Judge rejects NL Democratic primary

New London — A decision by a superior court judge on Thursday has eliminated the possibility of a primary election for petitioning candidates seeking a spot on the Democratic Town Committee.

New London Superior Court Judge Timothy Bates, weighing the constitutional issue of reject- ing signatures gathered by a person who was not by law a member of the Democratic Party, determined the existing law was in place to avoid manipulation of the system by people switching parties.

Six people had petitioned for a primary against endorsed Democratic Town Committee candidates

in the second voting district after some were denied a spot during a party caucus in January

The group needed 127 signatures but fell short after Democratic Registrar of Voters William Giesing rejected the signatures gathered by resident Jason Morris.

Morris filed suit against Giesing seeking an injunction that would allow the signatures to be accepted. Morris was not among the candidates.

Giesing had initially accepted the petition submitted by Morris on the Jan. 27 deadline but after talking to Republican Registrar of Voters Rob Pero realized Morris was not eligible to collect signatures.

Morris had switched from a Green Party member to a Democrat in December.

State election law dictates that anyone who transfers parties cannot participate in party activities for three months and is not technically considered an “enrolled party member.”

Morris said he was unaware of the law. His attorney, former New London mayor Daryl Justin Finizio, argued that the three-month requirement deprived Morris and people who signed of their first amendment rights.

Finizio cited a recent federal case in which a judge ruled in favor of the ACLU and Libertarian party when they argued that state law restricting who can circulate nominating petitions place a “severe burden” on free speech and voting rights.

Bates told Giesing during a court hearing this week that he had only followed the law when rejecting the petition. Bates, however, had appeared to be taking serious consideration of the constitutional issues Finizio raised.

He ultimately ruled against Morris and cited the reason the law was enacted by the legislature. “The legislature could have reasonably believed that the three month waiting period and enrollment requirements make it more difficult to interfere with political parties and maintain order, honesty, and fairness in the election process,” he wrote.

Finizio said he was disappointed in the ruling but grateful of the court’s “careful consideration of the arguments we made in the case.”

“I’m glad we took the case to court,” Finizio said. “When the constitutional rights of any citizen in the political process are called into question, it’s the duty of every American to go through all legal means to enforce their free speech rights,” he said. “We understand it was a complex case for the court.”

Attorney Victoria S. Mueller, who represented Giesing with others from the firm of Conway, Londregan, Sheehan & Monaco, said in an email they were happy with “the court’s well- reasoned decision upholding the actions of the Democratic Registrar of Voters.”

“Knowing that Mr. Giesing followed the absolute letter of the law, we felt that the court’s decision was inevitable,” she said in an email.

Tim Sparen, who led the challenge of endorsed Democrats and was among the group of petitioning candidates, said he had attended the Democratic Town Committee caucus and found himself “shut out of a process that didn’t feel very open.”

He compared the two-party process in general to “an 8thgrade popularity contest.”

“I guess it’s democracy at work. I hope this case raises awareness of how closed off the process can be,” he said. “With any organization, a small group can make a huge difference. And things really matter at the local level.”

Morris said he fought the rejection of the signatures in part because he supported a change in membership of the Democratic Town Committee.

He said the system in place, with 20 representatives for each of the city’s three dis-

tricts, disproportionately gives the smaller districts equal power.

At the time of the Democratic caucus there were 7,187 registered Democrats in the city: 3,247 in District 1, 2,539 in District 2 and 1,401 in District 3, city records show.

“The people in place will never make that change because they are protecting themselves,” he said.

Margaret Mary “Peg” Curtin, chairwoman of the Democratic Town Committee’s second district, said the caucus, which is advertised in advance, is open to every registered democratic in the city.

She said the process worked as it should with people nominated from the floor and votes cast in favor of candidates.

Curtin said endorsed candidates are expected to be members at the committee’s next meeting in March.