Anderson v. Ludgin
Anderson v. Ludgin
Dissenting Opinion
(dissenting). The Connecticut minority representation statute (§ 9-167a) applies by its own terms to "any board, commission, committee or similar body of the state or any political subdivision thereof, whether elective or appointive, except any such board, commission, committee or body whose members are elected on the basis of a geographical division of the state or such political subdivision . . . .” (Emphasis added.)
The meaning and intent of a statute is to be ascertained from the language itself. Schwab v. Zoning Board of Appeals, 154 Conn. 479, 482, 226 A.2d 506 (1967). This court has already held that “[t]he language of the statute [§ 9-167a] is clear and
The defendants, however, claim that § 9-167a embodies an unwritten distinction between administrative and legislative bodies. No such distinction is possible in view of this court’s precise statement as to the meaning of the statute. In State ex rel. Bennett v. Glynn, 154 Conn. 237, 241, 224 A.2d 711 (1966), this court stated that § 9-167a, but for two exceptions, applies to every municipal body, whether elective or appointive: the first exception being any public body the members of which are elected on the basis of a geographical division of a municipality; and the second permitting any general or special act to provide for a greater degree of minority representation than is provided by the statute. Neither of the exceptions applies to this case.
Public Acts 1957, No. 13, § 1, now General Statutes § 1-1 (m), provides in part that “the words ‘legislative body,’ as applied to . . . towns and cities, shall mean the board of aldermen, council or other body charged with the duty of making annual
Section 9-167a was responsive to the “overriding desire of the General Assembly to compel minority representation by limiting the number of members of any one political party on any municipal body.” (Emphasis added.) State ex rel. Bennett v. Glynn, supra, 242. “The obvious purpose of the statute is to prevent a situation wherein a simple majority of the voters of one party can elect all its candidates, leaving a substantial minority of voters without an effective voice in government.” State ex rel. Maisano v. Mitchell, supra, 264. “The legislature felt that it was important, on boards . . . with clearly ‘political’ duties, to have a significant minority voice ... to assure intelligent decision-making.” LoFrisco v. Schaffer, 341 F. Sup. 743, 750 (D. Conn. 1972), aff’d per curiam, 409 U.S. 972, 93 S. Ct. 313, 34 L. Ed. 2d 236 (1972).
Section 9-167a was designed to prevent the members of the majority party from excluding the members of the minority from participating in governmental decisions; therefore, a minority must
The trial court, nevertheless, concluded that § 9-167a violates the equal protection clauses of the state and federal constitutions “insofar as § 9-167a prevents a party member from being elected as an independent candidate.” The court indicated that the violation occurs because § 9-167a (g) treats a member of a party who appears on the ballot without party endorsement differently from a member of a party who appears on the ballot solely as a candidate of some other party.
Section 9-61 of the General Statutes provides: “If the name of any elector appears on the ballot label in an election only under a party designation other than that of the party with which he is enrolled . . . such name shall be removed from the enrollment list for a period of time beginning on the day of such election and ending at the termination of the term of
Even had Ludgin shown that the disaffiliation requirement unequally burdens candidates in his position, his equal protection claim lacks merit. The United States Supreme Court has ruled that necessary state-imposed burdens on the right of candidates to have a place on the ballot are justified by the compelling state interest in political stability. Moreover, that state interest outweighs the interest of the candidate in making a late rather than an early decision to such independent ballot status. Storer v. Brown, 415 U.S. 724, 736, 94 S. Ct. 1274, 39 L. Ed. 2d 714; see also Rosario v. Rockefeller, 410 U.S. 752, 93 S. Ct. 1245, 36 L. Ed. 2d 1; Dunn v. Blumstein, 405 U.S. 330, 348, 92 S. Ct. 995, 31 L. Ed. 2d 274; Williams v. Rhodes, 393 U.S. 23, 89 S. Ct. 5, 21 L. Ed. 2d 24.
In Storer, supra, 733, the Supreme Court found a state requirement that the independent candidate not have been affiliated with a political party for a year before the primary to be expressive of a general state policy aimed at maintaining the integrity of the various routes to the ballot and held that the requirement does not violate equal protection. “[The disaffiliation requirement for independent candidates] protects the direct primary process by refusing to recognize independent candidates who do not make early plans to leave a party and take the alternative course to the ballot. It works against
I would, therefore, find error on the constitutional issue.
Section 9-167a (g) provides that a party member who runs solely as the candidate of a party other than the one in which he is enrolled will be considered a member of the party under whose aegis he appears on the ballot. By contrast, a party member who appears in the ballot as a candidate without party designation is considered to be a member of his party, rather than an unaffiliated candidate, unless he withdraws from the party six months prior to his candidacy.
Opinion of the Court
The primary issues raised on this appeal are whether the minority representation statute, General Statutes § 9-167a,
The relevant facts are not in dispute: At the November 8, 1977 election, the voters of the city of
The parties, on appeal, have challenged the trial court’s conclusions as follows: The plaintiff has appealed from the court’s determination that the statute is unconstitutional. The city defendants have cross-appealed from the court’s conclusion that the statute applies to legislative bodies such as the Hartford city council. The defendant Ludgin has cross-appealed, claiming that the statute did not
"We first .consider whether § 9-167a applies to the election of members to the Hartford city council. In 1966, seven years after the passage of the statute,
The Montano court had no Connecticut cases on which to rely, and turned to the quoted sources to interpret § 9-167a. Our examination of the legislative history and of the practical construction given the statute must likewise guide our determination of the question of applicability.
Statutes are to be construed by considering “ ‘their legislative history, their language, their purpose, and the circumstances surrounding their enactment.’ Mack v. Saars, 150 Conn. 290, 294, 188 A.2d 863; Delinks v. McGowan, 148 Conn. 614, 618, 173 A.2d 488; Cassidy v. Tait, 140 Conn. 156, 160, 98 A.2d 808.” City Savings Bank v. Lawler, 163 Conn. 149, 157, 302 A.2d 252 (1972).
If the language of the statute is clear, it is assumed that the words themselves express the intent of the legislature; Houston v. Warden, 169 Conn. 247, 251, 363 A.2d 121 (1975); Hurlbut v. Lemelin, 155 Conn. 68, 73, 230 A.2d 36 (1967); and thus there is no need to construe the statute. Bell v. Planning & Zoning Commission, 173 Conn. 223, 226, 377 A.2d 299 (1977); Houston v. Warden, supra, 251; Hartford Hospital v. Hartford, 160 Conn. 370, 375-76, 279 A.2d 561 (1971). The language of § 9-167a
Furthermore, § 1-1 (m) of the General Statutes provides: “[T]he words ‘legislative body,’ as applied to unconsolidated towns, shall mean the town meeting; as applied to cities and consolidated towns and cities, shall mean the board of aldermen, council or other body charged with the duty of making annual appropriations; as applied to boroughs and consolidated towns and boroughs, shall mean the board of burgesses; as applied to all other districts and associations, shall mean the district committee or association committee or other body charged with the duty of making annual appropriations.” The statute was obviously available as a referent, if the legislature had meant to include bodies such as the Hartford city council in § 9-167a.
Where, as here, the language of a statute is not absolutely clear, its meaning can often be determined by referring to the legislative history of its enactment. “[WJhere the language used in the act makes uncertain . . . just what was in the legislative mind, the court should, among other things, look to the history of the act, the objective it was designed to meet, and the policy underlying it. State ex rel. McNamara v. Civil Service Commission, 128 Conn. 585, 588, 24 A.2d 846; Chambers v. Lowe, 117 Conn. 624, 626, 169 A. 912.” Wilson v. West Haven, 142 Conn. 646, 654, 116 A.2d 420 (1955).
Although the debate surrounding passage of a law may be an aid to statutory construction, the discussion that occurred when § 9-167a was enacted sheds no light on the legislature’s purpose; it is too brief and ambiguous to offer guidance.
It is significant, moreover, to note that, despite the invitation to do so left open by Montano, supra, and by the attorney general’s opinion, Connecticut’s minority representation law has not been amended to add any reference to “legislative bodies.” Although the legislature did in fact amend § 9-167a in both 1976 and 1977, it did not change the statute in that regard. Public Acts 1976, No. 76-173, and Public Acts 1977, No. 77-245.
Where the language is ambiguous and the legislative history is not enlightening, it is often very helpful in interpreting a law to look to the manner in which it has been applied. Indeed, courts should “accord great deference to the construction given the statute by the agency charged with its enforcement.” Corey v. Avco-Lycoming Division, 163 Conn. 309, 326, 307 A.2d 155 (1972) (Loiselle, J., concurring), cert. denied, 409 U.S. 1116, 93 S. Ct. 903, 34 L. Ed. 2d 699 (1973); Clark v. Town Council, 145 Conn. 476, 485, 144 A.2d 327 (1958). “[WJhere the
Section 9-167a has been interpreted consistently to exclude legislative bodies. The opinion issued by the attorney general in 1966, and relied upon by the Court of Appeals in Montano, supra, was in response to an inquiry by the secretary of the state concerning amendments to the town charter of Watertown. The attorney general concluded that “section 9-167a is limited in its application to executive boards, commissions, committees or similar bodies and is not intended to apply to legislative bodies.” Opinion of Attorney General, October 11, 1966. The 1966 opinion established the pattern of enforcement that is still in effect. Only last year the elections attorney for the secretary of the state, relying upon the reasoning in Montano, followed that pattern of enforcement by advising another candidate for the Hartford city council that § 9-167a was not applicable to municipal legislative bodies, and directed the candidate to “any applicable provisions of the Hartford City Charter, rather than of the state election laws.” Letter of Elections Attorney, November 4, 1977, p. 1.
Thus, since its passage, § 9-167a has never been applied to local legislative bodies. Since at least 1966, towns affected by the statute have had a clear and unchanged directive to apply it only to non-legislative bodies. The practical construction given § 9-167a has extended over a decade, and towns have come to rely upon this “ ‘high evidence of what the
Accordingly, we hold that § 9-167a is not applicable to local legislative bodies like the Hartford city council. It is consequently not necessary to reach the constitutional issues raised by the plaintiff in her appeal and by the defendant Ludgin in his cross appeal. See Ashwander v. Tennessee Valley Authority, 297 U.S. 288, 347, 56 S. Ct. 466, 80 L. Ed. 688 (1936) (Brandeis, J., concurring); Pi v. Delta, 175 Conn. 527, 534, 400 A.2d 709 (1978).
There is no error.
In this opinion Cotter, C. J., and Peters, J., concurred. Loiselle, J., concurred in the result.
“[General Statutes (as amended by Public Acts 1977, No. 77-245)] Sec. 9-167a. minority representation, (a) The maximum number of members of any board, commission, committee or similar body of the state or any political subdivision thereof, whether elective or appointive, except any such board, commission, committee or body whose members are elected on the basis of a geographical division of the state or such political subdivision, who may be members of the same political party shall be as specified in the following table:
COLUMN I COLUMN II
Total Membership Maximum from one Party
3 ...... ........... 2
4 ...... ........... 3
5 ...... ........... 4
6 ...... ........... 4
7 ...... ........... 5
8 ...... ........... 5
9 ...... ........... 6
More than 9 .......... ............ Two-thirds of total Membership
(b) Prior to any election for or appointment to any such body, the [town] MUNICIPAL clerk, in cases of elections, and the appointing authority, in cases of appointments, shall determine the maximum number of members of any political party who may be elected or appointed to such body at such election or appointment. Such maximum number shall be determined for each political party in the following manner: Prom the number of members of one political party who are members of such body at the time of the election or appointment, subtract the number of members of such political party whose terms expire prior to the commencement of the terms for which such election or appointment is being held or made and subtract the balance thus arrived at from the appropriate number specified in column II of subsection (a) of this section.
(e) In the ease of any election to any such body the winner or winners shall be determined as under existing law with the following exception: The [town] MUNICIPAL clerk shall prepare a list of the candidates ranked from top to bottom according to the number
(d) If an unexpired portion of a term is to be filled at the same time as a full term, the unexpired term shall be deemed to be filled before the full term for purposes of applying this section. At sueh time as the minority representation provisions of this section become applicable to any board, commission, committee or body, any vacancy thereafter occurring which is to be filled by appointment shall be filled by the appointment of a member of the same political party as that of the vacating member.
(e) Nothing in this section shall be construed to repeal, modify or prohibit enactment of any general or special act or charter which provides for a greater degree of minority representation than is provided by this section.
(f) Nothing in this section shall deprive any person who is a member of any such body on July 1, 1960, of the right to remain as a member until the expiration of his term.
(g) For the purposes of this section, a person shall be deemed to be a member of the political party on whose enrolment list his name appears on the date of his appointment to, or of his nomination as a candidate for election to, any office specified in subsection (a) of this section, provided any person who has applied for erasure or transfer of his name from an enrolment list shall be considered a member of the party from whose list he has so applied for erasure or transfer for a period of six months from the date of the filing of sueh application and provided further any person whose candidacy for election to an office is solely as the candidate of a party other than the party with which he is enrolled shall be deemed to be a member of the party of which he is such candidate.
“[General Statutes] Sec. 9-328. contest in election of municipal OFFICERS AND NOMINATION OF JUSTICES OF THE PEACE. Any person claiming to have been elected to any municipal office, or nominated at a primary to the office of justice of the peace, but not to have been declared so elected or nominated, or any candidate for any such office claiming to have been aggrieved by any ruling of the moderator at an election for any such office or a primary for justice of the peace, or any such candidate claiming that there has been a mistake in the count of votes east for any such office at any such election or primary, may, within ten days after the date of the election or primary, bring his complaint to any judge of the superior court, in which he shall set out the claimed errors of the moderator or the claimed errors in the count. Such judge shall forthwith order a hearing to be had upon such complaint, upon a day not more than five nor less than three days from the making of such order, and shall cause notice of not less than three nor more than five days to
The plaintiff and the defendant Ludgin have also claimed error in the court’s findings concerning the defendant Ludgin’s candidacy. The plaintiff has contended that the court erred in overruling her claim as to relevancy and admitting paragraph nine of the stipulation of the parties, that Ludgin’s candidacy was opposed by the Hartford Democratic party. The defendant Ludgin has challenged the court’s determination that he was a candidate of the Democratic party. Because of the manner in which we decide this appeal, it is not necessary to address these claims.
Public Acts 1959, No. 665.
In State ex rel. Bennett v. Glynn, 154 Conn. 237, 224 A.2d 711 (1966), this court found § 9-167a applicable to “appointive bodies, such as Hartford’s board of tax review.” Id., 242. (Emphasis added.) The court went out of its way to emphasize: “[W]e express no opinion” as to whether the statute applies to the elected members of the Hartford common council. Ibid. The clear language of Bennett simply does not support the assertion made in the dissenting opinion that Bennett held § 9-167a applicable to every municipal body. On the contrary, the Bennett court explicitly stated: “We find no suggestion of an intent in § 9-167a that, if minority representation cannot be achieved wider the terms of the statute as to an elective body in a particular mwwcipality, the General Assembly did not intend to have the statute apply to an appointive body in the same municipality. . . . [Section] 9-167a could apply to the board [of tax review] whether it did, or did not, apply to the cowicil.” Id., 242-43. (Emphasis added.)
Subsequently, in State ex rel. Maisano v. Mitchell, 155 Conn. 256, 231 A.2d 539 (1967), the issue before the court was “whether the
In spite of the unique situation presented in Montano v. Lee, 401 F.2d 214 (2d Cir. 1968), which involved a special at-large election ordered by the federal district court pending reapportionment of New Haven’s wards; id., 216-17; cf. Hoblitzelle v. Frechette, 156 Conn. 253, 264-65, 240 A.2d 864 (1968) ; the very issue we have before us actually was decided by the Second Circuit. And although we are not bound by a federal court’s interpretation of state law; Glenn v. Field Packing Co., 290 U.S. 177, 178, 54 S. Ct. 138, 78 L. Ed. 252 (1933); cf. England v. Medical Examiners, 375 U.S. 411, 424, 84 S. Ct. 461, 11 L. Ed. 2d 440 (1964) (Douglas, J., concurring) ; it should be accorded some weight. 20 Am. Jur. 2d, Courts, § 225 (1965).
LoFrisco v. Schaffer, 341 F. Sup. 743 (D. Conn. 1972), subsequently held that § 9-167a is constitutional as applied to elections for local boards of education. It is obvious that the federal district court which decided that case would consider itself bound by the previous Second Circuit holding in Montano that the statute was not applicable to elections for local legislative bodies.
See footnote 1, supra.
All the parties have sought to rely on other legislative events that are technically not part of an inquiry into legislative history. Public hearings have usually been held inadmissible for such purposes. Spring v. Constantino, 168 Conn. 563, 571-72 n.4, 362 A.2d 871 (1975); State ex rel. Pettigrew v. Thompson, 135 Conn. 228, 233, 63 A.2d 154 (1948). Nor do the legislative histories of subsequent nonrepeating acts, or of unpassed amendments, reveal the intent of the legislature that enacted § 9-167a. Mack v. Saars, 150 Conn. 290, 299-300, 188 A.2d 863 (1963). In this ease, moreover, we are not persuaded that such information is helpful in construing the law.
Public Acts 1959, No. 665.
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