Court rules Jacquier and Overby can’t appear on November ballot

NORTH CANAAN — Due to incomplete endorsement paperwork, Torrington Superior Court has ruled that two Democratic Town Committee nominees should not be included on North Canaan’s ballot in the upcoming Nov. 4 municipal election.

The case was initially brought on Sept. 5 by plaintiffs Jean Jacquier and Carol Overby against defendant Marilisa Camardi.

The plaintiffs requested to be included on the ballot despite failing to include the office they were running for on the endorsement slate that was filed by the DTC. The plaintiffs claimed they achieved substantial compliance with election laws because the accompanying State Elections Enforcement Commission paperwork was filed properly, even though the slate was not.

Upon review, Camardi, the acting Town Clerk in North Canaan, removed the two candidates from the ballot on advice from Secretary of the State Election Officer Heather Augeri. The SOTS office was alerted to the incomplete paperwork by First Selectmen Brian Ohler on Aug. 7.

An evidentiary hearing on Sept. 12 and subsequent arguments by attorneys on Sept. 19 led to the court’s decision.

Judge Ann E. Lynch filed her memorandum on Sept. 24 stating the plaintiffs failed to comply with Connecticut General Statute 9-391, which lays out candidate endorsement requirements.

Lynch’s decision acknowledges that other paperwork may have been filled out correctly, but that does not excuse the necessity to adhere to relevant election laws, she explains:

“The plaintiffs did not substantially comply with Connecticut General Statute 9-391 by filling out forms that pertain to completely different statutory requirements relating to campaign financing.

“This court cannot ignore the mandatory requirements of §9-391. Accordingly, this court finds that Camardi properly determined that Jacquier and Overby’s names cannot appear on the ballot for the November 2025 election.”

After the ruling, plaintiff attorney John Kennelly said, “Obviously we disagree with the judge’s interpretation of the law and exception to strict compliance with the statute. We believe that the judge’s ruling denies the people of North Canaan an opportunity to elect dedicated public servants. We are most disappointed with the actions of the First Selectman Ohler in that he knew of this potential issue weeks before he reported it to the Secretary of the State’s office, and he did so only after there was no chance for my client to fix the mistake. That type of partisan politics is a disservice to the citizens of North Canaan.”

Ohler responded. “This lawsuit does not pertain to me nor my position as North Canaan’s First Selectman.” He added, “I will continue to lead by example, as I have always done, insisting that legal counsel opine on all matters that involve the actions of our elected officials. That is the oath that I’ve taken and I will remain steadfast in my pledge to maintain the highest legal, moral, and ethical standards, while ceasing to ever partake in the mudslinging and rhetoric that I’ve been a constant target of over the past 20 months.”

Kennelly said his clients had not yet decided if they will appeal the court’s decision. The plaintiffs have up to 10 days after the ruling to file an appeal.

Election info

Jean Jacquier was nominated to run for Town Clerk by the DTC. Per the court ruling, Jacquier will not appear as a Democrat candidate on the 2025 ballot.

The Republican nominee for Town Clerk is Krysti Segalla.

Marilisa Camardi, part-time Assistant Town Clerk, is not running for office.

Carol Overby was nominated to run for Board of Finance by the DTC. Per the court ruling, Overby will not appear as a Democrat candidate on the 2025 ballot.

The other Democrat nominee for Board of Finance in 2025 is Emily Bottum.

The Republican nominee for Board of Finance is John Jacquier.

First Selectman Brian Ohler (R) is running for his second term.

Selectman Jesse Bunce was endorsed by the DTC to run for First Selectman in 2025.

In Connecticut, individuals can run as write-in candidates by registering with the SOTS office. The deadline to register as a write-in candidate for the 2025 municipal election is Monday, Oct. 6, at 4 p.m.