KIRK v. FRENCH


736 A.2d 546 (1999)

324 N.J. Super. 548

Robert KIRK and Eileen Phoebus, Petitioners, v. Claire FRENCH, Monmouth County Clerk; John Bradshaw, Superintendent of Elections; Richard F. Ulbrich, Candidate; Spring Lake Board of Education; and Monmouth County Board of Elections, Respondents.

Superior Court of New Jersey, Law Division, Monmouth County.

Decided July 6, 1998.


Attorney(s) appearing for the Case

Cornelius W. Daniel, III, Pt. Pleasant, for Petitioners (Cornelius W. Daniel, III).

Kenneth C. Green, DAG, for Monmouth County Board of Elections, Monmouth County Clerk, Monmouth County Board of Elections, Superintendent of Elections (Attorney General of New Jersey).

Kenneth B. Fitzsimmons, Pt. Pleasant Beach, for Spring Lake Board of Education (Sinn, Fitzsimmons, Cantoli, West & Pardes).

Jay R. Schmerler, Belmar, for Richard F. Ulbrich (Jay R. Schmerler).


LEHRER, J.S.C.

FACTS

On April 21, 1998, the Borough of Spring Lake conducted a Board of Education election from 5:00 p.m. to 9:00 p.m. The declared winners were incumbents Frances Florentine and Richard F. Ulbrich. Mr. Ulbrich defeated the third candidate, petitioner Robert Kirk, by one vote.

Eileen Phoebus, a long time Spring Lake resident and a regular voter, was not permitted to cast her vote. It is undisputed that the Monmouth County Superintendent...

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