Judge mulls fraud allegations in Atlantic City election challenge

Veteran ballot harvester Craig Callaway is the central figure in a court challenge for an Atlantic City council seat, where he faces accusations of improperly assisting voters in a close Democratic primary in June.

Citing ballot fraud and other irregularities, Viana Bailey seeks to overturn her six-vote loss to incumbent Latoya Dunston in Atlantic City’s second ward.

Superior Court Judge Michael Blee said he would rule soon on Bailey’s bid to either continue the trial or invalidate the election.  That could force a do-over of the Democratic primary.

Bailey’s attorney, Richard Birch, argued that Callaway was the assistor for 41 voters who sought special assistance in voting (out of 66) and that required forms were not correctly filled out.

“The malconduct was so egregious that this prevented the full will of the electorate,” Birch said.

But Dunston’s attorney, Matt Moench, disagreed.

“If these people voted how they wanted to vote, the fact that they had somebody there to help them do it doesn’t make their vote illegal,” said Moench.  “It makes the process improperly followed, but that’s not an illegal vote… elections don’t have to be perfect – they have to be a reflection of the will of the people.”

Of the fifteen voters subpoenaed by another Bailey attorney, Daniel Antonelli, only one showed up in court today.

That voter testified that she voted out her late mother’s home in Atlantic City even though she’s lived in Pleasantville for eighteen years.  Blee can ask if the woman voted for Dunston or Bailey but puts that off to use only as a last resort.

While some poll workers who testified today admitted to knowing Callaway, none said they witnessed him or anyone else tell a voter how to vote while being assisted.

Blee has scheduled a conference with the attorneys on December 18.