By David Kilby, Staff Writer
MONROE — Superior Court of New Jersey in New Brunswick has decided the burden of proof is on the plaintiffs in the lawsuit involving the Monroe Fire District 3 elections.
Patrick Hye and Michael Konowicz, residents of Fire District 3 and former candidates in the district elections Feb. 19, filed a lawsuit against their fire district after they claim they discovered there may have been unconstitutional practices committed leading up to and during the elections.
The lawsuit claims the district provided misleading information regarding polling places, denied voters entry to certain polling areas, didn’t provide proper ballots for the election and disqualified many votes.
Leonard & Major LLC in Jamesburg filed the case, and the Superior Court of New Jersey agreed to hear it.
At Superior Court Monday, after reviewing the case with Matthew Major, of Leonard & Major LLC, Judge Heidi Currier told the plaintiffs they need to consider the expenses of going forward with the case, said Robert Schwartz, attorney for Fire District 3.
If Leonard & Major decides it will go forward with the case, there will be a conference call today (Friday) between Mr. Schwartz and the judge, Mr. Schwartz said.
”If the case is not dismissed, the burden of proof shall be on Mr. Hye and Mr. Konowicz that, whatever errors occurred, if any, were such that they altered the election results, “ Mr. Schwartz said. “I’m saying they can’t meet that burden.”
Leonard & Major could not be reached between Monday and press time, but officials did say at a press conference about a month ago they’re not contesting the election results as much as the manner in which the elections were conducted.
According to District 3 election results, Doug Martin won re-election with 314 votes. Commissioner Joseph Haff also won with 255. Robert McCloskey received 193 votes, Mr. Konowicz, 193, and Mr. Hye, 151.
According to the lawsuit, Mr. Martin won the election with 283 votes, and Mr. Haff won with 224. Mr. McCloskey received 222 votes, Mr. Konowicz received 185, and Mr. Hye received 143.
At the same press conference about a month ago, Mr. Major said these were the results before absentee ballots were counted, but the lawsuit also alleges several disqualified votes could have changed the election results.
A total of 49 votes were disqualified, according to the lawsuit.
Commissioner Martin also has talked about the lack of clarity in the voting list for the district.
”As far as the voters list being inaccurate, I want to get that fixed, too,” Commissioner Martin said. “We don’t need a lawsuit for that.”
That’s because Monroe Township is putting the finishing touches on a fire district redistricting study. Wayne Hamilton, business administrator, said the results of the study will be available to the public today.

