Not wanting to be labeled as sore losers in a small town, Caldwell Republicans are dropping their bid for a recount after a pair of judges bungled, perhaps unintentionally, a bid to recheck election results in a borough council race where just four votes separated the winner and loser.
Matt Giermanski and Nicholas Correale decided not to pursue a protracted lawsuit and accept the “non-audited election results,” allowing Democrat Vivian Rodeffer to take office for a three-year term without worrying that a judge might remove her later.
Rodeffer defeated Giermanski, 928-924 (24.92% to 23.82%), with another Republican, Nicholas Correale, not far behind with 918. Democrat Kenneth Jurgenson was the top vote-getter with 953.
“The judge stated in his decision that the courts would be allowed to remove a sworn in council member if the recount changed the outcome and install the true winner. We made the decision that we did not want to have Caldwell go through that process if the numbers changed,” Giermanski and Correale said in a joint statement.” “We were disappointed in the court’s approach in believing that there wasn’t a sense of urgency to hear our appeal prior to January 1.”
Superior Court Judge Robert Gardner rejected a request for a recount, an ordinary request in an extraordinarily close race where a candidate trails by just one-tenth of one percent.
Then Thomas Sumners, Jr., the chief appellate court judge, rejected a request by William Pandos, the GOP attorney, to expedite a hearing on the appeal by December 28 so that a recount could be conducted before the Caldwell governing body reorganizes next week.
Sumners defended the court’s indolence by suggesting that Rodeffer’s swearing-in could easily be undone, since the “courts have the authority to revoke a certificate of election and remove an incumbent from office.” The decision allowed the appellate court to enjoy the week off without interruption.
“The earliest date that was set by the courts was in February, and the decision of the hearing and the recount could easily extend deep into 2024,” said Giermanski and Correale. “We requested an expedited ruling on the recount prior to January 1, so there would be no disruption to the 2024 governing body and the residents of Caldwell.”
The GOP candidates slapped Gardner, a former executive director of the Essex County Republican Committee, for refusing a generic recount request.
“Considering Judges in New Jersey permitted recounts this year in several close elections, including Oakland, Bogota, and Parsippany, we were disappointed by the initial decision by Judge Robert Gardner not to allow a recount; a decision that is inconsistent with other judges across the state,” the GOP candidates stated. “The margin of difference in our election was smaller than those in other towns where it was allowed.”
Recounts of close municipal races in five municipalities produced different results.
“We decided to run for council as we truly felt that our backgrounds and desire to make Caldwell better was paramount,” Giermanski and Correale said. “We congratulate Ken and Vivian on their win and wish the entire Mayor and Council great success in 2024.