Party nominees take legal action to remain on North Canaan ballot

NORTH CANAAN — A pair of Democratic Town Committee (DTC) candidates are seeking legal recourse to ensure they are included on the ballot this November despite errors on the party endorsement slate.

Plaintiffs Jean Jacquier and Carol Overby brought the case against defendant Marilisa Camardi to Torrington Superior Court, which held an evidentiary hearing Friday, Sept. 12. Testimony from both sides aimed to explain the situation to Judge Ann E. Lynch.

At the July 22 DTC caucus, Jacquier was endorsed as the party’s candidate for town clerk and Overby was endorsed to run for Board of Finance.

The next day, DTC chair and caucus secretary Chris Jacques filed the full endorsement slate and State Election Enforcement Commission (SEEC) documents to Assistant Town Clerk Marilisa Camardi. But the slate was missing information: Jacquier and Overby were not assigned to a specific office or term.

"I am a rookie at this," Jacques said on the witness stand. "I suppose I just didn't look at it closely enough."

Jacquier testified that she was not wearing her glasses while filling out her information on the official endorsement slate and “made a clerical mistake.”

Overby was not called as a witness.

Camardi testified to noticing on July 24 that the form was missing information and, after cross referencing the accompanying SEEC documents, filled in the blanks herself. It was established during the hearing that making clerical corrections on forms is within proper protocol for a town clerk.

On Aug. 7, however, First Selectman Brian Ohler alerted the Secretary of the State’s (SOTS) office that the original document was incomplete. (Ohler was not present at the Sept. 12 hearing.)

SOTS Election Officer Heather Augeri reviewed the slate as it was originally submitted. Per the filing, she responded that the endorsements were not properly certified and therefore void. Augeri advised Camardi remove both nominees from the ballot.

Jacquier testified that since the Aug. 7 correspondence she has had several phone calls with Augeri, who she described as a friend. Jacquier said Augeri relayed the same message to her: “She said it’s not valid.”

Camardi is the acting town clerk in North Canaan, though she is technically Jacquier’s part-time assistant. Jacquier is the current, four-term elected town clerk but has not reported to work since February following a dispute between her and the first selectman. “I did not resign. I did not quit. I just left,” Jacquier testified. “I couldn’t stand the turmoil.”

Plaintiff attorney John Kennelly said the SOTS office has no statutory authority to rule on issues relating to municipal party endorsements. Kennelly claimed that as the acting town clerk, Camardi is the sole individual responsible for finalizing and certifying the town election ballot.

Kennelly asserted that if Camardi was informed through the SEEC documents of which offices Jacquier and Overby were endorsed for, then Augeri’s advice should be ignored and the two candidates should be eligible to run in November.

Camardi said she was waiting to finalize the ballot until the court makes its decision.

After nearly three hours of testimony, Judge Lynch referenced a similar case, Airey vs. Feliciano (2024), in which Connecticut Supreme Court ruled to reject an improperly signed petition sheet. Lynch requested briefs from each attorney by Monday, Sept. 15, and planned to continue the hearing that week.