Gargano v. Downey

The within matter was brought by the plaintiff, pursuant to the provisions of § 9-328 of the General Statutes, claiming aggrievement by a ruling of the moderator at an election for the position of warden of the borough of Colchester held on May 7, 1973. The alleged errors concern the moderator’s allowing certain absentee ballots to be counted and cast.

At the time of the hearing before the court, the parties entered into a written stipulation alleging in essence that (1) there was no evidence of any intent on the part of any of the election officials to alter, change, defraud, deface or in any…