Judge upholds 1-vote victory in Toms River fire commissioner election

After a two-day hearing, Superior Court Judge Craig Wellerson has upheld a one-vote victory in the race for fire commissioner in Toms River after allowing a write-in vote for a candidate whose name appeared on the ballot to be counted.

The initial certification of the February 15 Board of Fire Commissioners District No. 1 election gave incumbent Richard Turtela another term with 690 votes, with another incumbent, Anthony Cirz, tied with Michael Hopson, with 615 votes each.  A fourth candidate, incumbent James Golden, received 614 votes.

But later, when the additional vote was counted for Cirz and Golden, it gave Cirz a total of 616 votes, with Hopson and Golden each at 615.

Scott Salmon, Cirz’s attorney, now has a judge on record as allowing write-in votes to be cast for a candidate whose name already on the ballot – something multiple judges have not permitted in the past.

Wellerson granted a two-week stay to allow Hopson’s attorney, Matt Moench, time to file an appeal.