Eighty-five days after the Democratic primary, a Superior Court judge spent nearly all day today listening to lawyers battle over challenges to a race for a borough council seat in Roselle, where an incumbent is defending a two-vote victory over her challenger.
Superior Court Judge Thomas Deitch must decide if he’ll accept the recounted results, which put Denise Wilkerson ahead of Cynthia Johnson, 1,496 to 1,494. Initially, Wilkerson led by three votes, and Deitch refused to order a recount; an appellate court ruling saw it differently, and Johnson picked up one additional vote in a recount conducted four weeks ago.
Three days later, Johnson’s attorneys, Matt Moench and Alyssa Duffy Zara, filed a lawsuit challenging the results. They alleged errors at the New Jersey Motor Vehicle Commission resulted in the disenfranchisement of some Roselle voters, that five provisional ballots have not been counted, that the final tally includes more mail-in ballots than initially accounted for, vote totals include improper votes counted and missing ballots, and incorrect machine totals. They also claim a ballot was “improperly not counted despite clear voter intent.”
Deitch will await written closing arguments due on Friday before rendering his decision.
Union County Counsel Bruce Bergen informed Deitch that the county clerk is holding up the printing of Roselle vote-by-mail ballots pending the outcome of the court case, but noted that a decision is needed by September 11 – something that leaves no room for an appeal.
The primary election was June 10. There is no Republican nominee.
