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“We have to determine if the voting statutes are outdated, if the rules are too vague, and what specifically needs to be done to correct these problems,” he said.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.”
