New London - Green Party mayoral candidate Frida Berrigan filed a lawsuit Monday against the Secretary of the State’s Office challenging a decision to bar her name from the election ballot.

A missing piece of paperwork is the focus of the case – a statement of endorsement proving Berrigan was nominated by her fellow Greens.

The chairwoman of the New London Green Party claims she mailed the letter. The Secretary of the State’s Office said it was never received.

Berrigan has enlisted former New London Mayor Daryl Finizio to represent her in what is expected to be an accelerated hearing schedule in New London Superior Court. The suit was filed on Monday and a date had not yet been set.

“It is our legal position that Frida Berrigan, and the officers of the New London Green Party, did everything that was legally required of them, to have her name appear on the general election ballot as the Green Party’s mayoral nominee,” Finizio said in a statement.

“The fact that one piece of paperwork may have been misplaced in the Secretary of the State’s Office, should not stop a duly nominated candidate’s name from appearing on the ballot.” Finizio said.

As a Green Party member, Berrigan had to collect 33 signatures for her nominating petition to be “certified sufficient.” The state acknowledged the certification in a letter to Berrigan dated July 17. The missing piece of paperwork acknowledges that she is the choice of the Green Party to run for office.

Gabe Rosenberg, a spokesman with the Secretary of the State’s Office, has said that there is no leeway in state statute for the office to add her to the ballot once the Sept. 4 deadline had passed.

“We don’t have discretion in these matters, so there’s nothing we could have done differently,” Rosenberg said Monday.

Rosenberg declined comment on the pending suit.

“While understanding that the Secretary of the State’s Office may be bound by the rigors of the relevant statutory law to act as they did in disqualifying Frida Berrigan’s ballot nomination, the secretary is under no such obligation to automatically defend this action in court,” Finizio said in the statement.

Finizio said his hope was for the Secretary of the State’s Office to “exercise their authority and discretion to not contest this pleading.”

Berrigan was officially notified that her placement on the ballot was “disapproved,” in a letter dated Sept. 16 from the Secretary of the State Office’s Legislation and Elections Administration Division. She had initially announced her intention to remain in the race as a write-in candidate.

“While this case is heard by the courts, we will continue without interruption to take our positive message to all the people of our city,” said Kris Wraight, Berrigan’s campaign manager, in a statement.

“We are hopeful for a ruling in our favor, but no matter how the court decides, we will continue to engage with community members to learn about their struggles and develop solutions that will improve their quality of life.”

Berrigan is challenging incumbent Democratic Mayor Michael Passero and Republican Marty Olsen.

g.smith@theday.com