grant new election
July 9 hearing may
grant new election
By jennifer kohlhepp
Staff Writer
North Brunswick Democratic candidate George Shamy is contesting the June 3 primary election that he lost by 24 votes.
Shamy filed a complaint with Superior Court Judge Yolanda Ciccone sitting in New Brunswick on Monday. In the complaint, he asks the court to annul any certificates of election and to direct a new election "if a sufficient number of votes was impermissibly cast so as to change the outcome of the election."
Attorneys for Womack and the Middlesex Board of Elections will attend a hearing before Ciccone on July 9 at 9 a.m. to show why the court should issue an order setting down an election contest.
Shamy is contesting the election on allegations of misconduct on the part of county poll workers, according to the complaint. The allegations include "allowing Republicans to vote as Democrats, requiring Democrats to vote as Republicans, directing undeclared voters who wished to declare at the polls to declare as Democrats, and allowing more Democratic votes to be cast than authorized."
Middlesex County Clerk Elaine Flynn said Wednesday it was possible that poll workers did not follow the rules on primary election day.
"Perhaps somebody didn’t follow the rules, but most of the people at the polls are very hardworking people at their jobs," Flynn said.
Shamy’s complaint cites 33 specific problematic votes in various voting districts. It also alleges that "numerous, unauthorized Democratic votes were recorded in the voting machine without any record of who voted," and that numerous unauthorized noncitizens of the United States and impersonators of previously registered voters were allowed to vote.
Ciccone approved Shamy’s request for a recount last month.
The complaint comes as a result of that recount during which Shamy reviewed registration books and authorization-to-vote slips at the Board of Elections offices in New Brunswick.
The official results of the recount, released by the Middlesex County Clerk’s office last week, matched the certified results of the primary with Reform Democratic candidate Francis "Mac" Womack besting Shamy 1,490-1,466.
‘Our elections are honest and fair," Flynn said. "We’re so reliable with our system that even when a council candidate lost a seat by two votes in last year’s election, they didn’t contest."
Womack, who did not express any concern over Shamy’s decision to file suit, said, "To have the election set aside, Mr. Shamy would have to prove widespread fraud or incompetence."
"It is a very difficult burden for George to bare these allegations that don’t have any basis in fact," Womack said.
Attorney Thomas Abode of North Brunswick will represent Shamy.
Womack said he is uncertain who will represent him.
"We’re going to try to be economical and have our attorney meet with the Board of Elections attorney to share information so they do not duplicate their work," Womack said.
Although Womack said he did not know who will pay for the additional costs that will accrue as a result of the lawsuit, he did say he did not intend to pay out of his own pocket.
Shamy said he will pay a $500 deposit to the court, a $230 filing fee and related attorney fees with money from his campaign fund and out of his own pocket.