close
close

Judges were informed in advance by election officials of expected challenges

Three Superior Court judges assigned to hear Election Day challenges in Monmouth County met with a senior election official two weeks before the May 15 nonpartisan municipal election to discuss allegations of fraudulent voter registration in Allenhurst, Deal and Loch Arbour.

The justices – Linda Grasso Jones, Owen McCarthy and Kathleen Sheedy – received a confidential briefing from Elections Supervisor Christopher Siciliano, who told them of allegations that out-of-town residents with summer homes in upscale Jersey Shore communities had led to a surge in voter registrations, according to people familiar with the meeting who spoke on condition of anonymity.

Meanwhile, the local elections have become the subject of a criminal investigation by the Monmouth County District Attorney's Office and a lawsuit has been filed challenging the validity of the Loch Arbour election results.

The influx of new voters arriving just in time to influence the outcome of the local elections caught the attention of election officials. Over 80 new voters were tagged, many sent a questionnaire about their residence, and about 40 were placed on an objection list for election day.

In light of the challenges, Siciliano gave the judges tips on establishing proof of residency while conducting his own investigation in parallel.

A spokesman for the judiciary, Pete McAleer, confirmed that these meetings had taken place, but said they were more about the process than about specific content.

“There was a meeting with the election commissioner to discuss procedures and logistics for election day and to ensure that an adequate number of judges and staff are available.”

Of the twelve voters who appeared before the judges to cast their vote in person, nine were denied the right to do so.

Siciliano and Assistant Attorney General Susan Scott, who heads the attorney general's elections division, joined the justices in a court-sponsored Law Day symposium where McCarthy and Sheedy discussed “interactive case examples … based on a challenge to an individual's right to vote” with students in attendance.

Still, the judges likely knew that county election officials would be involved in any voter challenge on Election Day. A press release from the Justice Department the week before the primary said the Monmouth County Board of Elections would have voters appear in court if there was a problem with their registration. The Attorney General's office is representing the superintendent and the Board of Elections; voter representatives are not in the room.

Citing ongoing harassment against him and his family by local residents, former Loch Arbour Mayor Paul Fernicola announced his withdrawal from the race two weeks before Election Day, despite facing no opposition for re-election to the Board of Supervisors.

The third seat was won by write-in candidate Saul Tawil, who defeated Fernicola 104 to 69.

A group of seventeen voters from Loch Arbour are seeking to overturn the election after filing a lawsuit alleging that more than eighty illegal non-resident voters were elected. The lawsuit also alleges that Tawil, who is now mayor, failed to meet the one-year residency requirement for public office.

The judge hearing the case is Grasso Jones, but it is unclear whether prosecutors will seek to question her about the conversations at the private meeting with Siciliano.

At a conference with attorneys today, which Grasso Jones said was formal, the judge set a tight schedule for briefing and responses, with a hearing scheduled for July 10.

Scott Salmon, the election lawyer who filed the lawsuit, pointed to “meetings in Brooklyn for voter registration.” But his opponent, Raj Parikh, said the “superintendent went beyond what is normally part of the process” to confirm voter registrations.

“It could have a chilling effect on voters,” Parikh said.

Anna Harden

Learn More →

Leave a Reply

Your email address will not be published. Required fields are marked *