I don’t usually post press releases in full but I will here. Political considerations aside, Dean never should have filed the action against Jepsen because doing so was clearly improper under Connecticut law.
Jepsen Press Release:
In a 24-page decision, Superior Court Judge Julia Aurigemma said that Martha Dean, Jepsen’s former Republican opponent, lacked a legal basis to challenge Jepsen’s right to be on the ballot as the endorsed candidate of the Democratic and Working Families parties. The doctrine of sovereign immunity also prevented her from suing the Secretary of the State, so the remedies she sought – declaring Jepsen ineligible, blocking the election or removing Jepsen’s name from the ballot – were not available.
“I am delighted the judge agreed with our position on virtually all aspects of the lawsuit,” Jepsen said. “I feel vindicated.”
“I have said all along that this lawsuit was frivolous, desperate and most of all political,” Jepsen said. “Connecticut voters agreed with me. I thank them for their support and the confidence they have shown in me. I won’t let them down.”
Jepsen’s lawyers, David S. Golub of Stamford and Francis J. Brady of Hartford, had said that under state election law, the courts do not have the jurisdiction to consider qualifications for office prior to election.
Aurigemma wrote: “This court agrees with the defendants that each political party is better suited to determine which candidate to endorse. If the voters ultimately elect a candidate that is statutorily unqualified to serve as attorney general, they such candidate’s right to hold office may be challenged after the election” under state law.
“This court concludes that at this juncture, absent any other authority, a challenge to any candidate’s qualifications must be adjudicated in a quo warranto action,” the judge wrote.
Unofficial results show Jepsen won Tuesday’s election with 53 percent of the vote to Dean’s 46 percent. Jepsen is scheduled to take office on Jan. 5, 2011