CT Supreme Court Upholds West Haven Mayoral Election Results

WEST HAVEN, CT — The Connecticut Supreme Court has affirmed a lower court’s ruling upholding the results of West Haven’s mayoral election last November.

The court issued a ruling Tuesday stating that Republican challenger Barry Lee Cohen “failed to satisfy his burden of proving by a preponderance of the evidence that the results of the mayoral election were seriously in doubt.”

Following an automatic recount due to the closeness of the race, incumbent Democratic Mayor Nancy Rossi was declared the winner by 32 votes (4,275 to 4,243).

Cohen filed a lawsuit on Nov. 15 challenging the results of the election.

In the lawsuit, Cohen “asserted that the West Haven election officials failed to adequately comply with various statutory requirements regarding absentee ballots,” according to the court’s ruling. “The plaintiff asked the trial court to issue a writ of mandamus either to set aside the results of the mayoral election or to hold a special election.”

A Superior Court judge issued a decision in June, concluding that “West Haven election officials had failed to strictly comply with certain statutory requirements pertaining to absentee ballots during the mayoral election. Nevertheless, the court concluded that the plaintiff had failed to establish that the results of the election were seriously in doubt.”

Cohen then appealed the decision to the Connecticut Supreme Court.

“After closely and thoroughly examining the briefs and appendices, and after careful consideration of the parties' arguments, we conclude that the judgment of the trial court should be affirmed,” the state Supreme Court’s ruling reads. “Although we agree with the trial court that ‘the evidence presented show[ed] a concerning lack of overall compliance with statutory guidelines by [West Haven] election officials,’ we also agree with the trial court that the plaintiff failed to satisfy his burden of proving by a preponderance of the evidence that the results of the mayoral election were seriously in doubt.”

In a statement, Cohen said he was “disappointed, but not completely surprised” by the court’s ruling.

“It is an extraordinary and rare decision to overturn any election,” he said. “The courts exercise great restraint before taking such a step. However, if there ever was an election that required such a decision, it was this mayoral election.”