Sec. 9-323. Contests and complaints in election of presidential electors, U.S. senator and representative.
Sec. 9-323. Contests and complaints in election of presidential electors, U.S.
senator and representative. Any elector or candidate who claims that he is aggrieved
by any ruling of any election official in connection with any election for presidential
electors and for a senator in Congress and for representative in Congress or any of them,
held in his town, or that there was a mistake in the count of the votes cast at such election
for candidates for such electors, senator in Congress and representative in Congress, or
any of them, at any voting district in his town, or any candidate for such an office who
claims that he is aggrieved by a violation of any provision of section 9-355, 9-357 to
9-361, inclusive, 9-364, 9-364a or 9-365 in the casting of absentee ballots at such election, may bring his complaint to any judge of the Supreme Court, in which he shall set
out the claimed errors of such election official, the claimed errors in the count or the
claimed violations of said sections. In any action brought pursuant to the provisions of
this section, the complainant shall send a copy of the complaint by first-class mail, or
deliver a copy of the complaint by hand, to the State Elections Enforcement Commission.
If such complaint is made prior to such election, such judge shall proceed expeditiously
to render judgment on the complaint and shall cause notice of the hearing to be given
to the Secretary of the State and the State Elections Enforcement Commission. If such
complaint is made subsequent to the election, it shall be brought not later than fourteen
days after the election or, if such complaint is brought in response to the manual tabulation of paper ballots authorized pursuant to section 9-320f, such complaint shall be
brought not later than seven days after the close of any such manual tabulation, and in
either such circumstance, the judge shall forthwith order a hearing to be had upon such
complaint, upon a day not more than five or less than three days from the making of
such order, and shall cause notice of not less than three or more than five days to be
given to any candidate or candidates whose election may be affected by the decision
upon such hearing, to such election official, to the Secretary of the State, to the State
Elections Enforcement Commission and to any other party or parties whom such judge
deems proper parties thereto, of the time and place for the hearing upon such complaint.
Such judge, with two other judges of the Supreme Court to be designated by the Chief
Court Administrator, shall, on the day fixed for such hearing and without unnecessary
delay, proceed to hear the parties. If sufficient reason is shown, such judges may order
any voting machines to be unlocked or any ballot boxes to be opened and a recount of
the votes cast, including absentee ballots, to be made. Such judges shall thereupon, in
the case they, or any two of them, find any error in the rulings of the election official,
any mistake in the count of such votes or any violation of said sections, certify the result
of their finding or decision, or the finding or decision of a majority of them, to the
Secretary of the State before the first Monday after the second Wednesday in December.
Such judges may order a new election or a change in the existing election schedule,
provided such order complies with Section 302 of the Help America Vote Act, P.L.
107-252, as amended from time to time. Such certificate of such judges, or a majority
of them, shall be final upon all questions relating to the rulings of such election officials,
to the correctness of such count and, for the purposes of this section only, such claimed
violations, and shall operate to correct the returns of the moderators or presiding officers
so as to conform to such finding or decision.
(1949 Rev., S. 1107; 1953, S. 801d; 1963, P.A. 307; P.A. 78-125, S. 6; P.A. 83-583, S. 2, 6; P.A. 84-511, S. 4, 15; P.A.
87-545, S. 1; P.A. 88-364, S. 14, 123; P.A. 95-88, S. 4; P.A. 04-74, S. 1; P.A. 05-288, S. 47; P.A. 07-194, S. 2.)
History: 1963 act added provisions re defeated candidate in first sentence, increased time within which a complaint
may be brought from 3 to 10 days after election, clarified the counting of absentee ballots and changed the date by which
certification must be made; P.A. 78-125 added candidate as claimant to aggrievement, deleted "the moderator of any
election" following "ruling of" and substituted "any election official in connection with any election", deleted provisions
pertaining to defeated candidates, provided for judge to proceed expeditiously on complaint when made prior to election,
provided for notice of hearing to election official, changed authority to assign judges to hear case to the chief court
administrator, provided that judges may order a new election or a change in the existing election schedule and deleted
provision for substitution in case judge unable to serve; P.A. 83-583 required a complainant to send or deliver a copy of
the complaint to the state elections commission and required a judge to give notice of a hearing to the secretary of the
state and the state elections commission; P.A. 84-511 changed name of elections commission to elections enforcement
commission; P.A. 87-545 allowed candidate to bring complaint under this section if he claims that he is aggrieved by
violation of any provision of Secs. 9-355, 9-357 to 9-361, inclusive, 9-364, 9-364a or 9-365 in casting of absentee ballots;
P.A. 88-364 made technical change; P.A. 95-88 changed time within which a complaint shall be brought from 10 to 14
days; P.A. 04-74 qualified judges' authority to order a new election or a change in existing election schedule by adding ",
provided such order complies with Section 302 of the Help America Vote Act, P.L. 107-252, as amended from time to
time", effective May 10, 2004; P.A. 05-288 made technical changes, effective July 13, 2005; P.A. 07-194 added deadline
for filing of complaint if complaint is brought in response to manual tabulation of paper ballots authorized pursuant to Sec.
9-320f and made technical changes, effective July 5, 2007.
Cited. 186 C. 125. Cited. 231 C. 602.