A race for fire commissioner last month in Toms River initially ended in a tie, but after the results were certified, another write-in vote was counted that gave another candidate a one-vote win.
Now, the election is in court.
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 – it’s not clear when or how – one additional vote was counted for Cirz and Golden, giving Cirz a total of 616 votes, with Hopson and Golden each at 615.
Hopson’s lawyer, Matt Moench, accused the fire commission of secretly changing the election results and said one of the commissioners – “for some unknown reason…re-reviewed the election tapes after the election was certified.” – and accused others of conspiring to “change he election results in contravention of the law, and to do it improperly and secretly so as to ambush (Hopson).”
“The court finds that under the circumstances that have unfolded, that there is a significant question in the court’s mind as to what procedure took place,” said Superior Court Judge Craig Wellerson said. “Of course, not suggesting that there was anything nefarious or inappropriate — I just don’t know, and there’s enough questions in the court’s mind as to whether or not the one vote differential is something that we can verify and rely upon.”
Wellerson has scheduled an evidentiary hearing for March 19. In the meantime, he ordered Cirz not to take part in any meetings or take any official actions.
Tutela and Hobson ran together with the support of the Toms River GOP. Cirz is a construction code official in Seaside Heights and Berkeley, Golden works for the Toms River Roads Department, Tutela is employed by the Toms River Municipal Utilities Authority, and Hobson is a union leader who works for the Ocean County Utility Authority. The fire district administrator is former Councilman Brian Kubiel.