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Former Assemblyman Thomas Foley. (Photo: Harry Hurley Charity Dinner.)

Judge rebuffs bid by Atlantic City mayoral candidate to allow voting for next few weeks

By David Wildstein, June 07 2021 2:37 pm

A Superior Court Judge today refused to order Atlantic County election officials to remain open for the next three weeks to receive messenger ballots for the June 8 primary election.

An attorney for Atlantic City mayoral candidate Thomas Foley alleged that the Atlantic County Clerk “implemented arbitrary and prohibitive procedures in the application process for mail-in ballots by authorized messengers.”

In court filings, Terrell Ratcliff claimed that County Clerk Ed McGettigan was requiring appointments to process applications for messenger ballots.  He wanted the clerk’s office to remain open for the next two weekends to do that.

“I’m not going to do that,” said Judge James Savio after a short hearing on Monday. “I don’t think that’s appropriate.”

Foley, a former assemblyman and freeholder, is challenging incumbent Marty Small, Sr. with the backing of the Atlantic City Democratic organization led by former Council President Craig Callaway.

Small is running on the county Democratic organization line with Gov. Phil Murphy, who has endorsed him.

Small’s attorney, Daniel Antonelli of Antonelli Kantor, said that the motion was filed late Friday afternoon – just days before the election.

Antonelli argued that Foley “had knowledge long before that.”

Savio also rejected a request to immediately order the county clerk to stop appointments for messengers.

The judge denied emergency relief, but did not rule on the lawsuit itself.

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