Sec. 9-371b. Rulings by election officials re referendum. Complaints to Superior Court. Time limitation. Notice to Secretary of the State and State Elections Enforcement Commission. Hearing. Orders.
Sec. 9-371b. Rulings by election officials re referendum. Complaints to Superior Court. Time limitation. Notice to Secretary of the State and State Elections
Enforcement Commission. Hearing. Orders. Any person (1) claiming to have been
aggrieved by any ruling of any election official in connection with a referendum, (2)
claiming that there has been a mistake in the count of votes cast for a referendum, or
(3) claiming to be 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 a referendum, may bring a complaint to any judge of the Superior Court for relief from such
ruling, mistake or violation. 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 referendum, 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 such referendum, it shall be brought within thirty days
after such referendum to any judge of the Superior Court, in which the person shall set
out the claimed errors of the election official, the claimed errors in the count or the
claimed violations of said sections. Such judge shall forthwith order a hearing to be held
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 person who may be affected by the decision upon such hearing,
to such election official, the Secretary of the State, the State Elections Enforcement
Commission and to any other party or parties whom such judge deems proper parties
to the hearing, of the time and place for the hearing upon such complaint. Such judge
shall, on the day fixed for such hearing and without unnecessary delay, proceed to hear
the parties. If sufficient reason is shown, such judge 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 judge shall, if such judge finds any error in the rulings
of the election official or any mistake in the count of the votes, certify the result of such
judge's finding or decision to the Secretary of the State before the tenth day succeeding
the conclusion of the hearing. Such judge may order a new referendum or a change in
the existing referendum schedule. Such certificate of such judge's finding or decision
shall be final and conclusive upon all questions relating to errors in the ruling 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, except that this section
shall not affect the right of appeal to the Supreme Court and it shall not prevent such
judge from reserving such questions of law for the advice of the Supreme Court as
provided in section 9-325. Such judge may, if necessary, issue a writ of mandamus,
requiring the adverse party and those under such judge to deliver to the complainant the
appurtenances of such office, and shall cause such judge's finding and decree to be
entered on the records of the Superior Court in the proper judicial district.
(P.A. 04-117, S. 4; P.A. 05-288, S. 48.)
History: P.A. 04-117 effective July 1, 2004; P.A. 05-288 made technical changes, effective July 13, 2005.