It doesn’t appear that the courts are taking a challenge to how the Trenton City Clerk calculated election results for three at-large council seats as an emergent matter, where voting for the December 13 runoff is already underway.
Flavio Komuves, an attorney representing three unsuccessful candidates, filed a lawsuit on Monday afternoon requesting temporary restraints – he wanted to stop election officials from mailing ballots – and seeking expedited treatment by the courts.
But by the end of Tuesday, Superior Court Judge Kay Wolcott-Henderson had not scheduled a hearing on the matter.
It’s not immediately clear why an emergency election matter was not considered today, but it’s possible that the fault lies with Komuves.
On the Civil Case Information Statement filed, there is a section that says, “Use this space to alert the court to any special case characteristics that may warrant individual management or accelerated disposition.” Komuves left this blank.
City Clerk Brandon Garcia determined last week that no runoff was necessary in the at-large race, with Yazminelly Gonzalez, Crystal Feliciano and Jasi Edwards emerging as the winners. The results of the November 8 general election were certified on Wednesday, November 23 and a ballot draw was conducted on the morning of Friday, November 25.
The allegedly unsuccessful candidates — Kadja Manuel, Taiwanda Terry-Wilson and Alex Bethea – hired Komuves to represent them. The attorney said in court filings that he’s been asking Garcia to share his math since last week.
Komuves claims that statute provides for an alternate way of calculating the runoff numbers and he wants a Superior Court Judge to order an immediate halt to the election until can play his theory out.
But Komuves waited until late Monday to ask the court to shut down the election until Garcia explains how he calculated the winners, even though he could have filed his emergent application as early as last Wednesday.
Garcia declared Yazminelly Gonzalez, Crystal Feliciano and Jasi Edwards as the winners of the three at-large seats.