Noticias

After months of slow-developing litigation, the New Jersey Supreme Court on Friday upheld a ruling that nullified the results of a council primary election in Roselle, meaning Cynthia Johnson will be the Democratic nominee for council.

Denise Wilkerson, the incumbent, defeated a primary challenge from Johnson by three votes. Superior Court Judge John Deitch denied Johnson’s request for a recount earlier this summer, but an appellate court overruled him. The recount brought Wilkerson’s margin down to two votes, but kept her in the lead.

Johnson continued the legal challenges. Last week, her attorneys presented three voters whom Deitch ruled were illegally disenfranchised. With those findings, Deitch nullified the election and ordered a redo of the primary. Late last week, Deitch determined he lacked the authority to order a new election so late in the process and changed his mind. Instead, he told Roselle Democrats they had until this past Sunday to select a candidate, which ended up being Johnson.

The appellate court upheld Deitch’s decision and, in a short order signed by Chief Justice Stuart Rabner, the Supreme Court affirmed the appellate division’s ruling and ordered the county clerk to begin distributing mail-in ballots. 

The Supreme Court set an expedited schedule for the case this week. 

State Senate President Nicholas Scutari said he will introduce legislation to clarify laws surrounding recounts and mistakes in the electoral process. He said election officials will have input in the bill, which he hopes will address conflicting court decisions and standards.

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A state appeals court on Thursday upheld a ruling that recall petitions are not required to be notarized. 

Robert Fisher, a 20-year-old school board member in Park Ridge, challenged the legality of a recall effort because petition signatures were not notarized. The appeals court affirmed Superior Court Judge Peter Geiger’s ruling that recall petitions can be submitted with a simple affidavit. 

“The purpose of the affidavit portion in the statute is to ensure to the best of the committee’s ability that the signatures are valid, true, accurate and comport with the intention of the statute,” the judges ruled. “Here, we conclude the clear language in the collector’s statement on each page of the petition meets the intention of the statute and provides an appropriate attestation to the truthfulness of the statement signed by the collectors.”

Judges Stanley Bergman and Kay Walcott-Henderson issued the ruling the day after motions were filed in the case.

Bergen County Clerk John Hogan initially tossed out the recall effort, saying the lack of a notary meant the signatures were invalid.

Fisher can resign by Friday afternoon to avoid the recall election. He can still appeal to the New Jersey Supreme Court.

Fisher, who attends Vanderbilt University, has faced allegations that he’s missed 30% of meetings this year, isn’t available to attend community events, and doesn’t serve on any school board committee. Fisher has said he’s spent thousands of dollars commuting back to New Jersey due to his public duties. His opponents accuse him of residency issues as well: His family moved out of Park Ridge after his high school graduation, and he rents a basement apartment in town for $10 per month.

Fisher has said the recall effort “reeked of lies and age discrimination.”

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As a “problem-plagued” Democratic primary threatens to delay the distribution of mail-in ballots in Roselle, the second-most powerful man in state government announced plans to introduce legislation to rectify electoral failures related to the case.

State Senate President Nicholas Scutari said the legislation will clarify laws surrounding recounts and mistakes in the electoral process. He said election officials will have input in the bill, which he hopes will address conflicting court decisions and standards.

A close finish in a council primary in Roselle led to months of slow-moving litigation, ultimately leading to the results being thrown out. Scutari, also chairs the Democratic Party in Union County, which encompasses Roselle.

“The confusion and conflicting decisions in the courts, the latest in Roselle, highlight the need for reforms to protect the integrity of the election process and prevent the disenfranchisement of voters,” Scutari said.

Denise Wilkerson, the incumbent, defeated a primary challenge from Cynthia Johnson by three votes. Superior Court Judge John Deitch denied Johnson’s request for a recount earlier this summer, but an appellate court overruled him. The recount brought Wilkerson’s margin down to two votes, but kept her in the lead.

Johnson continued the legal challenges. Last week, her attorneys presented three voters whom Deitch ruled were illegally disenfranchised. With those findings, Deitch nullified the election and ordered a redo of the primary. Late last week, Deitch determined he lacked the authority to order a new election so late in the process and changed his mind. Instead, he told Roselle Democrats they had until this past Sunday to select a candidate, which ended up being Johnson.

The New Jersey Supreme Court is now hearing the case under an expedited schedule. It’s unclear when the top court will decide, or if ballots for Roselle will be mailed with other municipalities. Mail-in voting for this November’s general election starts Saturday.

The Legislature is in recess for the time being; Scutari says he’ll introduce the legislation when the Senate reconvenes. The legislation will also handle any corrections needed due to the Motor Vehicle Commission’s handling of voter registration — he cited a Somerset County case of a woman whose voter registration changed without her knowledge after she sought a Real ID.

“We have to determine if the voting statutes are outdated, if the rules are too vague, and what specifically needs to be done to correct these problems,” he said. “There is no doubt that these failures have to be addressed to ensure that residents know elections are safe and every vote counts.”

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