State ex rel. O'Dowd v. Rottman, 84370

• Decision Date: 09 November 1956
• Docket Number: No. 84370,84370
• Citation: 20 Conn.Supp. 464,139 A.2d 818
• Court: Connecticut Superior Court
• Parties: STATE ex rel. Charles F. O'DOWD v. Alvin G. ROTTMAN et al.

Page 818

139 A.2d 818

20 Conn.Supp. 464

STATE ex rel. Charles F. O'DOWD v. Alvin G. ROTTMAN et al.

No. 84370.

Superior Court of Connecticut, New Haven County.

Nov. 9, 1956.

Charles M. Lyman, New Haven, for plaintiff.

Charles G. Albom, New Haven, for defendants

SHANNON, Judge.

This is a quo warranto action in which the relator questions the right of the respondents Alvin G. Rottman, warden, Herbert J. Borman, burgess, and Jack Coolikoff, sheriff, to hold their respective offices in the borough of Woodmont in the town of Milford and to exercise the right, powers and privileges of these offices, respectively. He alleges that the election at the annual meeting of the Woodmont Association was void, because the polls at said election were open, in accordance with the notice given of this election, only between the hours of 11:30 a. m. and 7:30 p. m. daylight time, on August 25, 1956.

There is no claim that any protest was made prior to the election or that there was any dishonesty. Neither is it claimed that any voter was prevented from voting. The vote cast was the largest in the history of the association. If there were to be a special election, many of those voting, who are summer residents mainly, would probably not vote because of inconvenience. Section 657d of the 1955 Cumulative Supplement provides: 'At all regular and special municipal elections held on a day other than the day of a regular or special state election, any provision of any special act to the contrary notwithstanding, the polls shall remain open for voting from six o'clock a. m. until six o'clock p. m.; but any municipality may, any provision of any special act to the contrary notwithstanding, by vote heretofore or hereafter taken, under the provisions of section 248d, provide that the polls at any such election shall be open for a shorter or a longer period of time, but not later than eight o'clock p. m. and not less than eight consecutive hours between the hours of six o'clock a. m. and six o'clock p. m.' So the relator contends that the time fixed was one and one-half hours short of the time required. The polls were actually open, however, for eight hours.

The question is, is the requirement mandatory or directory, or both? Before election it is mandatory if direct proceedings for its enforcement are brought, but after election it should be held directory in support of the result unless of a character to effect an obstruction to the free and intelligent casting of the vote, or the ascertainment of the result; or unless...