Judge orders recount in Atlantic City council race

Superior Court Judge Michael Blee has ordered a recount in a city council race in Atlantic City where just three votes separated the two candidates in the June 6 Democratic primary.

Incumbent Latoya Dunston leads challenger Viana Bailey, 300 to 297, in a contest for the second ward seat.

The recount will be held on August 18 at 5:30 PM.

Former Atlantic City Council President Craig Calloway, a controversial local powerbroker supporting Dunston, assisted nineteen disabled voters, Bailey alleged in court filings.

Bailey’s attorney, Richard Birch of Antonelli Kantor Rivera, argued that two disability certifications and voting records show that “certain voters cast votes but did not have their votes recorded.”

“This error is statistically significant in the eyes of the court because it is a large enough percentage to perhaps alter the election results.  A potential 2% of error in an election won by less than 1% margin because credible evidence has been presented that could affect the outcome of an election,” Blee said.  “A recount is warranted.”

Blee also ruled on a potentially crucial point for future elections, determining that the twelve-day clock for filing an election challenge begins after the recount results are certified.

“The question as to if a potential election contest was timely filed is not yet ripe because the recount has not yet occurred and a time period is not begun to run,” Blee said.

There is an extraordinarily narrow window for an election challenge between the certification of the recount numbers and the September 4 deadline to print the general election ballots.  Vote-by-mail ballots are due to be mailed on September 23.

No Republicans or independents filed to run in the second ward, which means absent a write-in campaign, the Democratic primary is tantamount to victory.