In a major setback for a veteran lawmaker
attempting to save his political career, a Bridgeport judge refused Tuesday to
hear most of longtime state Rep. Jack Hennessy's challenge to last month's
Democratic primary.
Hennessy lost to City Council member Marcus Brown
by just two votes – after two recounts. Now, he wants the court to toss out at
least five absentee ballots over alleged fraud.
"We can't condone forgery. We can't condone identity
theft," said Maria Pereira, Hennessy's campaign manager. "And the [Connecticut] Supreme
Court has repeatedly upheld the absentee ballot laws must be fully complied
with."
Hennessy
isn't challenging the absentee ballot themselves, but the applications voters
filled out to get them. His attorney argued
several ballots shouldn't be counted because someone else signed the voters'
name. In two cases, it was a spouse or fiancé.
But Judge Barry Stevens ruled the ballot application issue
did not rise to the level of voter fraud, suggesting Hennessy's lawyers were
grasping at straws over minor technicalities. He noted the voters signed their
actual ballots themselves.
"I’m not prepared
to disenfranchise a voter for doing what the voter was supposed to do,” Judge
Stevens said.
Brown's
campaign agreed.
"We
haven't heard any evidence of voter fraud," said Brown campaign manager
Tom Gaudett. "In fact, we've heard the exact opposite, which is, we have
spouses that are signing applications from their other spouse."
The case will resume Thursday morning when
Hennessy's team plans to present voting totals from primary night on
Aug. 9.
Despite
Tuesday's legal setback, Pereira promised the legal battle will continue – even
with the election less than two months away.
"If he certifies this election for Marcus Brown, we are going to
appeal," she said.
Time is quickly winding down to hold a new Democratic primary. The secretary of
the state is supposed to send out final ballots to the Bridgeport Town Clerk by
Thursday, the day the hearing resumes.