Republicans Give Up Mendham Township Committee Suit

MENDHAM, NJ — The ongoing political battle between two Mendham Township candidates has officially come to an abrupt end.

Thomas Baio, a former committeeman and deputy mayor, voluntarily withdrew his election challenge against Democratic candidate Lauren Spirig, during the scheduled trial, which got underway at 9:30 a.m. on Tuesday, Feb. 7.

"Tom had many good reasons to pursue this case. It just didn’t play out in the court as well as we had projected. The fair thing to do was to voluntarily dismiss the cases and let Ms. Spirig and Mendham move on," Baio’s attorney, Tim Howes told Patch.

The lawsuit stems from the Mendham Township Committee election results on Nov. 8, when Democrat Lauren Spirig defeated former deputy mayor Tom Baio by three votes.

"I was pleased with the outcome of today’s trial and thought that everyone involved was respectful of the proceedings. But I’m mostly excited that we can all move forward and focus on the business of serving the people of Mendham Township now that the legal process has fully played out," Spirig told Patch.

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

Baio then went on to challenge Spirig's victory on the grounds that 33 voters, many of whom were young voters, should have their votes invalidated because they are no longer full-time residents of Mendham Township.

The lawsuit also named 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.

"We should be encouraging people to get involved and vote, especially our youth, not try to disenfranchise or intimidate them. Tom Baio should make a public apology to the 33 voters he targeted in this baseless election contest," Duarte said.

In a separate petition, Spirig's attorney Brett Pugach claimed that since Baio's election challenge was successful, the courts must also accept the list of ten other mail-in voters whose residency Spirig wants to challenge, including the former governor's son and daughter, Andrew and Sarah.

During the trial, which was pushed back from its original date in late January, Superior Court Judge Stuart Minkowitz sought to determine whether enough invalid votes were cast to change the outcome of the election.

However, following a brief recess, Howes requested a voluntary dismissal of the case.

"While this matter is closed and will never be re-opened, we do plan to take our concerns about non-resident voting to the Commissioner of Registration and avail ourselves of the administrative process. Let’s be clear: Non-residents who vote where they shouldn’t disenfranchise the voters who vote properly by canceling out their votes," Howes said.

"It’s been a pleasure to have worked on the Township Committee for the past month, and I’m looking forward to the next three years," Spirig said.

Read past 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
• ACLU Seeks To Join Mendham Election Lawsuit

This article has been updated to include a statement from Committeewoman Amalia Duarte.