ACLU Seeks To Join Mendham Election Lawsuit

MENDHAM, NJ — In the ongoing political battle between two Mendham Township candidates, the American Civil Liberties Union of New Jersey (ACLU) filed an amicus brief in response to claims that illegal mail-in ballots were cast by non-residents.

Although they filed as an amicus brief, the ACLU of New Jersey is not a party to the lawsuit. Rather, they will provide the court with relevant expertise to assist it in its deliberations, according to officials.

The petition was filed on Jan. 17 by Liza Weisberg, a staff attorney at the ACLU of New Jersey Foundation, and claims that the ACLU has participated in many cases involving election law and voting rights issues, either directly representing parties or as an amicus curiae.

"The special interest and the expertise of the ACLU-NJ in this area of the law are substantial. I respectfully submit that the participation of ACLU-NJ as amicus curiae will assist the court in the resolution of the significant issues of public importance implicated by this appeal," the petition reads.

According to officials, the lawsuit, which was scheduled to go to trial this week, has been postponed until Feb. 7. The extension overturns a previous order by Superior Court Judge Stuart Minkowitz, who had insisted there would be no delays.

The lawsuit is a result of the Mendham Township Committee election results on Nov. 8, when the Republican seat on the Township Committee was lost due to Democrat Lauren Spirig's three-vote victory over former deputy mayor Tom Baio.

The lawsuit was launched in early December after the Morris County Clerk's Office certified the results of the recount and revealed that Spirig had maintained her lead and that Baio had unintentionally received an extra vote.

Baio's initial contention in his lawsuit was that 33 voters should be disqualified because they did not adhere to the Mendham Township residency requirements. The number of allegedly illegitimate votes was reduced to 19 in a memo that Baio's attorney submitted last week.

Many of the challenges involve adult children of Mendham Township residents who, despite allegedly no longer living at home, continue to vote at their parents' addresses.

The lawsuit names several voters, including the daughter of Committeewoman Amalia Duarte, the Morris County Democratic chair, and the two children of former New Jersey Gov. Chris Christie.

The new trial date was set because the judge granted Spirig's recently filed cross-petition, which contends that if Baio is allowed to challenge certain voters, Spirig must also be allowed to challenge an additional 10 voters.

"We believe this case should be dismissed on its merits, but if legal challenges are allowed, then they should be applied evenly across parties," Spirig's team said.

The Feb. 7 trial is scheduled for 9:30 a.m. at the Morris County Courthouse, which is located at 56 Washington Street, and will be open to the public.

Read related Patch coverage:

• Trial Date Set In Ongoing Mendham Township Election Scandal
• Election Suit Claims Former Governors' Kids Voted Illegally In Mendham
  
• Vote Recount Reaffirms Mendham Township Committee Results
• 'Shame On You:' Residents Call For Concession In Mendham Election
• Mendham Republicans Challenge Absentee Ballots In Committee Race
• Spirig Sworn In Amid Lawsuit Challenge From Mendham Republican