Fay v. MerrillAnnotate this Case
The Supreme Court granted Defendant's motion to dismiss this action claiming seeking declaratory and injunctive relief challenging the Secretary of State's (Defendant) "ruling of an election official," which added a seventh category for absentee voting, "COVID-19," to the application for absentee ballots for the August 11, 2020 primary election in contemplation of the ongoing pandemic, holding that this Court lacked subject matter jurisdiction.
Plaintiffs, four candidates in the August primary for the Republican Party's nomination for the office of United States representative for Connecticut's First and Second Congressional Districts, brought this proceeding pursuant to Conn. Gen. Stat. 9-323, claiming that Defendant's change to the application violated Conn. Const. art. VI, 7 and that the application was inconsistent with the terms of Executive Order No. 7QQ. Defendant moved to dismiss the complaint for lack of subject matter jurisdiction. The Supreme Court granted the motion to dismiss, holding that jurisdiction lay in the Superior Court in the judicial district of Hartford.