Whether to count more than 1,900 mail ballots cast in one New Jersey county will be up to a judge after their envelopes were unsealed prematurely and members of the local election board deadlocked on how to proceed
. Superior Court Judge Michael J. Blee will hear arguments Friday in Atlantic City. The decision could affect the outcome of the Democratic primary in the race for the state’s 2nd Congressional District, where businessman Joe Salerno holds a 400-vote lead over attorney Tim Alexander in unofficial results. At the center of the dispute is a state law that allows local election officials to open mail ballots five days before an election day.
But the machine was still programmed to unseal the envelopes when adding the timestamp, Pogue said. At no time were the ballots removed and counted before the five-day window outlined in state law, he said. 'Because of no fault of their own, because of an innocent mistake, that should not disenfranchise a voter, particularly when there was no evidence of malicious intent, no evidence of any tampering,' Pogue said.
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