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. Greggs 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. Seaburys 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.

Paid for by the Danbury Democratic Town Committee, John Goglietttino, Treasurer
 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. Seaburys 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. Seaburys 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. Seaburys name, either by having the ballots reprinted with the name
of the replacement candidate, having stickers with the replacement candidates 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. Seaburys 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. Seaburys 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.

Paid for by the Danbury Democratic Town Committee, John Goglietttino, Treasurer
 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

Paid for by the Danbury Democratic Town Committee, John Goglietttino, Treasurer