Here's a copy of the election returns from Danbury...

Photo credit: Newstimes

From last night, here's video footage of Danbury Mayoral candidate Al Almeida's concession speech.

Turnout: Same or near as 2013 levels... * Most impressive candidate/campaign/MVP award: Farley Santos...it's not even close...seriously...

Races to watch:

1. Board of Education 2 year term race between Eileen Alberts and Kathy Molinaro.

2. Board of Education 4 year term race...watch for Republican Emanuela Palmares and Democrat Farley Santos...

3. City Council At Large race among Democratic candidates (due to the vacancy from the passing of Gregg Seabury).

Predictions:

Mayor: Boughton (approx 7700) Almeida (aprox 3100).

I think Boughton will pull around the same numbers as he did in 2013 in his race against Paul McCallister...I think Almeida will pull near 2013 Dem petitioning candidate Paul McCallister...it will be interesting to see his final numbers and see where he ranks against former Democratic candidates McCallister (2013), Taborsak (2011), Gonvcalves (2009), and Abrantes (2005).

Treasurer: Jowdy (approx 8500), Salvatore (approx. 4400).

Only think interesting about this race is that Jowdy bought new lawn signs and seeing how Salvatore matches up against the last Democratic candidate who ran against Jowdy, Brian Cotter (4544 votes, 2007).

Town Clerk: Geigler (aprox. 4700), Bielizna (aprox 3400).

Same as 2015... City Council..wards 1-7: unchanged.

1-R

2-R

3-R

4-D

5-D

6-D

7-R

At Large: unchanged.

At Large Democratic predictions:

1. Kovcas

2. Taborsak

3. Alves

4. Katzing

5. Sabo

6. Love

7. Britton

(Honestly, 4-7 were shots in the dark...just gut feeling since they are newbies to the game).

Zoning: Same lineup but I think Gartner has a realistic shot at winning...

Stay tuned...results soon...

Danbury Democratic Town Committee

PO Box 164 161 Main Street

Danbury, CT 06813 203-778-3661

November 7, 2017

Hon. Janice R. Giegler

Town Clerk City of Danbury

City Hall 155 Deer Hill Ave Danbury, CT 06810

The Hon. Margaret Gallo Registrar of Voters City of Danbury

City Hall 155 Deer Hill Ave

Danbury, CT 06810

The Hon. Maryann Doran

Registrar of Voters

City of Danbury City Hall

155 Deer Hill Ave Danbury, CT 06810

Dear Mrs. Giegler, Mrs. Gallo and Ms. Doran: I am saddened by the recent passing of City Councilman Gregg Seabury. Gregg was a valued public servant and educator. Gregg’s passing is a loss for his family and the City of Danbury as a whole. My respect for Gregg makes me regret the need to draft this correspondence. Unfortunately, I believe it is necessary to make certain facts regarding Mr. Seabury’s presence on the Election Day ballot and the effect of his passing absolutely clear.

First, the law is well established that Conn. Gen. Stat § 9-460 governs what is to occur when a candidate passes less than twenty-four days but more than twenty-four hours before the opening of the polls on Election Day. Specifically, the statute permits the party who nominated the candidate to nominate a replacement candidate. Critically the statute does not allow, as is the law in some states, the candidate to remain on the ballot.

The law is clear and requires that, in the event Mr. Seabury is not replaced on the ballot, his ballot position is vacant and no votes for his election may be counted. This is in contrast to what would occur if his death had occurred less than twenty-four hours prior to the opening of the polls, which would result in the counting of ballots cast for Mr. Seabury and, if he had obtained a plurality, would have created a vacancy to be filled by the City Council.

In this instance, however, Mr. Seabury’s passing occurred on Saturday, November 4, 2017, more than twenty-four hours prior to the opening of the polls. Contrary to claims that have appeared in the press, the fact that his passing occurred on a Saturday is of no legal moment and any claim to the contrary is simply not premised upon the law.

Mr. Seabury’s passing, less than twenty-four days but more than twenty-four hours before the opening of the polls, created a vacant nomination. See, Conn. Gen. Stat. § 9-460 which clearly holds that in such circumstances the candidate may be replaced or his name removed from the ballot. The statute does not permit the name to remain on the ballot as I understand is intended.

The failure to remove Mr. Seabury’s name, either by having the ballots reprinted with the name of the replacement candidate, having stickers with the replacement candidate’s name placed on the ballots or, in the event no replacement has been nominated, “(C)caus[ing] blank stickers to be so affixed if the vacancy is not filled,” is in direct violation of Conn. Gen. Stat. § 9-460 (adding emphasis).

Critically, this means that while he could have been replaced on the ballot, the failure to name a replacement does not permit Mr. Seabury to remain as a candidate on the ballot. Nor may he receive any votes or have votes cast for him counted in any way or for any purpose.

This is an important and critical matter because the press is reporting a claim by Mayor Boughton that he believes that votes cast for Mr. Seabury will be tallied and, should he prevail, his position would be declared vacant and filled by the City Council.

While I understand Mayor Boughton is not an elections official and that he has absolutely no authority over elections decisions, his position as the chief elected official of Danbury and de facto leader of the Republican party requires a response.

This position is contrary to law. As noted above, Mr. Seabury’s passing more than twenty-four hours before the opening of the polls precludes the counting of any votes cast for Mr. Seabury. Moreover, his passing creates a vacancy in the nomination, in other words leaving Mr. Seabury’s former ballot position effectively blank. It does not create a vacancy to be filled by the City Council, which would be dependent upon counting votes for Mr. Seabury which the law does not permit. Please be advised that any attempt to count votes for Mr. Seabury or to certify any electoral effect from any votes cast for Mr. Seabury would be illegal and unlawful. Moreover, any attempt to certify Mr. Seabury as the winner of a seat on the City Council or to declare a vacancy to be filled by the City Council based upon votes cast for Mr. Seabury would also be illegal.

Finally, any attempt to seat an individual in such a seat would be illegal. Please consider this correspondence formal notice that any such action on the part of the Town Clerk or the Registrar of Voters will result in the commencement of a civil action in the Superior Court for the Judicial District of Danbury seeking an Injunction and, if appropriate, a Writ of Quo Warranto.

Thank you for your time and attention to this matter. Please do not hesitate to contact me if you have any questions regarding the foregoing. Sincerely, Gene F. Eriquez Chair, Danbury Democratic Party

CC: Denise Merrrlll, Secretary of the State

Joseph DaSilva, Jr., Esq.

Laslo Pinter, Esq.

Joseph Cavo, President, City Council

Thomas J. Saadi, Esq., Minority Party Leader, City Council

The News-Times

WLAD News

Hartford Courant

Connecticut Democrats

“This is an emotional time and Secretary Merrill and the staff of her office have deep sympathy for the friends and family of Councilman Seabury.

Early yesterday afternoon, lawyers from the Secretary of the State’s office informed Danbury’s local election officials of the law regarding replacing a deceased candidate on the ballot. Connecticut law in this case is clear, and there is no basis in law to allow Gregg Seabury’s name to remain on the ballot, or to treat this situation as if there is a vacancy in office.

It is of great concern to read news reports this morning that Danbury officials have apparently decided to ignore the clear requirements of Connecticut law. It is the position of this office that all local election officials should follow the law as written.”

- Gabe Rosenberg, Communications Director for Connecticut Secretary of the State Denise Merrill

Danbury, we have a problem

Gregg Seabury passes away.

The passing of City Councilman Gregg Seabury over the weekend has created quite a situation in Danbury; it is horrible that people who are mourning the passing of Seabury are forced to deal with this situation but unfortunately, this is where we are at right now.

As I stated in an earlier post, according to state law, a replacement to Seabury needed to be on file with the Town Clerk's office by 2PM today.

Here's the exact wording of Connecticut State Statue 9-640 (relevant portion is in bold):

Sec. 9-460. Vacancy in nomination; withdrawal procedure. Certification of replacement nomination; time limitations. Ballot labels. If any party has nominated a candidate for office, or, on and after November 4, 1981, if a candidate has qualified to appear on any ballot by nominating petition under a reserved party designation, in accordance with the provisions of this chapter, and such nominee thereafter, but prior to twenty-four days before the opening of the polls on the day of the election for which such nomination has been made, dies, withdraws such nominee's name or for any reason becomes disqualified to hold the office for which such nominee has been nominated (1) such party or, on and after November 4, 1981, the party designation committee may make a nomination to fill such vacancy or provide for the making of such nomination as its rules prescribe, and (2) if another party that is qualified to nominate a candidate for such office does not have a nominee for such office, such party may also nominate a candidate for such office as its rules prescribe. No withdrawal, and no nomination to replace a candidate who has withdrawn, under this section shall be valid unless the candidate who has withdrawn has filed a letter of withdrawal signed by such candidate with the Secretary of the State in the case of a state or district office or the office of state senator or state representative from any district, or with the municipal clerk in the case of a municipal office other than state senator or state representative. A copy of such candidate's letter of withdrawal to the municipal clerk shall also be filed with the Secretary of the State. No nomination to fill a vacancy under this section shall be valid unless it is certified to the Secretary of the State in the case of a state or district office or the office of state senator or state representative from any district, or to the municipal clerk in the case of a municipal office other than state senator or state representative, by the organization or committee making such nomination, at least twenty-one days before the opening of the polls on the day of the election, except as otherwise provided by this section. If a nominee dies within twenty-four days, but prior to twenty-four hours before the opening of the polls on the day of the election for which such nomination has been made, the vacancy may be filled in the manner prescribed in this section by two o'clock p.m. of the day before the election with the municipal clerk or the Secretary of the State, as the case may be. If a nominee dies within twenty-four hours before the opening of the polls and prior to the close of the polls on the day of the election for which such nomination has been made, such nominee shall not be replaced and the votes cast for such nominee shall be canvassed and counted, and if such nominee receives a plurality of the votes cast, a vacancy shall exist in the office for which the nomination was made. The vacancy shall then be filled in a manner prescribed by law. A copy of such certification to the municipal clerk shall also be filed with the Secretary of the State. Such nomination to fill a vacancy due to death or disqualification shall include a statement setting forth the reason for such vacancy. If at the time such nomination is certified to the Secretary of the State or to the municipal clerk, as the case may be, the ballot labels have already been printed, the Secretary of the State shall direct the municipal clerk in each municipality affected to (A) have the ballot labels reprinted with the nomination thus made included thereon, (B) cause printed stickers to be affixed to the ballot labels so that the name of any candidate who has died, withdrawn or been disqualified is deleted and the name of any candidate chosen to fill such vacancy appears in the same position as that in which the vacated candidacy appeared, or (C) cause blank stickers to be so affixed if the vacancy is not filled.

History: 1963 act restated previous provisions; P.A. 81-447 amended section to include candidates qualifying by nominating petition under a reserved party designation; P.A. 82-247 amended section to clarify procedure for filing withdrawal of candidacy by nominee; P.A. 83-475 amended section to create ten-day period before election or primary during which vacancies are not to be filled except in case of death of candidate; P.A. 94-203 added Subdiv. (2) re stickers, replacing former provision requiring stickers if nomination certified less than 96 hours before polls open, and added Subdiv. (3) re blank stickers, effective July 1, 1994; P.A. 03-216 designated existing provision re filling vacancy as Subdiv. (1), added Subdiv. (2) authorizing another party that does not have a nominee to also nominate a candidate for the office for which there is a vacancy in nomination and made technical changes, effective July 1, 2003; P.A. 07-194 changed “ten days” to “twenty-four days” and “seven days” to “twenty-one” days, effective July 5, 2007.

It was rumored that Bruce Bennett's name was to be filed with the Town Clerk's office...but later it became apparent that the Republican Party would be taking a different approach that will most likely lead the city to court.

A state law saying a candidate who dies within 24 days of an election, but at least 24 hours before it must be replaced by the candidate’s party or removed from the ballot. Gabe Rosenberg, a spokesman for the Connecticut Secretary of State’s office, said this could be done either by blacking out the candidate’s name or affixing a sticker over it bearing the name of a replacement.

But Danbury GOP leaders said there simply wasn’t time since Seabury’s death to do either.

“There really is no way that we can black out his name on more than 20,000 ballots before tomorrow’s election,” GOP Mayor Mark Boughton said Monday, “It’s impossible.”

Since Seabury passed away over the weekend, and City Hall is not opened on the weekends, the Registrar of Voters had only today to modify all of the ballots...a tall order when you're talking about 20,000 ballots as opposed to the time when voting machines were used. Boughton's other concerns pertains to defacing ballots...

The mayor noted that another state law bans the defacing of any official election ballot.

Sec. 9-367. Tampering with ballot or voting tabulator. Any person, not being an election official, who, with intent to cause or permit any ballot, voting tabulator or other appliance used in connection with such tabulator to fail to correctly register any vote cast upon such ballot, tabulator or other appliance, during any election or before any election, tampers with a voting tabulator, disarranges, defaces, injures or impairs the same in any manner, or mutilates, injures or destroys any ballot or any other appliance used in connection with such tabulator, shall be guilty of a class C felony.

According to state law, election officials can modify ballots...or in this case, remove Seabury's name from the ballot.

Finally, there's this comment from Danbury RTC Vice chair Mike Safranek:

“A reasonable person can conclude that the legislative intent was a window of 24 business hours,” he said, citing that the Town Clerk’s Office opened Monday at 7:30 a.m. “Our position is that we are within the 24 hours.

If a nominee dies within twenty-four days, but prior to twenty-four hours before the opening of the polls on the day of the election for which such nomination has been made, the vacancy may be filled in the manner prescribed in this section by two o'clock p.m. of the day before the election with the municipal clerk or the Secretary of the State, as the case may be.

It doesn't matter when City Hall is open as it's irrelevant to the law...the only thing that matters is the time in which the candidate dies. The law states that if an person who is on the ballot dies more up to twenty-four hours before the opening of the polls on Election Day, a replacement candidate must be filed no later than 2PM before Election Day.

Ugh...again, this whole matter is tragic and a mess...a mess that only a judge can clean up.

Over the weekend, long time City Councilman, former Danbury High School teacher, and former 109 District GOP State Rep candidate Gregg Seabury passed away, he was sixty-seven years old.

Statement for the City of Danbury:

he City of Danbury is deeply saddened by the passing of Majority Leader and Councilman At-Large Gregg William Seabury.

Mr. Seabury served on various boards and commissions before being elected to the City Council in 2003. He was a beloved member of the Rogers Park Middle School, Broadview Middle School, and Danbury High School families during his 3 decades as a science teacher. Mr. Seabury will also be remembered as a coach and as a tireless civic leader devoted to the Danbury community.

In addition to his work on the City Council, Mr. Seabury was a former member of the Danbury Republican Town Committee and a former member of the Connecticut Republican State Central Committee.

Mr. Seabury is survived by his wife Barbara and his 4 children. He loss will be deeply felt by the entire community.

The City of Danbury wishes to extend its prayers to the councilman’s family and friends. Funeral arrangements have not yet been announced."

If a nominee dies within twenty-four days, but prior to twenty-four hours before the opening of the polls on the day of the election for which such nomination has been made, the vacancy may be filled in the manner prescribed in this section by two o'clock p.m. of the day before the election with the municipal clerk or the Secretary of the State, as the case may be. If a nominee dies within twenty-four hours before the opening of the polls and prior to the close of the polls on the day of the election for which such nomination has been made, such nominee shall not be replaced and the votes cast for such nominee shall be canvassed and counted, and if such nominee receives a plurality of the votes cast, a vacancy shall exist in the office for which the nomination was made. The vacancy shall then be filled in a manner prescribed by law. A copy of such certification to the municipal clerk shall also be filed with the Secretary of the State. Such nomination to fill a vacancy due to death or disqualification shall include a statement setting forth the reason for such vacancy. If at the time such nomination is certified to the Secretary of the State or to the municipal clerk, as the case may be, the ballot labels have already been printed, the Secretary of the State shall direct the municipal clerk in each municipality affected to (A) have the ballot labels reprinted with the nomination thus made included thereon, (B) cause printed stickers to be affixed to the ballot labels so that the name of any candidate who has died, withdrawn or been disqualified is deleted and the name of any candidate chosen to fill such vacancy appears in the same position as that in which the vacated candidacy appeared, or (C) cause blank stickers to be so affixed if the vacancy is not filled.