Assemblyman Robert Auth (R-Old Tappan) and Assemblywoman-elect DeAnne DeFuccio (R-Upper Saddle River) may have partially used the wrong petitions and filed general election petitions instead of ones designed for the Republican primary, according to the state Division of Elections.
Auth and DeFuccio appear to have submitted primary election petitions with 105 signatures for part of their filing, with additional signatures – about 60 of them – on the wrong petition form.
That’s not a problem for Auth and DeFuccio if at least 100 of the 105 are valid, although they don’t have much room for error.
The first set of petitions might be enough for Secretary of State Tahesha Way to certify Auth and DeFuccio.
Way could also permit the two Republicans to cure the defect on the petitions – primary and general petitions are similar.
If she does, it’s possible that the two Republicans running against Auth and DeFuccio in the 39th district primary, Saddle River Councilman John Azzariti and former Saddle River GOP Municipal Chairman John Kurpis, or Democrats, to decide if they want to mount a legal challenge.
But if Way rejects the petitions, it will be up to Auth and DeFuccio to mount a challenge before an administrative law judge.
Auth declined to comment.