Judge Orders Two Third-Party Candidates Back on Ballot

A Middletown Superior Court judge Monday ordered the town clerk to place two of the city's third-party candidates back on the November ballot.

Earlier this morning, Judge Julia Aurigemma ruled in favor of the motion by Realistic Balance candidates Stephen Smith, Stephen Devoto and John Kilian to intervene as plaintiffs. "She agreed our issues are the same as the plaintiffs and that if our rights are being adjudicated, we should be a party to the suit," said Smith, who's along with Devoto is running for the city's planning and zoning commission.

Kilian, who is running for mayor against Democrat Dan Drew, said he was pleased at the verdict.

Last week, Devoto and Smith petitioned the court to be admitted as part of Kilian's lawsuit, but were denied by Auriemma, who said each candidate had distinct issues.

Kilian was optimistic earlier in the day. "Getting [Stephen Devoto and Stephen Smith] admitted as plaintiff's is the big step. We've cleared that hurdle."

That means the Nov. 5 ballot will include Realistic Balance candidates Fred Carroll, Kilian, Devoto and Smith.

On Sept. 12, former Common Councilman, Republican David Bauer, declined the independent third-party's nomination.

In early September, the Connecticut Working Families party endorsed Pessina at its state committee caucus.

Last month, nearly all of the Realistic Balance candidates were removed from the November ballot due to a filing technicality. Town Clerk Linda Bettencourt said paperwork filed in her office did not meet the requirements of a 2011 state election law change.

Kilian applied for a writ of mandamus in Middletown Superior Court in mid-September, hoping the court would order Bettencourt to reinstate all his party's candidates.

The signatures of only mayoral candidate and party secretary Kilian and common council hopeful and Realistic Balance chair Fred Carroll were on the endorsement document submitted on Sept. 4.

A change to the requirement for petitioning party candidates in July 2011 requires that the signatures of minority party candidates appear on the document filed with the town clerk's office.

Earlier this month, a Stamford Superior Court judge's ruling ordered independent candidates in Westport to appear on the November ballot. 

On Oct. 7, according to the Hartford Courant, Judge Edward Domnarski reinstated 16 East Hampton Chatham Party candidates to that town's ballot after it petitioned the court to reverse the town clerk's decision.