Tuesday, February 7, 2012
The New Jersey Appellate Court has held that the litigation in last year's Republican primary permitted the incumbent to run in the general election for Morris County Freeholder was inproperly decided. An initial count had put the challenger ahead by 10 votes. A recount had him ahead by six votes.
A court action led to the incumbent being declared the primary winner.
The web page for Howes & Howes has this report on the decision of the Law Division:
During the course of the trial, there was evidence that Mr. Lyon failed to file certain campaign finance reports. Specifically, it was alleged that he failed to file the 48 hour report of expenditures that would have been required for him to disclose approximately sixteen thousand dollars worth of spending on a mail piece. It was further alleged that he filed the required report, that Ms. Nordstrom would have known about the mailer, and would have responded to the mailer. It was further alleged that the mailer was misleading and that the mailer had a direct impact on the outcome of the election.
The court held that since Mr. Lyon did not file the required disclosure, and that there was no defense for the failure to file, that the election was void.
The challenger, "Lyon for Conservative Freeholder," should have been certified as the primary winner. The court here thus removed the incumbent (who had won in the general election) and declared a vacancy in the position. (Mike Frisch)