Anderson v. Ludgin

400 A.2d 712, 175 Conn. 545, 1978 Conn. LEXIS 1045
Supreme Court of Connecticut·Decided August 1, 1978·Published·Cited by 107 cases

Opinions

[546]*546Speziale, J.

The primary issues raised on this appeal are whether the minority representation statute, General Statutes § 9-167a,1 applies to local legislative bodies such as the Hartford city council, and, if so, whether the statute, as applied, is unconstitutional.

The relevant facts are not in dispute: At the November 8, 1977 election, the voters of the city of [547]*547Hartford elected, on an at-large basis, all nine members of the city conneil. The plaintiff, Jacqueline J. Anderson, an enrolled Republican, appeared on the ballot as a nominee of the Republican party for the position of member of the council. The defendant Robert F. Ludgin, an enrolled Democrat, appeared on the ballot as a petitioning candidate running without party designation for the position of member of the council.

[548]*548The six nominees of the Democratic party, all enrolled members of that party, received the six highest vote totals at the election. The two candidates who received the seventh and eighth greatest number of votes were enrolled members and nominees of the Republican party. The defendant Ludgin received the ninth greatest number, and the plaintiff received the tenth greatest number. The defendants George A. Athanson, mayor of the city of Hartford, Robert J. Gallivan, city and town clerk of the city of Hartford, and John T. "Walsh, director of finance of the city of Hartford, acting collectively in their capacity as board of canvassers of the city of Hartford, and Salvatore Bramante, head moderator of the city of Hartford for the election, hereinafter city defendants, declared and certified the nine candidates with the greatest number of votes, including the defendant Ludgin, to have been elected to the city council. The city defendants did not declare and certify the plaintiff to have been so elected. The plaintiff thereupon filed a petition in the Superior Court to compel the city defendants to declare and certify her election, pursuant to General Statutes § 9-328.2

[549]*549The trial court concluded that § 9-167a was applicable to legislative bodies such as the council, but that it was unconstitutional as applied to the defendant Ludgin. Accordingly, the plaintiff’s petition was dismissed.

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 [550]*550apply to him or, if it did, that it violated the constitutional rights to equal protection of the law and to freedom of speech and association.3

"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,4 the attorney general issued an opinion stating that § 9-167a was not applicable to legislative bodies. Opinion of Attorney General, October 11,1966. But the issue has never been decided by this court. Connecticut cases that have analyzed § 9-167a have not decided whether the statute applies to municipal legislative bodies elected on a partisan, at-large basis, and they are therefore of limited value.5 In [551]*551Montano v. Lee, 401 F.2d 214 (2d Cir. 1968), however, that precise question was met.6 In deciding that § 9-167a did not apply to legislative bodies, the Court of Appeals for the second circuit reasoned: “The Minority Representation Statute, by its terms, only applies to a ‘board, commission, committee or similar body of the state.’ Neither the word ‘board’ nor the word ‘commission’ nor the word ‘committee’ is one ordinarily used to refer to a body with general legislative powers. In view of the many cities in Connecticut whose legislative bodies are called ‘councils,’ the legislature would have used that word if it meant to have such bodies covered. ... [I]f the legislature had intended to take the radical step of making the Minority Representation Statute applicable to all legislative bodies ... it would have passed a specific enactment to that effect [552]*552rather than relying on a tortuous construction of § 9-167a. ... In addition, we find support in the fact that . . . the Attorney General of the State of Connecticut, whose opinion is entitled to weight, has concluded that § 9-167a ‘is not intended to apply to legislative bodies.’ (Opinion dated October 11, 1966).” Id., 217-18.

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 § 9-167a7 appears to be clear on its face, but when considered in light of the differing vocabulary used by the state’s 169 municipalities for their [553]*553local legislative bodies, it is ambiguous. For example, many localities use the word “council” to designate tbeir legislative bodies. The phrase “board, commission, committee or similar body” might be interpreted to include a council if we were to read it expansively. But “[c]ourts cannot, by construction, read into statutes provisions which are not clearly stated. Robinson v. Guman, 163 Conn. 439, 444, 311 A.2d 57; United Aircraft Corporation v. Fusari, 163 Conn. 401, 415, 311 A.2d 65.” Houston v. Warden, supra, 251. International Business Machines Corporation v. Brown, 167 Conn. 123, 134, 355 A.2d 236 (1974). Although the phrase “similar body” may be read to allow for some variation; see Proctor v. Sachner, 143 Conn. 9, 14, 118 A.2d 621

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Anderson v. Ludgin, 400 A.2d 712, 175 Conn. 545, 1978 Conn. LEXIS 1045 (Colo. 1978).

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