Murphy and O’Dwyer Going for Broke
While Facebook and Twitter are alive with dozens of comments from known Democrats and others in Atlantic Highlands critical of their action, the petition filed by Councilman James T. Murphy and Ellen O’Dwyer to verify the November election for Mayor and Council member contains no fewer than 20 names of persons they fear could be illegally cast ballots.
“This matter is a pending litigation,” said both Murphy and O’Dwyer when contacted for comment. “As such, we do not have many comments to give.”
Both former candidates have also said they themselves, as well as “ other residents in the Borough are concerned that some of the votes may be inaccurate. We owe it to all the residents of Atlantic Highlands to explore this matter and seek the truth. Our efforts are simply to confirm the democratic process is being followed.”
Following the election and a December 12 recount requested by Murphy and O’Dwyer, who lost the mayoral and council seats respectively to Lori Hohenleitner and Alyson Forbes, the recount ordered by Superior Court Judge Kathleen A. Sheedy showed that Hohenleitner had five more votes than Murphy and Forbes had 12 more votes than O’Dwyer. Both victors were sworn in at reorganization Jan. 1 and have taken office as elected officials.
Murphy and O’Dwyer then contested the vote certification, charging that “illegal votes were received” and also “legal votes were improperly rejected.”
It is that allegation the two Republicans presented to the court for a court judgement in their favor, the next step after the recount and recheck ordered by the court.
In calling for judgment, both Murphy and O’Dwyer asked the court to either enter judgements revoking and invalidating the certificates of election for Hohenleitner and Forbes and enter judgements certifying Murphy and O’Dwyer for the positions.
In the alternative, the duo asked that a special election be ordered for the offices of mayor and one council seat and and other relief the court finds equitable and just.
No date has been set for that court decision.
Represented by Matthew C. Moench of the law firm of Kin Moench and Collins, LLP, the civil action specifically names at least 22 persons whom Murphy and O’Dwyer feel did not meet residency requirements and therefore should not have their votes counted in Atlantic Highlands. The names run from A to Z in the alphabet, and include several names with addresses both in Atlantic Highlands and in the same apartment complex in Brooklyn. In some cases, telephone numbers for the Atlantic Highlands address have been disconnected; in other cases, calls go to an answering device and have not been returned.
Among the 19 persons named in the legal action the Republicans feel do not meet residency requirements, addresses include persons whose addresses are given on Third Avenue, E. Mount Ave., Harbor View Drive, Bayside Drive and Cross avenue, among others.
In addition, there are three names cited in the legal action of persons the former candidates believe are not the signatures of the persons named based on their signatures on record. In these cases, the litigants are asking that the ballots be rejected because of the lack of comparison and the possibility the named voter did note fill out his or her own ballot.
Murphy and O’Dwyer are also questioning if at least one voter who cast a ballot for them did not have the ballot counted since the vote was a write-in rather than adjacent to the names printed on the ballot.
It is for their belief that some ballots have been accepted by non-residents, signature mismatches, and questions on the write-in votes that Murphy and O’Dwyer believe “the results of the election do not reflect the will of the voters” and therefore the results should be vacated.
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