VotersUnite!

Novachek won't appeal
By: B.J. O'Brien
02/06/2004

Former Republican First Selectwoman Judith Novachek announced this week that neither she nor nine other fellow party members will appeal a decision by Danbury Superior Court Judge Douglas Mintz to dismiss their lawsuit that sought to overturn the Nov. 4 municipal elections.

The lawsuit was filed against the town and those candidates who were victorious on Election Day, most of whom were Democrats.
"Neither my running maters nor I will appeal the judge's decision," Mrs. Novachek said in a prepared statement (see Letter to the Editor, Page 4). "The Election Enforcement Division of the secretary of the state's office will have the final say as to whether election officials erred. I will lobby for the election reform necessary to resolve ambiguities confronted in our appeal and those created by Judge Mintz in his decision."
The judge dismissed the case because not all of the individuals who might be affected by suit, primarily the third-party candidates on the Election Day ballot, were notified of the court action.
"The court lacks subject matter jurisdiction to hear this matter because all the parties required to have notice of this action did not receive notice. Therefore, the case is dismissed," Judge Mintz said in his decision.
However, he decreed that the results of the vote recount held Dec. 11 would be the official results for the November municipal elections.
Throughout the court proceedings, Mrs. Novachek said that the lawsuit was not solely about seeking another election.
"The court challenge was about the integrity and, therefore, the validity of an election that began with all voting machines set up incorrectly as well as not having been test voted properly," she said. "This error precipitated Election Day confusion, resulting in the secretary of the state's office shutting down the voting machines in three of the five voting districts and recommending the use of emergency paper ballots. In two districts with one 'untainted' spare machine each, long lines discouraged voters. Court testimony has documented these problems in detail. The evidence was presented and attested to by a number of poll workers."
Mrs. Novachek added it seemed that Judge Mintz decided not to address these problems and said the election officials did the best job they could under circumstances.
"This leaves the impression that 'doing the best one can' supercedes Connecticut election law. If the moderator's handbook had been followed, the voting machine problems would have been found in advance of the election, any emergency paper ballots would have been cast as prescribed by law," she said.
First Selectwoman Alice Hutchinson, a Democrat, is pleased that Mrs. Novachek has decided not to file an appeal.
"I'm glad to hear it," she said. "I do feel that the judge had compelling arguments for his decision and his ruling."
Mrs. Hutchinson pointed out that going through the appeal process would have cost the town more money in addition to the approximately $120,000 it has already spent on the case.
"I'm sorry this case was started in the first place," she said.
"The court challenge has always been about doing what is right," Mrs. Novachek stated.
"Overseeing elections is a serious responsibility. The election process should be done according to statute to minimize even the slightest hint of mistake or wrongdoing," she continued.
"I will work diligently to pursue remedies available through the state legislature for the election reform necessary to resolve the issues pointed out in our appeal. This includes addressing language in statute as well as in the moderator's handbook and those created by Judge Mintz in his court decision. Election Day incidents such as what occurred in November 2003 should never happen again in Bethel or in any other town in Connecticut. The decision I and nine other Bethel residents made to go forward was believed to be in the best interest of the town. We still believe that. I thank all the people of Bethel who have indicated their support."