Candidate seeks to overturn Atlantic City election results

Viana Bailey, who lost the June Democratic primary for an Atlantic City Council seat by six votes, has filed a lawsuit seeking to overturn the election results and toss the winner, LaToya Dunston, from the ticket.

Bailey alleges that fourteen votes were cast by four voters who don’t live in Atlantic City’s Second Ward, with at least seven of them residing at Dunston’s home address.

Other allegations involve controversial former City Council President Craig Callaway, who served as the assistor for 26 voters who told election officials they needed help due to a disability.  Bailey says three voters didn’t complete the required disability certificates, and claims others did not have the disability they claimed.

In court filings, Bailey’s attorney, Daniel Antonelli, provided examples of some voters who certified that they needed Callaway’s assistance because they could not read the ballot and were active Facebook users.   He said that 35 disability certificates “contain irregularities that require further examination in order to protect the public interest in the outcome of the election.”

And at least four vote-by-mail ballots were not filled out by the voter, Bailey claims.

The lawsuit exposes the fragility of New Jersey’s already tight election calendar.  Bailey filed her challenge on Friday — within the lawfully permitted time — but the county clerk’s deadline to prepare the general election ballot for printing is Monday, and must commence mailing vote-by-mail ballots by September 23.  Part of the delay was caused by local Board of Elections members whose vacation schedule punted the recount for two weeks after the judge ordered one.

The election judge in Atlantic County, Michael Blee, is viewed as one of the best in the state, but even with accelerated schedules, meeting other legal deadlines will be difficult.  If this goes to the appellate court, there’s no guarantee the matter will be over by Election Day.

Dunson is unopposed in the general election unless a write-in candidate emerges.

Antonelli wants election officials to be restrained from mailing ballots in the Second Ward, and is asking for Bailey to be declared the winner.

As an alternative, Antonelli says that Blee could simply postpone the Second Ward council election until a later date so that the matter can be properly adjudicated.

Dunston had initially led Bailey by three votes prior to the recount.