In re Fernandez

The New Jersey Appellate Division heard an appeal from an order of the Law Division denying a political candidate’s request for a recount. The Appellate Division ruled that “to secure a recount pursuant to N.J.S.A. 19:28-1, a candidate must present sufficient competent, credible evidence showing there is reason to believe an error was made in the tabulation of the votes. The court then must determine whether the claimed error warrants a recount. In making that decision, the court must consider whether the claimed error has the capacity to affect the outcome of the election.” The Appellate Division found that the results of an audit and initial recount established there was reason to believe an error had been made in the tabulation of the overvotes and undervotes. And the error could affect the outcome of the contest. As a result, the Court reversed and remanded for a recount.

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