Superior Court Judge Noah Franzblau today dismissed a legal challenge in the Parsippany-Troy Hills mayoral election, ruling that former Mayor James R. Barberio failed to present factual evidence that supported allegations of voting irregularities and ordering him to pay the prevailing candidate’s legal fees.
“(Barberio) has not provided either a certification or affidavit from any voter asserting that they did not execute and cast their ballot,” Franzblau wrote in his ruling.
The decision paves the way for Democrat Pulkit Desai to become the new mayor of Morris County’s largest. Desai ousted Barberio by 80 votes in the November 4 general election.
Franzlau’s dismissal was with prejudice, which means Barberio cannot refile.
Barberio, the Republican incumbent, filed multiple actions after the election seeking a recount and recheck. Another judge, Stuart Minkowitz, had dismissed earlier petitions for procedural defects, including failure to demonstrate that the complaints were filed within statutory deadlines. Barberio later submitted a verified election contest alleging that illegal votes were counted, legal votes were rejected, and other irregularities occurred during the handling of mail-in, provisional, and in-person ballots.
Among the allegations were claims of signature mismatches involving 33 provisional ballots and 122 mail-in ballots, assertions that ballots were cast in the names of deceased voters, and arguments that ballots missing required inner envelopes should nonetheless have been counted.
Franzblau rejected those claims, finding that Barberio relied almost entirely on allegations made “upon information and belief” and failed to submit certifications or affidavits from any voters stating their ballots were improperly cast, rejected, or forged. At oral argument, Barberio’s attorneys acknowledged they had not obtained statements from any of the voters identified in the complaint denying they voted, the court noted.
He also ruled that election officials properly rejected mail-in ballots lacking inner envelopes, citing New Jersey statutes that require signature verification. Without them, the judge stated, boards of election are legally barred from counting the ballots.
Claims that undelivered sample ballots proved illegal voting were also dismissed. Franzblau determined that returned sample ballots can occur for many routine reasons, including voter relocation or postal issues, and do not establish fraud or misconduct. In several instances, voters who had been identified by Barberio did not vote at all.
Under New Jersey election law, courts may award attorneys’ fees when an election contest lacks evidentiary support. Desai’s attorney, Raj Parikh, must submit a fee application within ten days.
Desai is scheduled to take office on January 6, but he could opt to be sworn in earlier.
