Judge might force six voters to reveal votes in razor-tight Atlantic Highlands mayor race
Six ballots from November’s razor-thin Atlantic Highlands mayoral election were ruled illegal by a judge Wednesday, adding a new twist to the legal saga that has engulfed the office and, by proxy, the borough.
After examining candidate challenges of 15 ballots that were cast in an election that was decided by five votes, Monmouth County Superior Court Judge Mara Zazzali-Hogan ruled that, based on their residences, the ballots of Lindsay Helmus, Michael Lucas, Derek Lucas, Michelle Moon, Steven Johnson and Abigail Hofman were improperly accepted.
The ruling does not, however, change the outcome of the election, because three of the aforementioned ballots had been challenged by Democrat Lori Hohenleitner, who was declared the winner of the race, and three of the aforementioned ballots had been challenged by Republican James Murphy.
Zazzali-Hogan convened a case management conference for 10:30 a.m. Monday to determine the next step. One possibility, if Murphy requests, is a hearing during which Zazzali-Hogan could compel the six disqualified balloters to reveal who they voted for as a way of sorting out the true final tally.
You can read the judge's full decision at the bottom of this story.
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After election night, Murphy requested a recount that certified Hohenleitner winning by a count of 847 to 842. In his lawsuit, he contends that “illegal votes were received and that legal votes were improperly rejected.”
The lawsuit asks that the election results “should be vacated” and Murphy declared the winner. It also proposes “in the alternative, ordering a special election for the office of mayor.”
As a result of Murphy’s lawsuit, roughly three dozen voters were subpoenaed to testify about their residences, with names being added to and removed from the list over a period of weeks. Of the six disqualified ballots, four were cast in person via machine and two were cast by mail.
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Hohenleitner was sworn into office in early January.
“I was hoping there would be some closure and we could move on, but I respect the process and I respect that the judge has been this meticulous. She clearly put a lot of thought into her opinion,” Hohenleitner told the Asbury Park Press Wednesday. “Hopefully we’re one step closer to this being over and being able to get work done in Atlantic Highlands. We’ve been trying to do that throughout all this, but to have the stress of this out of the equation would be really nice.”
Murphy, who remains a member of the borough council, has not responded to repeated requests for comment.
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Jerry Carino is community columnist for the Asbury Park Press, focusing on the Jersey Shore’s interesting people, inspiring stories and pressing issues. Contact him at jcarino@gannettnj.com.
This article originally appeared on Asbury Park Press: Atlantic Highlands mayor race: Six voters might have to reveal votes
