedly incorrect address for one candidate would not constitute a “ruling of an election official”. 329 C. 293
te is appropriate remedy when plaintiff has alleged simple counting mistake under Subsec. (a) rather than far more drastic remedy of new primary election in absence of any showing that recount would have been futile or otherwise inappropriate. Id., 657. Acceptance of petitions with a purportedly incorrect address for one candidate would not constitute a “ruling of an election official”. 329 C. 293. Section plainly and unambiguously furnishes a remedy for disputes arising from federal congressional primaries, and a federal congressional primary is one for “district office” under section. 336 C. 432.
Under former section, respondents were deprived of right to vote in a Democratic party primary, but court could not order new election as it had to act in strict conformity with statute which authorized recount only. 28 CS 85.
Subsec. (a):
Trial court correctly determined that plaintiffs lacked standing to bring a claim pursuant to Subdiv. (1) because plaintiffs had no specific personal interest that was affected by improprieties complained of. 334 C. 73.
Subsec. (b):
Despite requirement that parties be heard “without delay”, if plaintiff's failure to correctly cite section as basis for action does not prevent defendants from adequately preparing for trial, then defendant may not prevail on a motion to dismiss based on such failure. 285 C. 618. Provision authorizing court to order new primary election if court finds that result of primary might have been different but for the improprieties complained of, without any limits on the timing of such an order, implicitly authorizes judge to order new general election if first general election is invalidated by operation of judge's order invalidating primary election; Trial court properly found that the plaintiffs had failed to establish that the reliability of the primary was seriously in doubt under the portion of the Subsec. that provides that the trial court may order a new primary if the trial court finds that, but for a mistake in the vote count, the result of such primary might have been different and the trial court is unable to determine the result of such primary. 334 C. 73.
(c) The certification by the judge of his finding or decision shall be final and conclusive upon all questions relating to errors in the ruling of such election official, to the correctness of such count, and, for the purposes of this section only, such alleged violations, and shall operate to correct any returns or certificates filed by the election officials, unless the same is appealed from as provided in section 9-325 . In the event a new primary is held pursuant to such Superior Court order, the result of such new primary shall be final and conclusive unless a complaint is brought pursuant to this section. The clerk of the court shall forthwith transmit a copy of such findings and order to the Secretary of the State.
Cited. 186 C. 125; 205 C. 495; 220 C. 682; 231 C. 602. Court has no authority to postpone a general election in an action pursuant to section under any circumstances. 284 C. 793; Id., 805; Id., 815; Id., 823. When election statute mandates certain procedures, and election official has failed to apply or to follow those procedures, such conduct implicitly constitutes an incorrect interpretation of requirements of statute and, therefore, is a ruling of an election official; ordinary rules of evidence apply in election contests; there is no special obligation for a court to exercise its discretion in favor of admitting evidence. 285 C. 618. Before a court is able to ascertain whether there was any official action that constituted a ruling, evidence must be presented as to reason for alleged violation of election law or who was responsible for such violation; an improper ruling by election official re appointment of official counters does not entitle plaintiff to new election if cause of unreliability in election results is an alleged miscount, rather than ruling; as a general rule, a recount of vote is appropriate remedy when plaintiff has alleged simple counting mistake under Subsec. (a) rather than far more drastic remedy of new primary election in absence of any showing that recount would have been futile or otherwise inappropriate. Id., 657. Acceptance of petitions with a purportedly incorrect address for one candidate would not constitute a “ruling of an election official”. 329 C. 293
te is appropriate remedy when plaintiff has alleged simple counting mistake under Subsec. (a) rather than far more drastic remedy of new primary election in absence of any showing that recount would have been futile or otherwise inappropriate. Id., 657. Acceptance of petitions with a purportedly incorrect address for one candidate would not constitute a “ruling of an election official”. 329 C. 293. Section plainly and unambiguously furnishes a remedy for disputes arising from federal congressional primaries, and a federal congressional primary is one for “district office” under section. 336 C. 432.
Under former section, respondents were deprived of right to vote in a Democratic party primary, but court could not order new election as it had to act in strict conformity with statute which authorized recount only. 28 CS 85.
Subsec. (a):
Trial court correctly determined that plaintiffs lacked standing to bring a claim pursuant to Subdiv. (1) because plaintiffs had no specific personal interest that was affected by improprieties complained of. 334 C. 73.
Subsec. (b):
Despite requirement that parties be heard “without delay”, if plaintiff's failure to correctly cite section as basis for action does not prevent defendants from adequately preparing for trial, then defendant may not prevail on a motion to dismiss based on such failure. 285 C. 618. Provision authorizing court to order new primary election if court finds that result of primary might have been different but for the improprieties complained of, without any limits on the timing of such an order, implicitly authorizes judge to order new general election if first general election is invalidated by operation of judge's order invalidating primary election; Trial court properly found that the plaintiffs had failed to establish that the reliability of the primary was seriously in doubt under the portion of the Subsec. that provides that the trial court may order a new primary if the trial court finds that, but for a mistake in the vote count, the result of such primary might have been different and the trial court is unable to determine the result of such primary. 334 C. 73.
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