Judge sets April 20 as date for do-over Atlantic County election

A judge has set a tentative special election date of April 20 for the do-over of the Atlantic County Board of Commissioners race, the New Jersey Globe has learned.

Superior Court Judge Joseph Marczyk on Monday cancelled the results of the November general election after the county clerk, Ed McGettigan, failed to mail the correct ballots to 554 voters in an election that was decided by 286 votes.

Marczyk also blocked Thelma Witherspoon, the Democrat who defeated Egg Harbor Township Committeeman Andrew Parker in the District 3 county commissioner race, from taking office when the board reorganized on Tuesday.

The new election date is based on Gov. Phil Murphy’s most recent executive order that prohibits any election prior to April 20 in a bid to stop the spread of COVID-19.  The order will make the date subject to subsequent orders regarding how local elections will be conducted this spring.

Unless New Jersey is no longer under a state of emergency a few weeks from now, Murphy will decide if this election follows the same guidelines of the November general election or if he will permit in-person voting.

One likely difference between the November election and the one set for April: it will be the first time Board of Commissioners is an office on a New Jersey ballot.

In November 2020, voters cast ballots for the Board of Chosen Freeholders.  A new state law changed the name of the board as of January 1.

Democrats filed an appeal of Marczyk’s decision this morning and are seeking of a stay of the ruling to force a new election.