Superior Court Judge Barry Stevens is expected to issue a decision Thursday afternoon in the lawsuit challenging the results of the September 10 Democratic primary won by Mayor Joe Ganim over State Senator Marilyn Moore.
No matter how the judge rules it leaves no time for an expedited appeal to the Connecticut Supreme Court with the Nov. 5 general election next week.
The case was brought by supporters of Moore who won the overall machine total but lost via absentee ballots, something the plaintiffs assert produced irregularities to alter the results. And that’s the issue the judge is weighing, per state statute: was a there a mistake in the count of the votes?
Plaintiffs want the judge to order a new primary for all Democratic candidates who appeared on the ballot, none of whom are party to the lawsuit.
Attorneys representing the city argued in their final court briefing that “Faced with a heavy burden and a significant vote margin, the plaintiffs simply did not offer proof, beyond the realm of speculation, of any such mistake.”
Stakeholders are awaiting the judge’s decision while candidates are spending heavily to churn out votes for election day.