http://www.courant.com/news/local/statewire/hc-22020744.apds.m0456.bc-ct--scocdec22,0,3554849.story
The Hartford Courant, http://www.courant.com.
Associated Press
December 22 2005
HARTFORD, Conn. -- The state Supreme Court has voided the
Nov. 8 common council election in Middletown because a defective machine failed
to record as many as 100 votes for one of the candidates.
The high court on Wednesday ordered the city to redo the election.
The city planned to hold the new vote on Jan. 24, but may be forced to move it
to February to allow enough time to print absentee ballots and gather poll
workers.
Secretary of the State Susan Bysiewicz said repeating a
citywide election may be unprecedented in recent history. Single election
districts have had to redo elections before, including one in Bridgeport in
2001.
The new election, which will cost about $35,000, will not
affect the mayoral race, in which four-term Democrat Domenique Thornton was
ousted by Republican Sebastian Giuliano.
The Supreme Court determined that the machine had a
substantial defect. One lever in a city district machine malfunctioned and
missed as many as 100 votes for common council candidate David Bauer, who lost
a council seat by 102 votes citywide to fellow Republican V. James Russo.
Superior Court Judge Julia L. Aurigemma ordered another vote
after Bauer filed a lawsuit. But the judge said only voters in District 11, the
site of the defective machine, would have to recast their ballots.
City Attorney Trina Solecki appealed, arguing that a re-vote
was not warranted and suggesting a runoff between Bauer and Russo.
The high court issued its decision only moments after
hearing arguments on Wednesday morning. Justices said it would be unfair to
other council candidates and thousands of city residents to confine the second
vote to a single district.
"Everyone in the city has an interest in seeing that
all 12 members of the council are elected fair and square, not just 11 of
12," Justice David M. Borden said.
Copyright 2006 Associated Press
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