The Bridgeport Ballot-Stuffing Controversy Reaches the Connecticut Supreme Court
November 14, 2024
By: Jayli Esber
The Connecticut Supreme Court’s decision regarding a ballot-stuffing controversy comes at a crucial time in the context of American elections. But the decision—a dismissal for lack of standing—might be an unsatisfying resolution to an inflammatory matter.
The case was brought by three Bridgeport voters, seeking the arrest of two local political figures for election misconduct during the city’s 2023 Democratic mayoral primary. The defendants are Wanda Geter-Pataky, vice chair of Bridgeport’s Democratic Town Committee, and Eneida Martinez, a Bridgeport councilwoman. Video footage of Geter-Pataky and Martinez depositing handfuls of absentee ballots in ballot drop boxes led to the primary election being invalidated and redone. Ballot-stuffing allegations were only part of the controversy; the results of the election were also questioned due to other violations of Connecticut’s strict absentee-ballot procedures. However, the “many hundreds of hours of video . . . evidence [], perhaps[] unprecedented in the State of Connecticut in an election case,” ultimately satisfied the high burden of proof necessary for a court to overturn the results of an election and order a new election.
The redo election yielded the same result, securing the victory of Ganim—the candidate who the defendants are alleged to have illegally benefited in the first primary election. Ganim was sworn in as Bridgeport’s mayor in May of 2024, but the dispute did not die there. The election redo being a civil remedy, the defendants have not been convicted of any crime. The State Elections Enforcement Commission referred the matters to the Chief State’s Attorney for prosecution, but there had not been further action. Those concerned about election fraud wanted to change that.
The Connecticut Supreme Court’s decision arose out of arrest applications filed by three Bridgeport voters under Connecticut General Statute § 9-368, which provides that a judge shall issue an arrest warrant upon a complaint made in good faith by three electors alleging a violation of their town’s election law. State voter challenge statutes are common but controversial. This Connecticut statute goes beyond the typical provision for voters’ ability to challenge election practices by providing for voters’ ability to initiate a criminal action. Notably, other state statutes (unrelated to election law) permitting citizens’ to compel prosecutorial action have been struck down for violating the separation of powers. Although this Connecticut provision has existed since 1868, it had been employed—unsuccessfully—in only one prior case.
The lower court held that Section 9-368 violated the federal and state constitutions because it did not require a finding of probable cause before issuing an arrest warrant and it did not require coordination with the state’s criminal justice department.
The contentious factual background and the peculiar law at issue seemed to set the Connecticut Supreme Court up for an impactful ruling. However, the court did not address the merits nor the constitutionality of the statute. It dismissed the complaint based on standing, holding that the complainants lack a judicially-cognizable interest in the matter. The court relied upon precedent establishing that a citizen lacks standing to contest prosecutorial decisions in which they are not implicated. The complainants’ contention that their interest comes from their denial of a free and fair election is only a general interest that is common to all members of the community; a specific and personal interest is needed to establish standing. The court concluded that, although this ruling effectively precludes appellate review of the denial of a § 9-368 application, this “is consistent with the notion that the right to pursue a criminal prosecution belongs not to a private party but to the state.”
This case leaves unanswered questions, but it perhaps exemplifies courts’ tendency to distance themselves from overtly partisan battles.