Atlantic County election officials to decide fate of ballots delayed by post office dispute

Atlantic County election officials will meet Wednesday to decide whether to count 24 vote-by-mail ballots caught in an unusual dispute with the U.S. Postal Service after the agency refused to deliver ballot cure letters because the county allegedly owed postage dating back to the all VBM elections conducted during the COVID-19 pandemic six years ago.

Atlantic County Board of Elections Chairman Creed Pogue has called a special meeting to decide whether to count the disputed ballots.  The board will consider rejecting three ballots tied to cure letters postmarked after the June 10 deadline and hand-counting those connected to cure letters with timely postmarks.

The controversy stems from 24 ballot cure letters that election officials say were delayed after the Postal Service withheld delivery over an alleged unpaid balance from 2020, when New Jersey conducted its elections almost entirely by mail because of the coronavirus pandemic.

The delay prevented voters from receiving notice that they needed to correct deficiencies on their mail ballots until it was nearly too late, raising concerns that eligible voters could lose their votes through no fault of their own.  All of these ballots were postmarked on time.

Atlantic County Clerk Joseph Giralo urged the Board of Elections to count the ballots, arguing that the affected voters complied with all legal requirements but were thwarted by a government error beyond their control.

“These voters did everything they were asked to do,” Giralo stated. “They should not lose their right to have their ballots counted because of an administrative failure outside of their control. Every legally cast vote deserves to be counted.”

Giralo said Atlantic County’s election offices use envelopes bearing the U.S. Postal Service’s recommended “Official Election Mail” designation and that postal officials had previously assured county officials that election mail would receive prompt handling. Instead, he said, the cure letters were effectively held because of the longstanding postage dispute.

“It’s just not fair,” Giralo said.

In a statement released ahead of Tuesday’s meeting, Giralo said he intends to amend the county’s certified election results if the Board votes to count the affected ballots.

“Our election system depends on public confidence,” he said. “When mistakes occur, they must be corrected. I believe the Board of Elections will act promptly to ensure these 24 voters receive the representation they are entitled to under the law.”

Tuesday’s agenda also includes a motion to publicly release correspondence between the Board of Elections and a Deputy Attorney General regarding the issue, as well as consideration of any additional action involving the remaining cure letters.

Deputy Attorney General Andrew Hedin had instructed election officials not to count the newly received ballots.  The move to formally release Hedin’s letter will waive privilege, allowing it to be made public.

The meeting could determine whether the 24 ballots are included in the certified results from the June 2 primary election or remain uncounted due to Postal Service-related delays.