Lazar v. Ganim

Citations

• 334 Conn. 73

Syllabus

Pursuant to statute (§ 9-329a [a]), ''[a]ny (1) elector . . . aggrieved by a ruling of an election official in connection with any primary . . . [or] (2) elector . . . who alleges that there has been a mistake in the count of the votes cast at such primary . . . may bring [a] complaint to . . . the Superior Court for appropriate action.'' Pursuant further to statute (§ 9-329 [b]), a court may order a new primary if it finds that, ''but for the error in the ruling of the election official, [or] any mistake in the count of the votes . . . the result of [the primary election] might have been different and [the court] is unable to determine the result of such primary.'' The plaintiffs, three electors in the 2019 Democratic primary election for municipal office in the city of Bridgeport, brought an action pursuant to § 9-329a (a), challenging the results of that election and seeking an order directing a new primary election on the basis of, inter alia, various alleged improprieties in the handling of absentee ballots. The plaintiffs claimed that certain individuals associated with the defendants, who are certain Bridgeport election officials and certain candidates for elected office in the primary, had engaged in improper primary election activity and violated certain state election laws by virtue of, inter alia, the alleged misrepresentation of absentee voting eligibility and the improper handling of absentee ballots. As a result of the alleged improprieties, the plaintiffs claimed that they were aggrieved by the ruling of an election official within the meaning of § 9-329a (a) (1) and that there had been a mistake in the count of the votes within the meaning of § 9-329a (a) (2). The defendants moved to dismiss the plaintiffs' complaint, claiming, inter alia, that the plaintiffs lacked standing because they were not personally aggrieved by the ruling of any election official. The trial court granted the motion as to the claims brought under § 9-329a (a) (1), 74 DECEMBER