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In re Application of Lee Langbaum to Contest Election of Diane Sank to Office of Councilperson of Borough of Englewood Cliffs

Decided: May 20, 1985.

IN THE MATTER OF THE APPLICATION OF LEE LANGBAUM TO CONTEST ELECTION OF DIANE SANK TO THE OFFICE OF COUNCILPERSON OF THE BOROUGH OF ENGLEWOOD CLIFFS


On appeal from the Superior Court of New Jersey, Law Division, Bergen County.

King, Deighan and Bilder. The opinion of the court was delivered by Bilder, J.A.D.

Bilder

[201 NJSuper Page 486] This is an appeal from a determination in an election contest under N.J.S.A. 19:29-1 in which the judge held that respondent

Diane Sank was a duly elected councilperson of the Borough of Englewood Cliffs (Borough). Involved are the validity of seven absentee ballots and the qualifications of five other voters.

On November 6, 1984 a general election was held in the Borough to choose two members of the local governing body. Candidates for the two offices were petitioner Lee Langbaum, respondent Diane Sank, E. Carter Corriston and Martin Katz. After the election it appeared that petitioner and respondent were tied. The vote was recorded as follows:

E. Carter Corriston 1651

Lee Langbaum 1529

Diane Sank 1529

Martin Katz 1437

Thereafter there was a recount, N.J.S.A. 19:28-1 et seq., and it was determined that Ms. Sank won by one vote. The final results were certified as follows:

E. Carter Corriston 1651

Diane Sank 1530

Lee Langbaum ...


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