Feehan v. Marcone


**************************************************************** The ‘‘officially released’’ date that appears near the beginning of this opinion is the date the opinion was released as a slip opinion. The operative date for the beginning of all time periods for filing postopinion motions and petitions for certification is the ‘‘officially released’’ date appearing in the opinion. This opinion is subject to revisions and editorial changes, not of a substantive nature, and corrections of a technical nature prior to publication in the Connecticut Law Journal. **************************************************************** JIM FEEHAN v. RICK MARCONE ET AL. (SC 20216) (SC 20217) (SC 20218) Robinson, C. J., and Palmer, McDonald, D’Auria, Mullins, Kahn and Ecker, Js. Argued December 21, 2018—officially released January 30, 2019* Procedural History Action for a declaratory judgment ordering that a new election be held for the office of state representative for the 120th assembly district, and for other relief, brought to the Superior Court in the judicial district of Fairfield, where Philip L. Young III intervened as a defendant; thereafter, the court, Bellis, J., granted the plaintiff’s motion for an emergency temporary restraining order and granted in part the intervening defendant’s motion to dismiss, and the plaintiff, the defendant Denise Merrill et al., and the intervening defendant, upon certification by the Chief Justice pursuant to General Statutes § 52- 265a that a matter of substantial public interest was at issue, filed separate appeals to this court. Affirmed in part; reversed in part; judgment directed. Proloy K. Das, with whom were Matthew A. Ciarleg- lio and Kevin W. Munn, for the appellant in Docket No. SC 20216 and the appellee in Docket Nos. SC 20217 and SC 20218 (plaintiff). Michael K. Skold, assistant attorney general, with whom, on the brief, was George Jepsen, former attorney general, for the appellants in Docket No. SC 20217 and the appellees in Docket Nos. SC 20216 and SC 20218 (defendant Denise W. Merrill et al.). William M. Bloss, with whom were Alinor C. Sterling and Emily B. Rock, for the appellant in Docket No. SC 20218 and the appellee in Docket Nos. SC 20216 and SC 20217 (intervening defendant Philip L. Young III). Opinion ROBINSON, C. J. These expedited public interest appeals arise from an apparent mix-up at the Bunnell High School polling place in the town of Stratford (town), where it is alleged that approximately seventy- six voters who should have received ballots for the 120th assembly district election were instead given bal- lots for the 122nd assembly district, rendering those voters unable to vote for their assembly district’s state representative. The plaintiff, Jim Feehan, who is the Republican Party’s candidate for state representative in the 120th assembly district, brought this action seeking declaratory relief, a new election, and an injunction prohibiting the defendants, Secretary of the State Denise W. Merrill, Treasurer Denise L. Nappier, and Comptroller Kevin Lembo (state defendants), from declaring the intervening defendant, Phillip L. Young III, the Democratic Party’s candidate, as the winner of that election.1 After the Chief Justice granted the par- ties’ separate applications for ...

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