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Supremes Order Third Primary For North End City Council Seat, Pete Finch: Justice Served

January 26th, 2018 · 17 Comments · City Council, City Politics, News and Events

Keeley, Phillips

Keeley, right, and Phillips, left will have third primary try.

Will third time be the charm? The Connecticut Supreme Court Friday morning upheld Superior Court Judge Barbara Bellis’ decision to order a third Democratic primary in the City Council’s 133rd District based on what she ruled absentee ballot fraud. That means the parties will get together for a status conference to schedule a new primary between party endorsed Michael DeFilippo and Jeanette Herron challenged by Bob Keeley and Anne Pappas Phillips. The top two finishers will face Republicans Michele Minutolo and Neville De la Rosa in the general election to be scheduled.

“I never had a doubt in my mind,” said Pete Finch, son of former Mayor Bill Finch, the attorney who argued on Keeley’s behalf before the Supreme Court. “This is what you get in Bridgeport. It should help instill people’s faith in our justice system. When you go to the highest court and they think reasonably this is what American democracy is all about and to take down corruption in our hometown. I’d be interested to see if there are any charges brought by the state in connection with the case.”

Bellis ordered a transcript of the court case sent to state law enforcement officials regarding the measures taken by Democratic Town Chair Mario Testa to secure absentee ballots on behalf of DeFilippo. Testa had asked Police Chief AJ Perez to assign a city police officer to pick up ballots from electors.

The first primary back in September ended in a tie between Keeley and Herron with DeFilippo the leading vote producer. A recount included a previously unaccounted-for absentee ballot for Herron giving her a one-vote edge. Keeley challenged the results. Bellis ordered a new primary.

In the do-over Keeley was down 18 votes to Herron with DeFilippo once again leading. Keeley, who failed to win the machine count, and Phillips challenged the legality of their opponents absentee ballot operation. Bellis concurred ordering another primary. Bellis said Testa prevailing upon Police Chief AJ Perez to assign a police officer to pick up absentee ballots was an abuse of the election process.

The city was among several parties that appealed Bellis’ decision to the Supreme Court.

“City election officials were obviously reluctant to nullify the election results because doing so disenfranchises the known will of the voters,” said Deputy City Attorney John Bohannon who argued the case for the city. “Although the rationale for the Supreme Court’s decision is unknown at this point, the way it answered the reserved questions of law indicates that it identified requirements or prohibitions that are not apparent in the plain text of our election statutes.”

ORDER by Court

The above-captioned case, which was heard on December 21, 2017, involves four questions of law reserved to this Court in accordance with the provisions of General Statutes § 9-325. Those certified questions, and this Court’s answers to those questions, based upon the specific facts of this case, are as follows:

(1) “Does General Statutes § 9-140b prohibit any person other than the elector from arranging for a designee to return an elector’s absentee ballot to the Town Clerk?”

Answer: “Yes.”

(2) “Did the trial court err in rejecting twelve absentee ballots that were stamped but not postmarked on the ground that they were not ‘mailed’ pursuant to General Statutes § 9-140b?”

Answer: “No.”

(3) “Did the trial court err in deciding that the administration of the supervised absentee balloting at the Northridge Health Care Center did not meet minimum standards required by law?”

Answer: “Yes.”

(4) “Did the trial court err in applying the burden of proof, and in rejecting votes validly cast by electors, thereby undermining the trial court’s conclusion that there were substantial statutory violations that left the reliability of the election seriously in doubt?”

Answer: “No.”

In view of this Court’s agreement with the conclusions of the trial court in relation to the first, second and fourth certified questions, we conclude, consistent with the determination of the trial court, that a second special election is required. The case is therefore remanded to the trial court for any further proceedings that the trial court may deem appropriate not inconsistent with this order. A full written opinion of this Court will be issued in due course. So ordered.

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17 Comments so far ↓

  • Grin Ripper

    Happy Saint Patrick’s Day!

  • Lisa Parziale

    Amen Grin! My hope is this ruling resonates with those who have taken orders from Mario Testo where absentee ballots were involved. I say no City job is worth it if you face the possibility of a criminal complaint; No amount of money paid to them is worth it. Get involved if you choose to, but keep it clean.

  • flubadub

    Most posters here are more astute than I regarding these issues. Who or what agency would bring charges against these miscreants?

    • The Bridgeport Kid

      The state Elections Enforcement Commission would investigate. If evidence of violations of elections aw is uncovered the case would then be referred to the State’s Attorney for prosecution.

  • Jimfox

    Mario Testa, Michael DeFilippo and Jeanette Herron  cost the Taxpayers of Bridgeport a hell of lot of money!

    Thank you Bob Keeley and Anne Pappas Phillips for your honesty and playing by the rules.

  • Ron Mackey

    Who was responsible for creating this voting problem and will charges be bought against who was responsible?

  • Bob Walsh

    Both Mike DeFilippo and Jeanette Herron should decide that they ARE NOT RUNNING for City Council and the Town Committee in the district should endorse Keeley and Phillips.
    Admit they we wrong, created a great miscarriage of justice and end this mockery once and for all!!

  • Bob Walsh

    With the State Supreme Court ruling, the referral off criminal acts should be immediately be acted upon and those guilty should pay a heavy price for their wrong doings.
    The State Central Committee should immediately act to strip membership in the Democratic Party from all three.

  • Tom White

    Didn’t Judge Bellis refer the testimony about the collection of absentee ballots to the State’s Attorney for review?

    That will be more significant than ordering another special election.

  • Harvey Weintraub

    This isn’t going to change the results,Mario will still manipulate the absentee votes.Won’t have the help of AJ,but there are other ways to collect the ballots..

  • Bob Walsh

    I believe that the Democratic State Central Committee can and should strip the individuals involved of their membership in the party for a period of time.
    Go ahead with the criminal investigation but for 2 – 3 Years they are NOT members of the party. THAT will send a shiver down the backs of the individuals.

  • Lisa Parziale

    In this City, the only justice that will be understood by the wrongdoers is for good, willing people to step forward, quickly, and beat the crap out of Mario Testo in his district. He used DeFilippo, and to my surprise Jeannette, I mean surprised she let that happen since she had a more effective forum to distance herself from Testo then the kid did.(Not OIB’s “Kid”). That’s the only way he’ll get his justice. All of you on opposing slates, along with your friends, you too Bubba, should get out and pull five votes each, everybody knows five people they can get out, and it will happen. Don’t think for a second that this decision will deter Testo from carrying on with his political ways. He has the money to defend himself, and access to slick legal begals to keep his teflon working. My five have already been called and are waiting. Let’s see who puts there indignation into motion! P.S. Keep in mind he controls patronage City employees, and as much as proclaim they’re staying out of it, their full of it.

  • Steven Auerbach

    Drive by shooting outside a Senior Center at Orange and Union Ave. Hope nobody was hurt.

    • The Bridgeport Kid

      Next time stand in the open so the shooter doesn’t miss.

      • Steven Auerbach

        Now Bridgeport Kid, honestly is the alcohol or just a nasty fucked up infantile sense of humor ? I now understand why you are Lennies number 1.

        Thank you for your kind and thoughtful wishes. Maybe you can have some other posters to chime in. Maybe Donald Day may want to agree with your comment.

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