In re Election for Atlantic Co. Freeholder District 3 2020 Gen. Election

Appellant appealed from a New Jersey Law Division order, which revoked her certificate of election for County Commissioner for the Third District in Atlantic County, declared a vacancy, and scheduled a special election for the position. The New Jersey Appellate Division affirmed and ruled that Appellant’s challenger met the burden of proof under N.J.S.A. 19:29-1(e) because ballots sent to numerous voters in the district were defective, rendering voters incapable of voting for County Commissioner. Because 328 voters were prevented from voting and that number exceeded Appellant’s 286-vote margin of victory, the challenger proved the missing votes were sufficient to change the result.

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