BREAKING NEWS: COURT TO RULE ON RUNOFF ELECTION
SUPERIOR COURT JUDGE ORDERS STAY ON MOUNT HOLLY ELECTION RESULTS
Burlington County residents will remember 2024 as one of the worst election-process years ever. Some of you may have experienced an hours-long wait to cast your ballot. It was so bad that the Burlington County Commissioners issued a statement of intent to “identify the causes of the excessive wait times and improvements to ensure that the situation is not repeated”.
https://www.co.burlington.nj.us/CivicAlerts.aspx?AID=2343
IT STARTED WITH MOUNT HOLLY BALLOT PROBLEMS
The election day difficulties were foreshadowed in Mount Holly by a series of legal issues regarding the ballot. First came a notification by the Township Clerk Sherry Marnell that the ballot slogan of the Carty/Fajgier/Swinson slate was no longer valid and that their legal association on the ballot would be dissolved unless they filed a new slogan within hours. To reverse the Clerk’s decision, those candidates had to submit a Verified Complaint to Superior Court. Superior Court Judge John F. Harrington ordered that the Carty/Fajgier/Swinson team could use their slogan as previously submitted to the Clerk and that the ballot must represent them as a slate. The order stated that
But unfortunately, that ruling did not end our difficult election season. The court has once again been called upon to sort out an election controversy in the 2024 Mount Holly Town Council race. Due to the large number of candidates running in this election, no candidate slate was able to garner more than 50 percent of the vote.
After the election, candidate Sayke Reilley contacted Township Clerk Sherry Marnell and inquired about a run-off election. Marnell and Town Solicitor Tom Coleman refused to schedule one, saying:
“Please note that while Ms. Marnell and I both appreciate your request for a run-off election between the top six (6) remaining candidates, the Township will not schedule or undertake a special run-off election as per your request.”
The refusal to schedule a run-off election left Reilley with a choice of either accepting a decision that he believed to be illegal or calling on the Superior Court to reverse it. His Verified Complaint to the Superior Court alleged that “Defendant Sherry Marnell, in her official capacity as the Clerk of the Township of Mount Holly, violated N.J.S.A. 40:45-19 by her refusal to conduct a run-off election following the November 5, 2024 election for Township Council”. [N.J.S.A. is “New Jersey Statutes Annotated”]
By order dated November 22, 2024, Superior Court Judge John F. Harrington called upon Mount Holly Township to submit, by November 25, a Defendants’ brief in opposition to Reilley’s Verified Complaint.
SUMMARY OF THE ELECTION LAW DEBATE
There is a legitimate controversy being argued that hinges on a series of legal issues and interpretation of a number of facts.
First, we will review the facts which are not in dispute. The November Council election featured three slates of candidates. Usually, there are two slates. The final election results were divided between these three slates and none of the slates acquired a 50% plus 1 vote majority. The incumbent team of Brown/Banks/DiFolco had an aggregate vote total of 43 percent of the 9,741 votes cast.
Next, we will review the legal interpretations of facts. Mr. Reilley’s Verified Complaint in Superior Court stated that “the candidate who received the greatest number of votes only received 1,440 votes, which is nearly 200 votes below the 1,624 votes needed to reach the required majority.”
The Township Solicitor Tom Coleman objected to the need for a run-off, reasoning as follows:
“N.J.S.A. 40:45-18 discusses the procedure for run-off elections. The title of N.J.S.A. 40:45-18 is ‘Municipalities with run-off elections.’ The title of this section suggests that run-off elections only apply to municipalities which have opted for run-off elections. Further, N.J.S.A. 40:45-18 itself states, ‘if the voters any municipality shall adopt the propositions of holding run-off elections in the municipality …’ (emphasis added). As the plain language of the statute makes clear, this provision only applies if the voters have adopted a provision to hold run-off elections.”
The Verified Complaint argued that N.J.S.A. 40:45 states “if a sufficient number of candidates do not receive a majority of the votes cast to elect the required number of councilmen-at-large a run-off election shall be held on the fourth Tuesday next following that municipal election”(December 3, 2024).
PREVIOUS RUN-OFF ELECTIONS IN MOUNT HOLLY
The Verified Complaint stated that the law requires townships must either “affirmatively adopt or affirmatively abandon run-off elections through referendum” depending on the Township’s election policy immediately prior to the effective date of the Act. It goes on to say that the Township has provided for run-off elections for decades. “In 1982, the Township conducted a run-off election for Township Council positions after an insufficient number of candidates received the required votes to fill all open roles on Township Council… Since 1982, Mount Holly has not put forward the question to voters whether Mount Holly should cease conducting run-off elections. Accordingly, the Township has not affirmatively opted-out of its obligation to perform run-off elections.”
The Township, through its Solicitor, countered that “in at least one election since 1982, no candidate received a majority of the votes cast and no run-off election was conducted in that election. Specifically, in 2010, there were 2,243 votes cast for Mount Holly council. See, Burlington County Official Results, May 11, 2010, Exhibit D. Accordingly, if Mount Holly employed run-off elections, the threshold necessary for a majority was at least 561 votes. No candidate received that many votes and no run election was held.”
The Township’s point is significant and Judge Harrington will weigh it in his decision this coming Wednesday. But it is worth noting that a failure of Mount Holly to hold a 2010 run-off cannot be strictly attributed to adherence to law. It is just as likely that the lack of a 2010 run-off was attributable to a lack of awareness by the involved candidates that the outcome could be challenged.
FLAWS IN ELECTION LAW
With regard to the run-off controversy, The New Jersey Globe has an excellent article regarding the inability of government to comply with its own run-off law deadlines.
https://newjerseyglobe.com/local/mount-holly-runoff-question-exposes-flaws-in-n-j-election-laws
We disagree with the New Jersey Globe in terms of the possible remedies for the technical problems associated with run-offs and conflicting election deadlines. If Ranked Choice Voting were established in Mount Holly the 2024 election would be history. Check this link for info about Ranked Choice Voting
https://en.wikipedia.org/wiki/Ranked_voting
And before we leave this section, there are questions that seems worth pondering about the Globe’s position that Governor Murphy may be called upon to appoint temporary Council members by January 1, 2025. Based on the latest order issued by Judge Harrington [below], it seems he has the authority to stop the County Clerk from certifying election results at the appointed time. That being the case, is it possible he might also have the authority to temporarily extend the terms of the sitting Council beyond January 1, 2025? Could he issue an Order that keeps the current council in place until a run off decides the winners of the 2024 race? What law specifically precludes this outcome?
2024 RESULTS STAYED
In light of the ongoing legal arguments about the outcome of the Mount Holly Council election, Judge Harrington today ruled that the county may not certify the election results.
IT IS on this 25th day of November, 2024, ORDERED THAT:
Joanne Schwartz, in her official capacity as the Clerk of the County of Burlington, shall stay the signing of the Statement of Election results as it pertains to the November 5, 2024 Mount Holly Town Council election;
HEARING SCHEDULED FOR NOVEMBER 27, 2024
A hearing will decide this matter on Wednesday, November 27th. The Mount Holly Reporter will have an update at that time.