Atlantic City Mayor Don Guardian took his messenger ballot fight to court.
But his team didn’t get the answer it wanted.
In a complaint filed Monday, attorney John Carbone asked for a temporary injunction against the Board of Elections and that the board be compelled to allow the challengers to review all vote by mail ballots.
Superior Court Judge Julio Mendez denied the request, saying there is nothing in the law that requires a “wholesale” review by official challengers of all mail-in ballots prior to the ballots being processed by the board at the staff level, the Philadelphia Inquirer reported.
Guardian’s team has accused former political boss Craig Callaway of voter fraud in the use of messenger ballots. At a press conference last week, he presented recordings of voters talking about their questionable interactions in voting.
The evidence, Carbone wrote in the filing, shows “troublesome and questionable vote by mail harvesting operations in the Atlantic City municipal elections, with documented proof of vote buying, bribery, and illegal messenger operations.”
The campaign fought the board at a Thursday meeting it said was not properly advertised. And takes issue with the board’s decision to review the votes in private with just one Democrat and one Republican represented from the staff.
The board says it’s procedure.
This “unlawfully adopted new policy… is contrary to their past practice, written policy and in violation of the election law statutes permitting challengers to review and examine the materials to exercise a right to challenge the Vote By Mail ballot,” Carbone wrote.
Calling the conduct “brazen,” the filing says the action by the board “mandates a monitor for future compliance and assurances of doing the right thing.”
FULL FILING HERE: Guardian files for injunction