A Republican who lost a borough council seat in Caldwell by just four votes is appealing a Superior Court Judge’s perplexing decision to deny a recount.
Judge Robert Gardner instead told Matt Giermanski that he was free to challenge the results without a recount, a decision that is inconsistent with other judges across the state. That left Democrat Vivian Rodeffer as the winner.
William Pandos, an attorney representing the Republicans, asked the appellate division to render a decision by December 28 so that a recount could be conducted in time for the winner to be sworn in.
“This appeal involves issues of great public importance that absolutely must be resolved prior to Borough of Caldwell’s reorganization meeting in or about the first week of January 2024,” Pandos said.
Republican Nicholas Correale finished six votes behind Giermanski. Kenneth Jurgensen, a Democrat, won the other seat; he ran 25 votes in front of Rodeffer.
Judges permitted recounts this year in several close elections, including Oakland, Bogota, and Parsippany. New Jersey has no automatic recount law, leaving the decision up to individual judges.
Republicans have also filed an election challenge, which is scheduled to be heard by Judge Ricky Sules on January 3.
The GOP alleges twelve vote-by-mail ballots were cast by voters who no longer reside in Caldwell, and that two voters were wrongfully rejected.