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.
