Nordstrom Gets to Examine Primary Race Votes

Superior Court Judge Thomas Weisenbeck Friday granted Morris County Freeholder Margaret Nordstrom access to the voting materials from the June 7 Republican primary election.

The decision gives Nordstrom of Washington Township the opportunity to see if she can find enough votes to overtake challenger William “Hank” Lyon of Montville, who holds a 6-vote lead for the party’s nomination for a 3-year term in the most recent counts.

The judge’s order gives Nordstrom access to all voting machines, voting authorizations, mail-in ballots, mail-in ballot applications, inner and outer flaps, rejected ballots, registration books, emergency ballots, provisional ballots, affirmations and envelopes, voting authorizations and all other election voting materials, beginning Tuesday. She has until July 22 to complete a review, and the judge set a case management conference for 1:30 pm. July 25 to examine the details of the review.

The contest is based on Nordstrom’s contention that a “sufficient number of voters were disenfranchised” because they were prepared to vote “but were denied through no fault of  their own.” Her petition said the candidate believes there will be found enough contested ballots to allow her to overcome the six-vote deficit and be declared her party‘s nominee for the November general election. The winner of the Republican primary will face Democrat Truscha Quatrone in the fall.

Further, the petition said, a letter from Morris County Superintendent of Elections from Dale Kramer said that there are seven “illegally cast”  ballots in the mail-in, or absentee ballots, and the provisional ballots from Parsippany.

The state’s Attorney General's office is examining the election and the seven double votes to determine if fraud was committed.

Nordstrom is a 12-year member of the freeholder board. Lyon of Montville is a first-time candidate.

At the end of a recount of provisional and mail-in ballots, Lyon had received 12,270 votes and Nordstrom 12,264.

Lyon claimed in motions with the court that only four of the double votes were Republican votes, and if  he was not credited with those votes, he would still be ahead  by two votes.

Alan Zakin, Nordstrom’s campaign manager and campaign attorney, in his petition stated that Nordstrom could not determine if she had received the majority of the votes unless the election materials were examined, which could not be done unless Lyon agreed.

Weisenbeck agreed, saying in his order that Nordstrom “cannot elaborate on this claim until and unless she has access to the election materials that are still impounded.”

Zakin said Friday the review will take place under the supervision of the  county’s superintendent of elections.

“We asked because the election was so close to review these materials,” Zakin said. “If (Nordstrom)  can  not find enough votes, we will congratulate Mr. Lyon on his victory. If we find the votes, then she can continue her campaign to remain a freeholder.”

Lyon was not available for comment Friday.

The judge also rejected Lyon’s claim that there was no suggestion of illegal votes being cast other that the “information and belief” the Nordstrom believes so, and that she needed to supply “permitted grounds” to seek to overturn the election. Lyon called Nordstrom’s filing  “a fishing expedition.”

Weinsenbeck pointed to a 2007 election challenge, filed over the Parsippany mayor's race that year, in which the state Supreme Court said, “election laws are to be liberally construed to the end that voters are permitted to exercise the franchise and that the will of the people expressed through an election is heard.”