Public voted yes on run-offs, court dismisses case to invalidate election results.

Perth Amboy City Hall

The Perth Amboy administration had filed a lawsuit trying to invalidate the outcome of the November 2019 election where Perth Amboy voters passed the public question on runoff elections for municipal races when no candidate receives more than 50% of the vote. The City Council was not in support of this lawsuit challenging the outcome of the referendum. The lawsuit claimed there were problems with the mail in ballot. The City brought up a case against Middlesex County Clerk Elaine Flynn. On June 8, 2020 the Superior Court of NJ Appellate Division decided against the complaints to invalidate the results of the 2019 elections regarding the public question. The City had said the mail in ballot was invalid because the instructions were not in Spanish and Gujarati as they were on the sample ballot. The judge issued a written decision dismissing the complaint and found that it was as nearly as possible a facsimile of the election ballot, “Further, the ballot stated in English, Spanish and Guharati, that the instructions and public question explanation were included on a separate page.”

The November 2019 public question outcome still stands and Perth Amboy will hold run off elections for municipal races when no candidate receives more than 50% of the vote. The case outcome can be found here.

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