By Anne White
In a decisive judgment issued on Tuesday, Stamford Superior Court ruled in favor of Fred DeCaro III, the Republican Registrar of Voters for the Town of Greenwich, in a lawsuit that sought to invalidate the results of the March Republican Town Committee (RTC) primaries in Districts 2 and 8.
The case, brought by plaintiffs Susan Schieffelin, George Hritz, Michael DeVita, and Gail Lauridsen, aimed to compel DeCaro to reject primary petitions they claimed were improperly circulated. The court’s decision followed a one-day-trial that included pre-trial briefs, three hours of direct and cross-examination of DeCaro, oral arguments, and post-trial briefs.
Schieffelin and Hritz, candidates for the RTC in District 2, and Lauridsen and DeVita, candidates for RTC in District 8, were endorsed for RTC seats on January 9, 2024. However, prior to January 31, petitions for a primary election contesting these endorsements were circulated by residents, including candidates Jill Kelly, Michael Erensen, Janet Freiheit, and Caren St. Phillip.
The plaintiffs argued that these petitions violated Connecticut General Statute9-410(c), which prohibits candidates from circulating petitions for other candidates. Despite these allegations, DeCaro maintained that neither he nor the Town Clerk had the authority to stop a primary.
On March 5, 2024, the primary was held, resulting in Schieffelin and Hritz losing their seats on the RTC, while Lauridsen and DeVita retained theirs. The close results were confirmed by a re-canvass.
In his June 4 decision, Judge Robert Genuario dismissed the claims of DeVita and Lauridsen, stating that they retained their seats regardless of the court’s decision due to their primary victory. The court ruled infavor of DeCaro, concluding that he correctly accepted the petitions.
“Reading the statute as a whole and giving the words their usual and normal meaning while applying fundamental principles of statutory construction, the court must disagree with the plaintiffs,” Judge Genuario wrote. He added, “the defendant was correct to accept the petitions and not to reject them.”
Following the ruling, DeCaro issued a statement expressing his satisfaction with the court’s decision: “Yesterday the Stamford Superior Court completely vindicated Greenwich’s Registrars of Voters. The plaintiffs had demanded that I reject multiple petitions filed in connection with Greenwich’s Republican Town Committee primaries. The court’s decision makes clear that the plaintiffs misinterpreted Connecticut General Statutes. Procedures followed in Greenwich were found to comply with Connecticut law.”
DeCaro further criticized the plaintiffs for spreading false information: “Together, we need to reject false claims and stop tearing down the process by which we choose our leaders. This disturbing trend, which is in no way democratic, patriotic, or accurate, must stop.” In response, Hritz and Schieffelin issued a statement expressing their disagreement with the court’s interpretation of the statute: “We believe, respectfully, that the trial court misinterpreted the language of the statute and added additional perspective that is in conflict with the statute’s intent. The election law is designed to preclude a single candidate from overturning the results of a caucus election. The law is clear on its face yet the trial court found an alternative interpretation that we believe is incorrect. We are exploring our options regarding next steps.”
Jill Kelly, a candidate in District 2 who was involved in circulating the petitions, also commented: “I would like to thank Fred DeCaro for his time and professionalism in dealing with this situation, which unnecessarily cost Greenwich thousands of dollars. The trial outcome was a win for good people who work hard to do what is best for Greenwich Republicans and Greenwich. Integrity matters.”
