Killian has filed a lawsuit against the city of Middletown for withdrawing the names of endorsed Realistic Balance Party candidates from the ballot because the candidates did not attach signatures to their request for placement on the ballot. Devoto ran a primary against endorsed Democratic Town Committee candidates, and won, thereby achieving access to the ballot.
Friday, the City of Middletown began distributing absentee ballots without the Realistic Balance Party candidates. Despite an order of the Stamford Court, in which Westport was "hereby ordered to place the names of [minor party candidates]" on the ballot, and despite endorsement by the Connecticut Secretary of State that the Westport decision was a victory for ballot access, Middletown has taken a wait and see attitude about reintroducing names to the ballot.
- The Secretary of the State's endorsement of the Westport order: "Secretary Merrill Praises Judge's Ruling"
- The Norwalk Superior Court ruling on Westport ("Order of this court"), in full:
ORDERED that not withstanding Plaintiff's failure to comply with all the requirements of C.G.S. [illegible] pursuant to Conn. Gen. Stat. 9-328, Patricia Strauss, Town Clerk of the Town of Westport, is hereby ordered to place the names of David L.Lessing, Andra Vebell, and T. Alan Hodge on the November 5th 2013 municipal election ballot on the Save Westport Now party line, denoting them as Save Wesport Now candidates for the office of Westport Planning and Zoning Board Commission.