Scully v. Westport

23 Citing cases

  1. In re Election for Second Congressional District

    231 Conn. 602 (Conn. 1994)   Cited 25 times
    Suggesting in dictum that, in addition to certified questions, General Statutes § 9-325 authorizes direct appeals to this court in primary election disputes decided under § 9-329a

    " (Emphasis added; internal quotation marks omitted.) Scully v. Westport, 145 Conn. 648, 651-52, 145 A.2d 742 (1958). We see no reason to conclude that the legislature in enacting No. 94-225 of the 1994 Public Acts, and the secretary of the state in implementing it, intended either to depart from this fundamental principle or to subvert the democratic process designed to ascertain and implement the will of the people.

  2. Cohen v. Rossi

    346 Conn. 642 (Conn. 2023)   Cited 9 times
    Concluding that statutory text was unambiguous in light of practical factors involving operation of municipal clerk's office

    This court has explained that a voter should not be disenfranchised because of the error or mistake of another when that mistake does not contravene the legislative policy against voting fraud. See, e.g., Dombkowski v. Messier , 164 Conn. 204, 206–207, 319 A.2d 373 (1972) ; Scully v. Westport , 145 Conn. 648, 651–52, 145 A.2d 742 (1958) ; Moran v. Bens , 144 Conn. 27, 32, 127 A.2d 42 (1956). We agree with the trial court that the plaintiff has not established that the reliability of the results of the election is seriously in doubt.

  3. Bateson v. Weddle

    306 Conn. 1 (Conn. 2012)   Cited 13 times
    Applying “ rules of English grammar to the sentence structure” to determine meaning

    The broad conferral of standing in Martin is justified first by the purpose of quo warranto actions. Historically, the writ of quo warranto originated as a “device to require [Norman kings'] barons to justify their claims to power or to abandon them.” 2 E. Stephenson, Connecticut Civil Procedure (3d Ed.2002) § 223(a). Today, unless otherwise provided by statute, a quo warranto action “is the exclusive method of trying the title to an office....” Scully v. Westport, 145 Conn. 648, 652, 145 A.2d 742 (1958). It “lie[s] to prevent the usurpation of a public office or franchise”; State ex rel. Stage v. Mackie, 82 Conn. 398, 400, 74 A. 759 (1909); by placing the burden on the defendant to prove lawful entitlement to a particular office; State ex rel. Gaski v. Basile, 174 Conn. 36, 38, 381 A.2d 547 (1977); and “oust[ing] individuals illegally occupying public offices....” New Haven Firebird Society v. Board of Fire Commissioners, 219 Conn. 432, 438, 593 A.2d 1383 (1991).

  4. Penn v. Irizarry

    220 Conn. 682 (Conn. 1991)   Cited 18 times
    Entertaining direct appeal without comment

    `Where the legislature in express terms says that a ballot shall be void for some cause, the courts must undoubtedly hold it to be void; but no voter is to be disfranchised on a doubtful construction, and statutes tending to limit the exercise of the ballot should be liberally construed in his favor. Unless a ballot comes clearly within the prohibition of some statute it should be counted, if from it the wish or will of the voter can be ascertained.' Dombkowski v. Messier, 164 Conn. 204, 207, 319 A.2d 373 (1972); Hurlbut v. Lemelin, 155 Conn. 68, 77, 230 A.2d 36 (1967); Scully v. Westport, 145 Conn. 648, 651-52, 145 A.2d 742 (1958); State v. Bossa, 69 Conn. 335, 341, 37 A. 977 (1897). But the right to vote is not absolute and is subject to regulation by the legislature.

  5. Walker v. Oak Cliff Volunteer Fire Protection District

    1990 OK 31 (Okla. 1991)   Cited 13 times
    Invalidating special election results because "there was absolutely no compliance with the statutorily required notice," despite publication of newspaper article and advertisements regarding special election, and house-to-house distribution of handbills

    Dorf v. Skolnik, 280 Md. 101, 371 A.2d 1094, 1100 (1977); Kacoonis v. City of Mountain View, 224 Ga. 151, 160 S.E.2d 364, 366 (1968); Barger v. Ward, 407 S.W.2d 397, 399 (Ky. 1966); City of Nameoki v. Granite City, 408 Ill. 33, 95 N.E.2d 920-21 (1950); Appalachian Elec. Power Co. v. Town of Galax, 173 Va. 329, 4 S.E.2d 390, 392 (1939); Jones v. Commissioners of Person, 107 N.C. 248, 12 S.E. 69, 70 (1890).Curry v. Dawson, 238 Ark. 310, 379 S.W.2d 287, 288-89 (1964); Nichols v. Reorganized School Dist. No. 1, 364 S.W.2d 9, 13 (Mo. 1963); Griffin v. Buzard, 86 Ariz. 166, 342 P.2d 201, 201-02 (1959); Scully v. Town of Westport, 145 Ct. 648, 145 A.2d 742, 746 (1958); Stickney v. Town of Salem, 96 N.H. 500, 78 A.2d 921, 921-22 (1951); Flake v. Pretzel, 381 Ill. 498, 46 N.E.2d 375, 377 (1943); Swan v. Bowker, 135 Neb. 405, 281 N.W. 891, 893 (1938); State ex rel. Jackson County v. Waltner, 340 Mo. 137, 100 S.W.2d 272, 275 (1936); Ewing v. Harries, 68 Utah 452, 250 P. 1049, 1050 (1926); Brown v. Pandolph County Court, 45 W. Va. 827, 32 S.E. 165, 167 (1899).See, State ex rel. Cameron v. Jones, 165 Okla. 193, 25 P.2d 648, 650 (1933).

  6. Wrinn v. Dunleavy

    186 Conn. 125 (Conn. 1982)   Cited 39 times
    Disqualifying ballots and ordering a new primary election when an unauthorized individual mailed absentee ballots

    Unless a ballot comes clearly within the prohibition of some statute it should be counted, if from it the wish or will of the voter can be ascertained."'" Dombkowski v. Messier, 164 Conn. 204, 207, 319 A.2d 373 (1972); Hurlbut v. Lemelin, 155 Conn. 68, 77, 230 A.2d 36 (1967); Scully v. Westport, 145 Conn. 648, 651-52, 145 A.2d 742 (1958); State v. Bossa, 69 Conn. 335, 341, 37 A. 977 (1897). But the right to vote is not absolute and is subject to regulation by the legislature.

  7. Beccia v. Waterbury

    185 Conn. 445 (Conn. 1981)   Cited 78 times

    Despite St. John's appointment as fire marshal, Beccia may use a complaint in the nature of quo warranto to seek St. John's ouster from office and to have the position of fire marshal declared vacant. State ex rel. Gaski v. Basile, 174 Conn. 36, 38-39, 381 A.2d 547 (1977); Scully v. Westport, 145 Conn. 648, 652, 145 A.2d 742 (1958); State ex rel. Barlow v. Kaminsky, 144 Conn. 612, 616, 136 A.2d 792 (1958); Alcorn ex rel. Hoerle v. Thomas, 127 Conn. 426, 428, 17 A.2d 514 (1941); State ex rel. Comstock v. Hempstead, 83 Conn. 554, 557, 78 A. 442 (1910); see 2 Stephenson, Conn. Civ. Proc. (2d Ed. 1971 and Sup. 1970-76) 260. Although a successful action in quo warranto would oust St. John, it would not, in itself, entitle Beccia to an appointment in his stead.

  8. Dombkowski v. Messier

    164 Conn. 204 (Conn. 1972)   Cited 17 times
    In Dombkowski v. Messier, 164 Conn. 204, 206–208, 319 A.2d 373 (1972), the court deemed such a result would be proper when, unlike the present case, there was no adverse consequence specifically prescribed for noncompliance with the requirement at issue.

    Thus, in Flanagan v. Hynes, 75 Conn. 584, 588, 54 A. 737, this court said: "If there is to be disfranchisement, it should be because the legislature has seen fit to require it in the interest of an honest suffrage, and has expressed that requirement in unmistakable language." In Scully v. Westport, 145 Conn. 648, 651-52, 145 A.2d 742, summarizing the position adopted in the other cases cited by the named defendant, this court said: "`Where the legislature in express terms says that a ballot shall be void for some cause, the courts must undoubtedly hold it to be void; but no voter is to be disfranchised on a doubtful construction, and statutes tending to limit the exercise of the ballot should be liberally construed in his favor. Unless a ballot comes clearly within the prohibition of some statute it should be counted, if from it the wish or will of the voter can be ascertained.' State v. Bossa, 69 Conn. 335, 341, 37 A. 977; Flanagan v. Hynes, 75 Conn. 584, 588, 54 A. 737; Moran v. Bens, 144 Conn. 27, 32, 127 A.2d 42.

  9. Hoblitzelle v. Frechette

    240 A.2d 864 (Conn. 1968)   Cited 12 times
    In Hoblitzelle v. Frechette, 156 Conn. 253, which involved the same election of the New Haven board of aldermen, our Supreme Court, on questions reserved to it, declined to answer any of the questions, including one requesting its opinion as to the constitutionality of § 9-167a.

    The statute is designed to accomplish an efficient and expeditious procedure for reviewing the results in municipal elections held under state law. Scully v. Westport, 145 Conn. 648, 652, 145 A.2d 742; Meigs v. Theis, 102 Conn. 579, 598, 129 A. 551. The pertinent portions provide that "[a]ny person claiming to have been elected to any municipal office, . . . but not to have been declared so elected, or any candidate for any such office claiming to have been aggrieved by any ruling of the moderator at an election for any such office, or any such candidate claiming that there has been a mistake in the count of votes cast for any such office at any such election, may . . . bring his complaint to any judge of the superior court, in which he shall set out the claimed errors of the moderator or the claimed errors in the count." The statute then requires the judge to hold a prompt hearing and "if he finds any error in the rulings of the moderator or any mistake in the count of the votes" to certify the result of his finding or decision to the secretary of state.

  10. Hurlbut v. Lemelin

    230 A.2d 36 (Conn. 1967)   Cited 81 times

    Unless a ballot comes clearly within the prohibition of some statute it should be counted, if from it the wish or will of the voter can be ascertained.' State v. Bossa, 69 Conn. 335, 341, 37 A. 977; Flanagan v. Hynes, 75 Conn. 584, 588, 54 A. 737; Moran v. Bens, 144 Conn. 27, 32, 127 A.2d 42." Scully v. Westport, 145 Conn. 648, 651, 145 A.2d 742. In adopting the liberal provisions of 9-145, it was the intention of the legislature to avoid disfranchisement of an elector when the name of the candidate is inserted in a voting space if there is no question as to the identity of the candidate for whom the elector directed that his ballot be cast. The ballot in question did not contain the name of any candidate for selectman in the voting spaces of the first column. Furthermore, it is not possible to determine the intention of the elector as to the names of the candidates placed in the third column.