Feehan v. Marcone

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In these public interest appeals arising from a mix-up at a high school polling place in the town of Stratford where approximately seventy-six voters received the incorrect ballots, rendering those voters unable to cast a vote for their assembly district's state representative, the Supreme Court affirmed the judgment of the trial court insofar as it dismissed Plaintiff's complaint and reversed the trial court's judgment with respect to its issuance of a temporary injunction, holding that the trial court lacked jurisdiction over Plaintiff's claims and similarly lacked jurisdiction to issue a temporary injunction. Plaintiff, a Republic Party's candidate for state representative, brought this action seeking declaratory relief, a new election, and injunction prohibiting certain state defendants from declaring the intervening defendant, the Democratic Party's candidate, as the winner of that election. The trial court dismissed the complaint in part as barred by the elections clause set forth in Conn. Const. art. III, 7 but granted Plaintiff's application for a temporary injunction. The Supreme Court reversed in part, holding (1) the elections clause gives the state House of Representatives exclusive jurisdiction over this election contest; and (2) the trial court lacked jurisdiction to enjoin the state defendants from canvassing the votes and declaring a winner, even temporarily. View "Feehan v. Marcone" on Justia Law