The race for a South Toms River Council seat is again tied after the Ocean County Board of elections opened one additional ballot Monday.
Democratic Councilman George Rutzler has held the seat since Judge Arnold Goldman allowed him to take the seat in January, after a recount subtracted two votes from Republican Sanford Ross.
The matter is expected to come before Superior Court Judge Arnold Goldman on Tuesday. The judge is expected a new race be held on June 29 to determine who will hold the seat.
The race between Rutzler and Ross initially ended in a tie, with each of the two candidates winning 772 votes. The Democrat won the seat after a recount eliminated two votes for the Republican.
Goldman later ruled the Board of Elections acted correctly when it rejected two ballots bearing votes for Ross because they were signed by the voters.
The protracted election challenge that followed saw a number of ballots opened and witnesses testify about how they voted.
Rutzler will likely be ordered to vacate the seat pending the results of the expected special election.