Update from Closter

by: Thurman Hart

Wed Dec 03, 2008 at 12:27:14 PM EST

A few days ago, Jason Springer wrote about the recount suit in Closter. A commenter asked if Springer thought the recount should have been filed before the count was final (which was not Springer's point) - and we now have an answer:

Democrats on Tuesday lost a second court battle in their effort to chip away at the GOP-ruled Borough Council.
State Superior Court Judge Estela De La Cruz on Tuesday rejected the party's latest effort to get a recount in the Closter Council race, which Democratic candidate Leonard Asch lost by three votes.
De La Cruz ruled that the Democrats failed to file an appeal within 15 days of Election Day.
"Simply stated, petitioner had the ability, opportunity and legal resources to accomplish statutory compliance but did not do so," she wrote in her latest denial.
The ruling reaffirms her Nov. 21 denial of an earlier recount request.

If I had been running the campaign, I'd have filed for a recount the moment the results were final. Rule of thumb: If you can count the margin on one hand; recount.

Thurman Hart :: Update from Closter

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Update from Closter | 5 comments

I do see the problem though (4.00 / 2)

Obviously the guy who is ahead, even if by only one vote, doesn't want to file for a recount that could make him lose. (In football, this is like throwing a pass when you have the lead and there is only 30 seconds left in the game.)

But perhaps since the counting is not final, the person behind (our Democrat) might believe he'll be ahead, so he doesn't want to file either.

There should be a mandatory recount for close elections, as in other states, though not doubt no one wants to pay for it.

Frank LoBiondo Record and Jon Runyan Watch

by: Hopeful @ Wed Dec 03, 2008 at 17:45:00 PM UTC

by: you @ soon

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I agree (4.00 / 1)

a mandatory recount is a good idea. But I also think the campaign, as the returns come in and are very close, should have the paperwork ready to go.

by: Thurman Hart @ Wed Dec 03, 2008 at 20:01:41 PM UTC

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by: you @ soon

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Deadline is clear on the website (0.00 / 0)

November 19
Recount Applications to Judge of Superior Court
(Within 15 days after election)
Applications for recount of votes cast for a candidate at the general election shall be made on or before this date.
N.J.S.A. 19:28-1

http://www.njvoterinfo.org/200...

So the election was certified on the 13th, and candidates had until the 19th to contest.

Check out my 3 paragraph primer on Polywell Fusion.

by: FogerRox @ Thu Dec 04, 2008 at 03:46:20 AM UTC

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NJ Law leaves only 4 business days (0.00 / 0)

The election was certified on the 13th, and candidates had until the 19th to contest. So on this years calendar one would have 4 business days to file or fore ever hold your peace.

http://www.njvoterinfo.org/200...

Check out my 3 paragraph primer on Polywell Fusion.

by: FogerRox @ Thu Dec 04, 2008 at 03:52:08 AM UTC

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They had over a week to file (0.00 / 0)

While the election was not certified until Nov. 13, they already knew they did not win on Nov. 10 after the provisional ballots were counted. They had plenty of time to file for the recount on time.

by: adam @ Thu Dec 04, 2008 at 17:34:53 PM UTC

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