In a rare move, a Superior Court judge this week threw out the November election results for a New Jersey City Council seat, ordering a new election after finding that the city's Democratic chairwoman took advantage of elderly nursing home residents.
Among the residents whose mail-in ballots were thrown out Wednesday by Judge Heidi Currier was a blind man, a resident who couldn't recall either her address or having voted, and others who testified that Leslie Dominguez-Rodriguez coerced them into voting for her husband, a candidate for Board of Education.
Dominguez-Rodriguez also was supporting council candidate Fernando Gonzalez, who beat Sergio Diaz by just 10 votes. Gonzalez has been serving on the council since January as the election lawsuit played out in court.
His margin of victory was less than the 13 votes that the judge on Wednesday invalidated following a trial that included the testimony of the residents whose ballots were contested.
Currier said the fraud "went far beyond a technical violation" and the actions of Dominguez-Rodriguez and Gilfrank Nunez, a cousin of her husband's school board running mate, "were pervasive and far reaching and likely not just limited to these individuals whose ballots have been contested."
As a result, she had to order a new election for the two top votegetters, both Democrats. The city has nonpartisan races. None of the other City Council or school board election results were impacted by the judge's decision, including the victory for Dominguez-Rodriguez's husband, Jose Rodriguez. Only Diaz and Gonzalez will appear on the May ballot.
"It's shameful that these residents were taken advantage of by an individual who had a direct personal interest in this election, and who, either used her influence over these residents or took advantage of their waning competence," Currier said. Currier said these residents were further victimized by having to testify in this case. "Many of them were nervous and upset and thought they had done something wrong," she said.
On Thursday Mayor Wilda Diaz, who was supporting Diaz, but is not related, against Gonzalez, called for the resignation of Dominguez-Rodriguez. The two are longtime foes and the mayor has previously tried to remove the chairwoman from power.
"As a lifelong Democrat, I am appalled that someone who has engaged in voter fraud is the leader of our party," Diaz said in a statement. "This is not what our party stands for and this is not the kind of person who should be representing thousands of ethical Democrats across Perth Amboy." Councilmen Lisa Nanton, Fernando Irizarry, Joel Pabon and Bill Petrick also called for Dominguez-Rodriguez to step down.
The invalidation of an election is extremely rare: Middlesex County Clerk Elaine Flynn said Thursday that this is the first time during her 19-year tenure that a judge has called for a new election in the county.
Flynn said the special election likely will be held May 5 and will require the county to hire election workers, send out sample ballots and scramble to prepare voting machines at a time when county election workers are preparing for the June primaries. It is still not clear how much the special election will cost or whether the county or the city will be responsible for it, she said.
Testimony from residents at the nursing home indicates that Dominguez-Rodriguez, who sometimes volunteers at the nursing home, may have impersonated someone else.
Ballots submitted by the voters claimed they were assisted by someone named "Linda Ferreira" and the residents testified in court that they were helped by someone by that name. But when they were asked to point to a picture of "Linda Ferreira" they instead pointed to a picture of Dominguez-Rodriguez.
Among the problems Currier found:
• A resident testified that the handwriting on a ballot was not hers and she did not recall voting.
• Another resident said he felt "coerced" by Dominguez-Rodriguez into voting for her husband.
• Another resident said he told Dominguez-Rodriguez that he didn't want her help and was "very upset that somebody would tell him who to vote for," Currier said.
• Another voter also said Dominguez-Rodriguez asked him to vote for her husband and "he did not like that." He said he does not know "Linda Ferreira," whose name is on the ballot as having assisted him, and testified that Dominguez-Rodriguez was the one who helped him.
• Another voter did not remember having voted at all.
• Two other voters who testified were described by Currier as "unintelligible" and "incomprehensible" in their testimony. Currier ruled that one "did not vote of her own choice" and the other "did not complete a ballot under his own power."
"There is no doubt that Ms. Dominguez-Rodriguez was very involved in this election," Currier said. "She denied helping any residents of the care center but one, and yet one by one the residents testified to the contrary.
Currier did not find that either candidate was involved in the fraud.
The state's vote-by-mail law allows any voter to request a mail-in ballot for any reason.
The law also allows for an "authorized messenger" who is a relative or registered voter of the county to deliver up to 10 mail-in ballots on behalf of voters. The County Clerk's Office is supposed to verify the messenger's identity.
Voters also are allowed to be assisted. The person who assists is supposed to identify themselves on the ballot.
Assisters are not allowed to campaign for any candidate and candidates are not allowed to assist voters.
A day after the the chairwoman resigned. Leslie Dominguez-Rodriguez resigned Friday night, according to Middlesex County Democratic Chairman Kevin McCabe.
NYC Wins When Everyone Can Vote! Michael H. Drucker
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