Attorneys present arguments in North Canaan ballot case

NORTH CANAAN — Should two Democratic Town Committee candidates be included on the November ballot despite errors in the endorsement paperwork?

That is the question Judge Ann E. Lynch faces in the case of Jacquier vs. Camardi. Lawyers for each side submitted written arguments to Torrington Superior Court on Friday, Sept. 19.

Both briefs address the matter of substantial compliance — as opposed to strict compliance — with election laws.

On July 22, the DTC nominated Jean Jacquier to run for Town Clerk and Carol Overby to run for Board of Finance, but neither candidate included the office or term on the official endorsement slate. Upon review, Connecticut Secretary of the State Election Officer Heather Augeri stated the slate was invalid and she advised Marilisa Camardi, acting Town Clerk and defendant in this case, to remove the candidates from the ballot.

Plaintiffs Jacquier and Overby did not deny that the endorsement slate was submitted with missing information. Attorney John Kennelly argued that they should be included on the ballot because they achieved substantial compliance with the law.

“At first glance, the statutory language in C.G.S. 9-391 appears to be mandatory. However, our State Supreme Court has recognized that voters (in this case caucus voters and ultimately the voters of North Canaan) should not be disenfranchised for minor violations of even mandatory election statutes,” Kennelly’s brief states.

In conclusion, Kennelly urged the court to require Camardi to include Jacquier and Overby on all ballots pertaining to the Nov. 4 election.

Camardi’s attorney Thomas Gerarde argued, “strict compliance is required such that neither the election official nor the Court can excuse a candidate’s inadvertent noncompliance.”

Gerarde stated the plaintiffs have not had any rights violated and their request for relief should be denied. “The omission of the Plaintiffs from the ballot as Democratic Party-Endorsed Candidates comports with the law and is a result required by law.”

Judge Lynch is expected to make a ruling by Friday, Sept. 26.

Election info

Jean Jacquier, North Canaan’s current Town Clerk, has been elected four times as a Republican. Following a legal dispute with First Selectman Brian Ohler (R) she vacated her office in Town Hall and has not returned since February 2025. In July she was endorsed by the DTC to run for Town Clerk.

Camardi is Jacquier’s part time assistant and has been filling in as acting Town Clerk since February. Camardi is not running for office.

The Republican Town Committee candidate for Town Clerk this year is Krysti Segalla.

Carol Overby is one of two DTC candidates for Board of Finance. The other is Emily Bottum.

The RTC candidate for Board of Finance is John Jacquier.

Also on the North Canaan ballot this year will be three questions asking voters to decide if the positions of Town Clerk, Tax Collector and Treasurer should be elected or appointed. Currently all three positions are elected. If voters choose to appoint these positions moving forward, the change would take effect at the end of the next term for each official.