A Judge ruled on Wednesday to overturn the city’s Democratic Primary Election, initially won by incumbent Mayor Joe Ganim, following claims of absentee ballot fraud by his opponent, John Gomes.
After two weeks of evidentiary hearings for
Gomes’s absentee ballot fraud lawsuit, Judge William Clark ordered a new
Democratic primary based on 180 pieces of evidence presented by Gomes’s legal
counsel.
In the 37-page ruling, Clark said the video footage presented by Bill
Bloss – Gomes’s attorney – was particularly alarming.
“Mr. Ganim was also correct to be ‘shocked’
at what he saw on the video clips in evidence that were shown to him while he
was on the witness stand,” Clark wrote. “The videos are shocking to the court
and should be shocking to all the parties.
Ganim was one the many city officials
called to the Fairfield Judicial District Superior Courthouse for questioning,
along with Wanda Geter-Pataky, vice chair of the Bridgeport Democratic Town
Committee and operations specialist for the city, and Eneida Martinez, a former
City Council member accused by Gomes of stuffing ballot dropboxes.
At the witness stand, Ganim told the court he was “shocked” by an 18-minute video – subpoenaed by Gomes from Bridgeport police – that appeared to show 12 instances of Geter-Pataky either depositing stacks of ballots herself or handing ballots to others from behind her reception desk, and four instances of Martinez dropping off ballots.
Asked about the footage during the
hearings, both Geter-Pataky and Martinez asserted their Fifth Amendment rights
against self-incrimination. Ganim, who appeared to win the primary by 250
votes after a count of absentee ballots, denied any involvement in the alleged fraud.
Under state election law, absentee ballots
may be only returned by the ballot applicant, a family member, a police
officer, an election official or a caretaker. Clark said the footage provides
direct evidence that state law was violated when “unauthorized partisans”
handled and submitted ballots.
In addition to the police footage, Bloss
argued in court that many of the absentee ballots should never have been
counted given that they were improperly
stamped.
According to state law, Bloss argued,
stamped ballots accepted by Town Clerk Charles Clemons should have included the
date and time they were received and the Clemons’ signature. But many of the
ballots presented by Bloss were missing the signature.
In a closing brief, the Office of the
Secretary of the State Stephanie Thomas – a defendant named in the lawsuit
alongside Ganim, Clemons and Democratic Registrar of Voters Patricia Howard –
argued that the court should reject the challenge to the absentee ballots.
Clark accepted the office’s recommendation,
finding the stamp to be “substantially compliant.”
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