Appellate Court overturns judge’s denial of Roselle recount where democracy was denied

In a stunning rebuke to Union County’s political establishment, the New Jersey Appellate Division has overturned Superior Court Judge John Deitch’s controversial decision to deny a recount in the razor-thin Roselle council race—a race decided by just three votes and now marred by serious questions about election integrity.

The court’s bombshell ruling, issued late Monday, grants Councilwoman Cynthia Johnson the recount she has been fighting for since the June 10 Democratic primary—a race tantamount to election, as there are no Republican challengers.

Johnson, represented by prominent election attorney Matthew Moench, had been blocked at every turn by local officials and Judge Deitch, who shockingly dismissed her concerns despite glaring discrepancies in the vote count.

Judge Deitch’s original ruling was nothing short of a slap in the face to democracy.

Despite evidence of vote-count irregularities and a machine recheck that actually narrowed Johnson’s gap by one vote—raising more questions than answers—Deitch callously denied a full recount.

His decision relied on the controversial Fernandez standard, which sets a high bar for election recounts, effectively telling voters: “Trust the machines, even when they don’t add up.“

But the Appellate Division saw through the farce.

In a scathing reversal, the court acknowledged that Johnson had presented credible evidence of potential miscounts, including discrepancies between votes cast and votes recorded—an issue first raised on appeal because the lower court refused to properly consider it.

This case reeks of election suppression. Johnson’s legal team pointed to disturbing reports of New Jersey Motor Vehicle Commission errors that may have disenfranchised voters—a systemic issue affecting registration rolls.

Yet, Union County officials, including the Board of Elections and Clerk Joanne Rajoppi, dismissed these concerns outright, as if three votes don’t matter.

Worse, Johnson’s opponent, Denise Wilkerson, and Roselle Borough Clerk Lisette Sanchez fought tooth and nail to block transparency, opposing the recount at every turn.

Why? If the count was accurate, what were they afraid of?

Thankfully, the Appellate Division refused to rubber-stamp this travesty. While stopping short of overturning Fernandez, the court rightly declared that Johnson met the burden for a recount under New Jersey law.

The ruling is a victory for every voter who believes in fair elections—and a damning indictment of Union County’s election officials.

The recount must proceed immediately. If even a handful of votes were misrecorded, the results could flip—and Roselle residents deserve to know the truth. But this case is bigger than one election. It exposes a broken system where election officials and judges too often side with bureaucracy over democracy.

Cynthia Johnson and her supporters have fought tirelessly for accountability. Now, thanks to the Appellate Division, they may finally get it. But the real question remains: How many other elections have been decided by error—or worse, by design?

Stay tuned. The fight for Roselle’s future isn’t over yet.