Judge reverses prior ruling, lets party select Roselle council nominee in voided primary

Superior Court Judge John Deitch has reversed his previous decision ordering a new Democratic primary for Roselle Borough Council, instead granting local Democratic Committee members the authority to select the party’s nominee for the upcoming general election.

The ruling follows a lengthy legal dispute over a June primary election decided by a single vote and marked by allegations of voter disenfranchisement.

The dispute began after the June 10 Democratic primary, where incumbent Councilwoman Denise Wilkerson initially defeated challenger Cynthia Johnson by just two votes — 1,496 to 1,494 — in a race for an at-large council seat.

With no Republican candidate in the race, the Democratic nominee is expected to win the seat in the general election.

Johnson challenged the results, citing evidence that at least three voters were disenfranchised due to errors by poll workers and issues related to the state’s Motor Vehicle Commission.

Deitch initially denied a recount, but the Appellate Division overturned that ruling in July, ordering a recount and citing “credible evidence of potential miscounts.”

The recount narrowed the margin to just one vote, drawing increased scrutiny.

On Sept. 9, Deitch voided the primary results, finding that voter disenfranchisement and procedural errors had compromised the integrity of the election.

He ordered a new primary to be held Dec. 9, with a special general election to follow on Jan. 27.

However, on Sept. 12, Deitch reversed course and withdrew his order for a new primary.

He directed the Roselle Democratic Committee to select the nominee by Sunday, Sept. 14. The committee, composed of locally elected party representatives, must now choose between Wilkerson and Johnson.

The judge’s reversal came after objections from Union County officials, who said a new primary would conflict with statutory deadlines for mailing vote-by-mail ballots and could confuse voters due to overlapping election schedules.

Deputy Attorney General Brian Ragunan also noted that state law does not clearly authorize a special primary under these circumstances.

The decision has drawn mixed reactions. Johnson’s attorney, Alyssa Duffy Zara, supported the committee process, arguing that the primary “failed to produce a nominee because the Board of Elections, through its own errors, disenfranchised three voters.”

Wilkerson’s campaign and Roselle Mayor Donald Shaw criticized the move, with Shaw accusing Assemblyman Reginald Atkins, the local Democratic chairman, of attempting to “handpick” a candidate aligned with his interests.

Wilkerson’s legal team had opposed the recount and fought any efforts to overturn the original results, arguing that she wanted to win even if voters were denied the right to vote.

The Democratic Committee is expected to favor Johnson, who holds support from a slim majority of its members. However, turnout at the special meeting could determine the final outcome.

The case underscores broader concerns about election integrity and voter access.

A recent Union of Concerned Scientists analysis found that ballot rejection rates are disproportionately high in majority-minority precincts.

A Brennan Center for Justice study also showed how restrictive voting laws suppressed turnout among nonwhite voters.

In Roselle, the disenfranchisement of just a few voters proved decisive.

In his initial ruling, Deitch wrote that “an election must reflect the will of the voters” and that uncertainty in the results justified setting them aside.

The Roselle Democratic Committee must meet by Sept. 14 to select its nominee.

The winner will appear on the general election ballot, though the timing of that election remains uncertain due to the ongoing legal dispute.

Deitch’s reversal highlights the complexities of election law and the need to balance procedural rules with the imperative of fair representation. As Union County Counsel Bruce Bergen said, the path forward must meet legal requirements while avoiding further disenfranchisement.

For now, Roselle residents await a resolution to a contest that has revealed the fragility of the electoral process and the weight of every single vote.