Suit Filed Over Independent Ballot Slot

By John Voket

The recently elected chairman of the State Independent Party on September 6 filed a lawsuit in Waterbury Superior Court that could affect which Independent candidate, if any, will appear on a Newtown ballot for the 106th State Legislative District. The suit contends the nomination of Republican Mitch Bolinsky, which was filed by the state Independent Party’s previous chairman, should be superceded by Independent Party of Newtown (IPN) nominee Bruce Walczak, whose nomination was accepted by the most recently elected state Independent chairman.

Further complicating matters is the Secretary of the State’s Office, which oversees elections and according to a spokesman, is leaving the decision about whose name appears on the Newtown ballot up to the state and local Independent contingents to work out.

On September 11, Av Harris, a spokesman for Secretary of the State Denise Merrill, told The Bee his office is dispatching letters to the parties involved that indicates, “if they don’t figure out who is the real McCoy, neither will get on the ballot.”

“It’s not for us to determine who is the real candidate,” Mr Harris said. “It’s up to them.”

The suit also involves a similar controversy over dually nominated Independent State Senate candidates in Waterbury, and was filed by State Independent Chairman Michael Telesca, senate nominee Corky Mazurek, and Mr Walczak. The defendants are John L. Dietter and Robert Fand, who are claiming to have been in the positions of chairman and acting secretary of the state Independent Party when it put forward senate nominee Joe Markley and Mr Bolinsky for the 106th District.

Secretary of the State Merrill is also a named defendant in the suit.

According to the suit, “On August 20…purporting to act on behalf of the Independent Party, defendants Dietter and Fand filed a ‘Certificate of Endorsement’ with the Secretary of the State, endorsing defendant Mitch Bolinsky as the candidate for the Independent Party to appear on the November 6, 2012 ballot for the office of state representative from the 106th Legislative District.”

The suit contends that “Defendants Dietter and Fand have no authority to nominate or endorse any candidate for the office of senator from the 16th Senatorial District or for the office of representative from the 106th Legislative District and the ‘endorsements’ of Joe Markley and Mitch Bolinsky for those offices are void and of no effect.

“A conflict exists as to who is the authorized nominee of the Independent Party for the senatorial seat of the 16th State Senatorial District and the 106th Legislative District,” the suit states. It goes on to say, “When the Elections Division of the office of the Secretary of the State receives conflicting nomination from a political party, its policy is to place neither candidate’s name on the ballot where the conflict exists unless and until it is instructed otherwise by a court having jurisdiction over the issue.”

And, “It is reasonably probable that the Secretary of the State will apply the policy described above to the conflicting nominations of plaintiff Bruce Walczak and defendant Mitch Bolinsky to the office of representative for the 106th Legislative District as the candidate of the Independent Party for that office, and refuse to place either name on the November 6, 2012 ballot as the candidate of the Independent Party.”

The suit contends that if this happens, Mr Telesca and Mr Walczak among others “will suffer irreparable harm and they are without remedy at law.” The plaintiffs are seeking a declaratory judgment and a mandatory injunction ordering Secretary Merrill to place Mr Mazurek’s and Mr Walczak’s names on the Independent lines on their respective statewide ballots.

At press time for The Bee September 13, no action had been taken on the suit according to the state’s Judicial Branch website.

Mr Bolinsky told The Bee he has been directed by his counsel to not comment on the suit. Contacted via e-mail for a comment, Mr Walczak offered this statement:

“Mr Bolinsky has never approached the IPN for an endorsement, nor has he ever attended and IPN meeting. The IPN has never cross endorsed a candidate, and at this time believes that providing Newtown voters with choices is in everyone’s best interest. We are somewhat surprised and certainly flattered that Mr Bolinsky would attempt to get onto the ballot a second time under the Independent Party banner. His support of our principles and efforts is greatly appreciated.”

In the eyes of the state, the IPN is viewed as the local town committee for the State Central Committee of the Independent Party. But a faction of the Independents previously led by Mr Dietter and Mr Fand indicated that the IPN’s ideology was in conflict with the ideology of that statewide faction.