Mulcahy v. Bergen County Board of Elections

Petrella, J. S. C.

This is an election contest suit and the facts are largely undisputed. On November 8, 1977 four candidates ran for two councilman-at-large positions in the Borough of Oakland. The results of the tabulation of ballots showed the following:

Enright (R) — 1928

Tauber (D) — 1905

Mulcahy (R) — 1908

Held (D) — 1745

On November 15, 1977 a petition for recount was filed under the provisions of N. J. S. A. 19 :28-l et seq. Security for costs was deposited.

Pursuant to the resulting court order the Bergen County Board of Elections, on notice to all interested parties, conducted the recount…