Penns Grove mayor appears to have won as a write-in, if election officials, judges follow the law

The independent mayor of a small town in Salem County looks like she’s won re-election as a write-in candidate, as long as election officials – and maybe a judge – follow a law that protects the wishes of voters even if they misspell LaDaena Thomas’ name.

Republican Louis Pasquale leads Thomas by 23 votes, 188 to 165, in the race for Penn Grove mayor.  Democrat John Washington, a former mayor, is running third with 147 votes.

According to Salem County Clerk Dale Cross, there are 13 uncounted provisional ballots in Penns Grove, and no uncounted vote-by-mail ballots.  Additional VBMS can still arrive through Monday, as long as they were postmarked by 8 PM on Election Day.

There were 13 votes cast for Ladeana Thomas, after voters inverted two letters in her first name.  Three more votes were cast for Ladena Thomas,  and two each for La Daena Thomas (a space was added into her first name), Ladana Thomas, Lanadnea Thomas, and Ladaena D. Thomas.

Those 24 votes alone would bring her to a one-vote lead over Pasquale.

But wait, there’s more.   Fifteen other voters cast single votes for some variation of Thomas’s name, including: L. Thomas, Ladaeda Thomas, Ladina Thomas, Landenathomas (one word), Ladeena Thomas, Laddanena Thomas, Ladiena Tomas, Ladadna Thomas, Leena Thomas and La Deana Thomas.

Thomas’ attorney, Scott Salmon,  told the Salem County Board of Elections that the law requires the different variations of names to be accepted.

Salmon cited a court ruling that said, “Clearly, the Legislature has mandated a search for the real intention of the voter no matter how crudely it is expressed, provided only, of course, that there is a reasonable expression of that intent on the ballot.  We correctly strive to prevent disenfranchisement, abhorred in the law.”

And according to Salmon, the courts have ruled that county election boards don’t have to be “absolutely sure” of the voters’ intent, just reasonably certain.

Superior Court Judge Benjamin Morgan tossed Thomas from the ballot seven weeks ago after finding that she sought write-in votes in the primary despite filing as an independent violated New Jersey’s Sore Loser Law.