GENOVA BURNS LLC JARDIM, MEISNER & SUSSER, P.C. · 2019-12-06 · GENOVA BURNS LLC Rajiv D. Parikh, Esq. (032462005) Matthew S. Oorbeek, Esq. (073242013) 494 Broad Street Newark,

GENOVA BURNS LLC

Rajiv D. Parikh, Esq. (032462005)

Matthew S. Oorbeek, Esq. (073242013)

494 Broad Street

Newark, NJ 07102

(973) 533-0777

JARDIM, MEISNER & SUSSER, P.C.

Scott D. Salmon, Esq. (152162015)

30b Vreeland Road, Suite 100

Florham Park, New Jersey 07932

(973) 845-7640

Attorneys for Petitioners/Plaintiffs,

New Jersey Democratic State Committee,

Morris County Democratic Committee,

William “Bud” Ravitz. Nancy Berns, Robert A. Agrusti,

Odette Eiger, Linda Koch, Alicia Benjamin-Stennett,

Alexandra Stennett, and Angel Vega

NEW JERSEY DEMOCRATIC STATE

COMMITTEE, MORRIS COUNTY

DEMOCRATIC COMMITTEE, WILLIAM

“BUD” RAVITZ, NANCY BERNS, ROBERT

A. AGRUSTI, ODETTE EIGER, LINDA

KOCH, ALICIA BENJAMIN-STENNETT,

ALEXANDRA STENNETT and ANGEL

VEGA,

Petitioners/Plaintiffs,

vs.

HONORABLE ANN F. GROSSI, in her

official capacity as Morris County Clerk;

MORRIS COUNTY BOARD OF

ELECTIONS, JOHN/JANE DOE, in their

capacity as an election official based in Morris

County, New Jersey responsible for any part of

the November 5, 2019 General Election,

Respondents/Defendants.

SUPERIOR COURT OF NEW JERSEY

LAW DIVISION: MORRIS COUNTY

Docket No.: MRS-L- -19

CIVIL ACTION

VERIFIED PETITION CONTESTING

THE RESULTS OF THE NOVEMBER 5,

2019 GENERAL ELECTION FOR THE

OFFICE OF TOWNSHIP OF MORRIS

COMMITTEE AND CIVIL RIGHTS

COMPLAINT

MRS-L-002576-19 12/05/2019 5:00:05 PM Pg 1 of 54 Trans ID: LCV20192244352

2

Petitioners/Plaintiffs New Jersey Democratic State Committee, Morris County

Democratic Committee, William “Bud” Ravitz, Nancy Berns, Robert A. Agrusti, Odette

Eiger, Linda Koch, Alicia Benjamin-Stennett, Alexandra Stennett, and Angel Vega

(“Petitioners” or “Plaintiffs”), by way of this Verified Petition pursuant to N.J.S.A. 19:29-1,

et seq., and Civil Rights Complaint, allege and state:

PARTIES

1. At all times relevant herein, petitioner/plaintiff New Jersey Democratic State

Committee is a body politic organized pursuant to N.J.S.A. 19:5-4.

2. At all times relevant herein, petitioner/plaintiff Morris County Democratic

Committee is a body politic organized pursuant to N.J.S.A. 19:5-4.

3. At all times relevant herein, petitioner/plaintiff William “Bud” Ravitz

(“Ravitz”) was a candidate for the office of Township of Morris Committee, in the County of

Morris, State of New Jersey for the 2019 General Election held on November 5, 2019.

4. At all times relevant herein, petitioner/plaintiff Nancy Berns was a resident of

Township of Morris, County of Morris, State of New Jersey and a duly qualified voter who

cast a ballot in the 2019 General Election held on November 5, 2019.

5. At all times relevant herein, petitioner/plaintiff Robert A. Agrusti was a resident

of Township of Morris, County of Morris, State of New Jersey and a duly qualified voter who


6. At all times relevant herein, petitioner/plaintiff Odette Eiger was a resident of




3

7. At all times relevant herein, petitioner/plaintiff Linda Koch was a resident of



8. At all times relevant herein, petitioner/plaintiff Alicia Benjamin-Stennett was a

resident of Township of Morris, County of Morris, State of New Jersey and a duly qualified

voter who cast a ballot in the 2019 General Election held on November 5, 2019.

9. At all times relevant herein, petitioner/plaintiff Alexandra Stennett was a

resident of Township of Morris, County of Morris, State of New Jersey and a duly qualified

voter who cast a ballot in the 2019 General Election held on November 5, 2019.

10. At all times relevant herein, petitioner/plaintiff Angel Vega was a resident of



11. At all times relevant herein, respondent/defendant Ann F. Grossi was the

Morris County Clerk, who is vested with certain statutory duties and obligations related to the

November 5, 2019 general election, including, among other things, designing and ordering

proper ballots, ballot envelopes and other paper election materials for state and county

elections held in Morris County.

12. At all times relevant herein, respondent/defendant Morris County Board of

Elections (“Board of Elections”) was responsible for tabulating votes cast in elections held in

Morris County pursuant to the mandates of Title 19 and for training all poll workers employed

to assist voters during the November 5, 2019 General Election.


4

13. At all times relevant herein, respondent/defendant John/Jane Doe was an official

based in Morris County, New Jersey who was responsible for any part of the November 5,

2019 General Election.

JURISDICTION AND VENUE

14. The Superior Court has jurisdiction over this election and civil rights matter

pertaining to ballots in Morris County with respect to the General Election held on November

5, 2019.

15. Venue is proper in Morris County under Rule 4:3-2(a)(2) and (3) because the

elections, candidates, and ballots at issue pertain to Morris County, the cause of action arose in

Morris County, and all parties reside within Morris County.

FACTUAL BACKGROUND

A. The November 5, 2019 General Election for Committee

16. Ravitz was a candidate for the office of committeeman in the Township of

Morris, County of Morris, in the general election held on November 5, 2019 (hereinafter

referred to as the “Election”), for the open position on the Township Committee.

17. Upon information and belief, approximately 6,376 ballots were cast in the

Election.

18. Ravitz has been reliably informed by the defendants that Peter V. Mancuso was

the top vote getter and winner of the election.

19. Mr. Mancuso’s margin of victory was thirteen (13) votes over Ravitz, the

second highest vote getter.

20. Consequently, Ravitz filed a Petition in Support of Recount and Recheck on

November 15, 2019 bearing the caption Ravitz v. Grossi et al., Docket No.: MRS-L-2462-19.


5

21. On November 15, 2019, that petition was granted and a recount and recheck

was ordered.

22. Following the recount and recheck, Mr. Mancuso’s margin for victory was

fifteen (15) votes over Ravitz.

23. As a result of that recount, the below discrepancies were found.

B. Defective and Missing Glue on Provisional Ballot Envelopes

24. Upon information and belief, forty-two (42) provisional ballots remain

uncounted because the outer envelope containing the completed provisional ballot was not

sealed.

25. Upon information and belief, a problem existed regarding the glue and/or

adhesive used to close and seal many of the provisional ballot envelopes, resulting in an

inordinate number of provisional ballot envelopes not being sealed notwithstanding attempts by

voters to lick the envelopes and pressing down firmly to seal them.

26. Indeed, defendant Grossi has publicly conceded that there were glue issues with

provisional ballot envelopes throughout Morris County.

27. Additional sworn statements and testimony will further support this position.

28. For example, the Affidavit of poll worker Gail Biggs, attached hereto as

Exhibit A and incorporated herein, provides that she personally witnessed about “three

provisional ballots that were unable to be sealed via glue found on the envelope flap. In each

instance, the voter was struggling to get the envelope to seal after licking it and asked for

assistance from myself or a colleague. Notably, these ballots were not sticking at all and I did

not observe any glue on the flap whatsoever.”


6

29. As set forth in the affidavit of Jessica McGinn, attached hereto as Exhibit B and

incorporated herein, her provisional ballot was not counted as it was deemed “unsealed”,

however she attempted to seal her ballot but was unable to do so as the glue would not keep the

envelope closed.

30. Petitioner Linda Koch, stated in her affidavit, attached hereto as Exhibit C and

incorporated herein, that her provisional ballot was not counted as it was declared “unsealed”

even though she tried to seal her ballot but had difficulty doing so as the glue was not sticky

enough to keep the envelope sealed.

31. Similarly, Petitioner Odette Eiger, whose affidavit is attached hereto as Exhibit

D and incorporated herein, has been disenfranchised as her provisional ballot was not counted

due to it being “unsealed” even though she sealed her ballot and returned it to a poll worker.

32. Upon information and belief, one of the provisional ballots that was not counted

as being unsealed had lipstick on the envelope flap, providing common sense evidence that the

voter attempted to seal the provisional ballot envelope, albeit unsuccessfully.

33. While provisional ballots were ordered for the Election, upon information and

belief the glue that was applied to the envelopes to seal the ballots was not proper resulting in

forty-two (42) duly qualified voters being disenfranchised as a result of not having their votes

counted.

34. Upon information and belief, of the forty-two (42) provisional ballots that were

not counted as being “unsealed”, a majority of those uncounted votes were for Ravitz, altering

the true result of the Election.

35. Upon information and belief, each of the qualified voters who cast the unsealed

provisional ballots at issue here, were listed in Defendants voting signature book as Mail-In


7

Ballot voters, which is why they were not permitted to vote on machines and were provided

with provisional ballots.

36. Upon information and belief, none of the qualified voters who cast the unsealed

provisional ballots at issue here returned their mail-in ballot and as such, their provisional

ballot should have been counted by the Board of Elections.

C. Unsealed Vote By Mail Ballots

37. In addition to forty-two (42) provisional ballots that have gone uncounted as a

result of being “unsealed” as a result of problems with adhesive, ten (10) mail-in ballots were

also uncounted as a result of being “unsealed”.

38. Upon information and belief, there is no evidence that these ballots had been

tampered with.

39. Nevertheless, Defendants have refused to count these vote by mail ballots.

40. Upon information and belief, the glue used by the County Clerk on these mail-in

ballots was defective.

41. These ten (10) voters have been disenfranchised as a result of Defendants

refusing to count same.

D. Uncounted Mismatched Signatures

42. In addition to the uncounted provisional ballots and vote by mail ballots, another

vote was uncounted as a result of “mismatched signatures.”

43. Upon information and belief, this ballot should be counted as no issue exists

related to this voter’s signature.


8

44. Indeed, this voter, Gillian Elise Goldberg, residing at 25 Fieldstone Drive,

Morris Township, New Jersey, had previously gone to Defendants’ offices to change the

signature on file.

45. Upon information and belief, the “mismatched signature” uncounted vote was a

vote in favor of Ravitz.

GROUNDS FOR CONTESTING THE ELECTION AND LEGAL CLAIMS

46. Plaintiffs repeat and reassert all of the allegations set forth in the foregoing

paragraphs as if set forth herein at length.

47. N.J.S.A. 19:29-3 provides that a petition contesting the election may be filed

within 10 days after the results of a recount has been determined or announced.

Count 1 (Errors and Irregularities)



49. As set forth above, a number of provisional ballots were not counted or rejected

because they were “unsealed”.

50. All indications are that provisional ballots were completed in private, the voter

attempted to seal same, and they were then put in the possession of Defendants’ poll workers

as required by law.

51. Thereafter, Defendants’ poll workers placed the provisional ballots into bags

which were thereafter sealed and provided to Defendants, where all seals were in place when

the provisional ballot bags were opened.

52. Thus, upon information and belief, there is a proper chain of custody for each of

the ‘unsealed’ provisional ballots.


9

53. To the extent that these provisional ballots were “unsealed”, same was not

through fault of the voters as the adhesive to seal the ballots was non-existent and/or defective.

54. Indeed, several voters addressed this issue with poll workers and, upon

information and belief, Defendants are well aware of this issue.

55. Of the forty-two (42) provisional ballots that went uncounted as a result of being

unsealed, sixteen (16) voters have submitted affidavits attached hereto.

56. Defendant Grossi has a statutory duty to provide proper provisional ballots,

envelopes and election materials for use in elections throughout the County, and while she may

have attempted to do so, she ultimately failed to provide materials which would permit them to

be properly sealed. See N.J.S.A. 10:53C-1(a) and N.J.S.A. 19:53C-10.

57. The discrepancy in provisional ballots which were cast but not counted, and the

conduct of the Board of Elections in not counting these votes as a result of same being

“unsealed” due to defective adhesive is sufficient to affect the outcome of the election, and

thus constitutes grounds to contest the election pursuant to N.J.S.A. 19:29-1(e), (f) and (g).

58. All of the aforementioned grounds, each independently and collectively

constitute sufficient grounds to contest the Election pursuant to N.J.S.A. 19:29-1(e), (f) and

(g).

WHEREFORE, Plaintiffs demand judgment as follows:

A. Declaring that the (1) unsealed provisional ballots be counted by the Board of

Elections, (2) unsealed mail-in ballots be counted by the Board of Elections, and (3) that the

ballot rejected for a “signature mismatch” be counted, and an appropriate certificate of election

be issued declaring the winner of the race following the counting of these votes; and


10

B. In the alternative, ordering that the election be set aside, and that a re-run

election be held; and

C. Granting such other relief as the Court may deem right and just upon the

determination of this matter.

Count 2 (Eligible Voters)

59. Plaintiffs repeat and reasserts all of the allegations set forth in the foregoing


60. Upon information and belief, the following individuals, among others, were

eligible to vote and in fact voted in the Election but whose votes were not counted as a result of

their ballots being “unsealed” or rejected improperly by Defendants for some other reason:

Name Address at which Voter is Registered to Vote

Vilma Acuna 540 W. Hanover Avenue, Morris Township, New Jersey

Robert Agrusti 6 East Cove Lane, Morris Township, New Jersey

Thomas Andersen 7 Oak Park Drive, Morris Township, New Jersey

Michelle Baron-Romans 106 Skyline Drive, Morris Township, New Jersey

Ellen Barry 201 Woodland Avenue, Morris Township, New Jersey

Alicia Benjamin-Stennett 16 Spencer Drive, Morris Township, New Jersey

Nancy Berns 18 Brandywine Terrace, Morris Township, New Jersey

Nancy Boiles 19 Thomas Paine Road, Morris Township, New Jersey

Johannes Calis 9 Canterbury Way, Morris Township, New Jersey

Stephen Cheren 5 Ellyn Court, Morris Township, New Jersey

Lauren Chowdhury 15 Aspen Way, Morris Township, New Jersey

George Demarco 9 Lawndale Avenue, Morris Township, New Jersey

Francis Donlon 75 Canfield Road, Morris Township, New Jersey

Odette, Eiger 1 Alvord Road, Morris Township, New Jersey

Thomas Emmer 5 Turtle Road, Morris Township, New Jersey

Ulrich Gernhardt 64 Hillcrest Avenue, Morris Township, New Jersey

Craig Gilbert 5 Humphrey Place, Morris Township, New Jersey

Danielle Goodman 4 Dana Court, Morris Township, New Jersey

William Henry 6 Pilgrim Court, Morris Township, New Jersey

Joseph Kendelski 14 Independence Way, Morris Township, New Jersey

Linda Koch 11 Constitution Way, Morris Township, New Jersey

Mohammed Kromah 2 Alexandria Road, Morris Township, New Jersey

Dipa Kumar 52 Laura Lane, Morris Township, New Jersey


11

Stuart Lasser 22 Gatehouse Court, Morris Township, New Jersey

Miriam Lerman 27 Black Watch Terrace, Morris Township, New Jersey

Samantha Lleras 20 Oak Park Drive, Morris Township, New Jersey

Samuel Marks 16 Redwood Road, Morris Township, New Jersey

Jessica McGinn 282 James Street, Morris Township, New Jersey

Jesse Ogushwitz 34 Frederick Place, Morris Township, New Jersey

Jacqueline Ornstein 39 Wood Road, Morris Township, New Jersey

Dimple Patel 1 Plymouth Road, Morris Township, New Jersey

Britta Perry 73 Redner Road, Morris Township, New Jersey

Michael Purdy 8 Warwick Road, Morris Township, New Jersey

David Reich 6 Willison Park Road, Morris Township, New Jersey

David Ridgway 32 Tall Timber Drive, Morris Township, New Jersey

John Romanovsky 45 Pippins Way, Morris Township, New Jersey

Jonathan Ropke 512 Pitney Place, Morris Township, New Jersey

Logan Schulte 27 Normandy Parkway, Morris Township, New Jersey

Alexandra Stennett 16 Spencer Drive, Morris Township, New Jersey

Angel Vega 21 Center Avenue, Morris Township, New Jersey

Marcus Welles 50 Alexandria Road, Morris Township, New Jersey

Marcia Wood Hunter 7 Robyn Court, Morris Township, New Jersey

Marjorie Underhill 29 Fairchild Avenue, Morris Township, New Jersey

Maura Delaney 7 Wedgewood Lane, Morris Township, New Jersey

Charlotte Terreri 11 Thomas Paine Road, Morris Township, New Jersey

Danielle Knapp 4 Hadley Way, Morris Township, New Jersey

Wilma Pitman 14 Shelley Place, Morris Township, New Jersey

Steven Sukala 31 Brookfield Way, Morris Township, New Jersey

Josephine Fubara 6 Spencer Drive, Morris Township, New Jersey

Michael Fubara 6 Spencer Drive, Morris Township, New Jersey

Dimple Shah 5 Jason Lane, Morris Township, New Jersey

Nishit Shah 5 Jason Lane, Morris Township, New Jersey

61. Upon information and belief, the aforementioned voters cast provisional ballots

or vote by mail ballots, and such ballots were rejected by Defendants as being “unsealed” due

to, upon information and belief, defective adhesive on the provisional ballot envelope.

62. The improper rejection of these individuals’ votes is sufficient to affect the

outcome of the election, and thus constitutes grounds to contest the election pursuant to

N.J.S.A. 19:29-1(e).


12

63. Similar issues exist for the rejection of qualified voters who cast other ballots

who were improperly rejected by the Board.








C. Granting such other relief as the Court may deem right and just upon the

determination of this matter.

Count 3 (Violations of the New Jersey Civil Rights Act, N.J.S.A. 10:6-2(c))



65. The statutory provisions set forth above are intended to provide for the

discharge of transparent, free and open elections, and to protect Plaintiffs’ constitutional rights

to access the franchise by placing clear obligations on Defendants to ensure that election

equipment, and paper election materials such as ballots/ballot envelopes at issue here are not

defective.

66. Defendants failed to satisfy their statutory obligations in this regard, thus

depriving Plaintiffs’ substantive rights as voters and disenfranchising them.

67. The disenfranchisement of Plaintiffs, and others, was a direct result of the errors

and omissions committed by Defendants.


13

68. Defendants’ deprivation of Plaintiffs’ rights occurred “under color of law,” as

Defendants were acting in their official capacities.

69. Indeed, even after the issues with envelope glue were discovered, Defendants

could have petitioned the Court for guidance on the handling of “unsealed” ballots to ensure

that qualified voters, including Plaintiffs, were not disenfranchised as a result of a

governmental error.

70. As a result, Plaintiffs are entitled to damages and reasonable attorneys’ fees and

costs pursuant to N.J.S.A. 10:6-2(f).








C. Declaring Defendants’ refusal to count the unsealed provisional ballots, unsealed

mail-in ballots, and the “signature mismatch” ballot is unconstitutional; and

D. Awarding Plaintiffs damages and all reasonable attorneys’ fees and costs in

connection with this matter, pursuant to N.J.S.A. 10:6-2(f).


14

GENOVA BURNS LLC

Attorneys for Petitioners/Plaintiffs,

New Jersey Democratic State Committee,

Morris County Democratic Committee,

William “Bud” Ravitz. Nancy Berns,

Robert A. Agrusti, Odette Eiger, Linda

Koch, Alicia Benjamin-Stennett,

Alexandra Stennett, and Angel Vega

s/ Rajiv D. Parikh_________

RAJIV D. PARIKH

Date: December 5, 2019

DESIGNATION OF TRIAL COUNSEL

Pursuant to the provisions of R. 4:25-4 and R. 4:4-1(c), Rajiv D. Parikh, Esq. is

hereby designated as trial counsel on behalf of Plaintiffs in the within matter.


RAJIV D. PARIKH



15

RULE 4:5-1 CERTIFICATION

Pursuant to Rule 4:5-1, I certify that, other than a Petition for recount/recheck

captioned as Ravitz v. Grossi et al., Docket No. MRS-L-2462-19, the within matter in

controversy is subject to no other action pending in any Court or arbitration proceeding and

that the names of all parties who should be joined in this action are set forth in the Petition and

joined in the action. I am aware that if any of the foregoing statements are willfully false, I

may be subject to punishment.


RAJIV D. PARIKH




EXHIBIT A



EXHIBIT B



EXHIBIT C



EXHIBIT D



EXHIBIT E



EXHIBIT F



EXHIBIT G


AFFIDAVIT OF

STATE OF NEW JERSEY )) ss:

COUNTY OF MORRIS )

full age, being d'ly sworn, deposes and states as follows:

1' I am a registered voter in Morris Township and amLcompetent to make this affidavit.

2' I submit this affidavit as an individual whose provisional ballot in the November S,2llgGeneralElection was not counted as being ..unsealed."

3' on November 5,2019,I went to my polling location to vote and was informed by a poll workerthat, in order to vote in-person, I would have to do so through provisional ballot.

4' I was informed that I was to be given a provisionial ballot because I had been previously sent amail-in ballot, which I never used.

5' After filling out my ballot in private, I attempted tc, seal my ballot but was unable to do so, as theglue could not keep the envelope closed,.

6' I inquired with the poll worker who was assisting rand was instructed to give them the envelope,unsealed, which I did.

7 ' I was never informed by the poll worker that failture to seal the envelope would result in thedisqualification of my ballot.

8. I feel strongly that my vote should not be disenfranchised duecontrol and believe my ballot should be opened and counted.

to circumstances outside of mv

9' At no point did I ever observe anyone (poll worker or otherwise) attempt to tamper with or openmy ballot, or otherwise violate the secrecy of the voting procoss.

I do solemnly declare and affirm under the penalties <lf perjury and upon personal knowledge thatthe contents of the foregoing affidavit are true and correct. I am aware that if any of the foregoing

Sworn before me this tlA"y of Decemb er,2019.

By: :i;---- O. nJ*r^r,^.A-#. rn-7 - -+- lo-*

(Affix Notary Stamp Here)

MyC;emn@l


EXHIBIT H



EXHIBIT I



EXHIBIT J



EXHIBIT K



EXHIBIT L



EXHIBIT M



EXHIBIT N



EXHIBIT O


AT'FIDAVIT OF'


couNTY OF MORRTS )

$lL'l'+nnru 's/e ' ' -- , of full age, being duly sworn, deposes and states as follows:

1' I am a registered voter in Morris Township and arn competent to make this affidavit.

2' I submit this aflidavit as an individual whose proviisional ballot in the November s,2llgGeneralElection was not counted as being..unsealed.',

3' on November 5, 2019,I went to my polling locati.on to vote and was informed by a poll workerthat, in order to vote in-person, I would have to do so through provisional ballot.

4' I was informed that I was to be given a provisional ballot because I had been previously sent amail-in ballot, which I never used.

5' After filling out my ballot in private, I sealed my ballot without issue and returned the completedand sealed ballot to the poll worker who was assisting and who took possession of it.

6' I feel strongly that my vote should not be disenfranchised due to circumstances outside of mycontrol and believe my ballot should be opened and counte,d.

7 ' At no point did I ever observe anyone (poll worker or otherwise) attempt to tamper with or openmy ballot, or otherwise violate the secrecy of the voting prr)cess.

I do solemnly declare and affirm under the penalties rof ps4,uy and upon personal knowledge thatthe contents of the foregoing affidavit are true and correct. I am aware that if any of the foregoingstatements made by me are willfully false, I am subject to punishment.

Sworn before me this llday of December,20l9.

(Affix Notary Stamp Here)

My Comnnission Expit'es:

-T---^ D - 1-/ a; J'! nc


EXHIBIT P


AFFIDAVIT OF


couNTY OF MORzuS )- t o I R rc'l , of full age, being dlrly swom, deposes and states as follows:

Il ' I am a registered voter in Morris Township and am competent to make this affidavit.

2' I submit this affidavit as an individual whose proviisional ballot in the November 5,2llgGeneralElection was not counted as being.ounsealsd.,'

3' on November 5, 2019' I went to my polling location to vote and was informed by a poll workerthat, in order to vote in-person, I would have to do so through provisional ballot.


5' After filling out my ballot in private, I sealed my ballot without issue and returned the completedand sealed ballot to the poll worker who was assisting and who took possession of it.

6' I feel strongly that my vote should not be disenfranchised due to circumstances outside of myconhol and believe my ballot should be opened and counted.

7 ' At no point did I ever observe anyone (poll worker or otherwise) attempt to tamper with or openmy ballot, or otherwise violate the secrecy of the voting process.

I do solemnly declare and affrrm under the penalties ,of perjury and upon personal knowledge that

:T,:::"_:r::,if:l*t"g,,:Te:tl are true and correct. r am awareirrat irany of the foregoingstatements made by me are willfully false, I am subject to puni

Sworn before me this tauy of Decembet2}l9.

(Affrx Notary Stamp Here) tWBY: "'sn-ro^ p, 6Je-<cins

ft-l{te*7 - t*-lc--M


EXHIBIT Q


AFF'IDAVIT OF


cor_rNTY OF MORRTS )

personal knowledge thatif any of the foregoing

(Affix Notary Stamp Here) -,.-/DJ' T--- D. 1fo.'^r;^-h{rFrruu7 - -}-- l-*

Nanrt{6'*la Fgrns , of full age, being d,uly swom, deposes and states as follows:

1. I am a registered voter in Morris Township and am competent to make this affidavit.

2. I submit this affidavit as an individual whose prov.isional ballot in the November S,20lg GeneralElection was not counted as being o.unsealed.',

3' On November 5, 2019,I went to my polling locatiion to vote and was informed by a poll workerthat, in order to vote in-person, I would have to do so through provisional ballot.


5' After filling out my ballot in private, I sealed my brallot without issue and returned the completedand sealed ballot to the poll worker who was assisting and who took possession of it.

6. I feel strongly that my vote should not be disenfi:anchised due to circumstances outside of mycontrol and believe my ballot should be opened and counted.

7. At no point did I ever observe anyone (poll workerr or otherwise) attempt to tamper with or openmy ballot, or otherwise violate the secrecy of the voting process.

I do solemnly declare and affirm under the penalties of perjury and uponthe contents of the foregoing affidavit are true and correct. I am aware that

Sworn before me this ld-duy of Decembe\2019.

My


EXHIBIT R



EXHIBIT S



GENOVA BURNS LLCRajiv D. Parikh, Esq. (032462005)Matthew S. Oorbeek, Esq. (073242013)494 Broad StreetNewark, NJ 07102(973) 533-0777

JARDIM, MEISNER & SUSSER, P.C.Scott D. Salmon, Esq. (152162015)30b Vreeland Road, Suite 100Florham Park, New Jersey 07932(973) 845-7640

Attorneys for Petitioners/Plaintiffs,New Jersey Democratic State Committee, Morris County Democratic Committee,William “Bud” Ravitz. Nancy Berns, Robert A. Agrusti,Odette Eiger, Linda Koch, Alicia Benjamin-Stennett,Alexandra Stennett, and Angel Vega

NEW JERSEY DEMOCRATIC STATE COMMITTEE, MORRIS COUNTY DEMOCRATIC COMMITTEE, WILLIAM “BUD” RAVITZ, NANCY BERNS, ROBERT A. AGRUSTI, ODETTE EIGER, LINDA KOCH, ALICIA BENJAMIN-STENNETT, ALEXANDRA STENNETT and ANGEL VEGA,

Petitioners/Plaintiffs,

vs.

HONORABLE ANN F. GROSSI, in her official capacity as Morris County Clerk; MORRIS COUNTY BOARD OF ELECTIONS, JOHN/JANE DOE, in their capacity as an election official based in Morris County, New Jersey responsible for any part of the November 5, 2019 General Election,

Respondents/Defendants.

SUPERIOR COURT OF NEW JERSEYLAW DIVISION: MORRIS COUNTY

Docket No.: MRS-L- -19

CIVIL ACTION

ORDER


THIS MATTER having been presented to the Court by Genova Burns LLC and Jardim,

Meisner & Susser, P.C., attorneys for petitioners/plaintiffs New Jersey Democratic State

Committee, Morris County Democratic Committee, William “Bud” Ravitz. Nancy Berns, Robert

A. Agrusti, Odette Eiger, Linda Koch, Alicia Benjamin-Stennett, Alexandra Stennett, and Angel

Vega, and the Court having considered Petitioners’ Application for an Order requiring that certain

ballots cast during the November 5, 2019 General Election for Township Committee be counted,

the Court having considered the papers and arguments made by counsel, if any, and good cause

having been shown;

IT IS therefore, on this day of , 2019 ORDERED as follows:

1. The unsealed provisional ballots, unsealed mail in ballots, and the ballot rejected for a

“signature mismatch”, all cast during the November 5, 2019 General Election for the

Morris Township Committee, be counted by the Board of Elections;

2. An appropriate certificate of election be issued declaring the winner of the race following

the counting of these votes;

3. In the alternative, ordering that the election be set aside and that a re-run election be held.

J.S.C.


Civil Case Information Statement

Case Details: MORRIS | Civil Part Docket# L-002576-19

Case Caption: IN THE MATTER OF NJ DEMOCRATIC

STATE COMMITTEE

Case Initiation Date: 12/05/2019

Attorney Name: MATTHEW S OORBEEK

Firm Name: GENOVA BURNS LLC

Address: 494 BROAD ST 6TH FL

NEWARK NJ 07102

Phone: 9735330777

Name of Party: PETITIONER : NJ Democratic State

Committee

Name of Defendant’s Primary Insurance Company (if known): None

THE INFORMATION PROVIDED ON THIS FORM CANNOT BE INTRODUCED INTO EVIDENCECASE CHARACTERISTICS FOR PURPOSES OF DETERMINING IF CASE IS APPROPRIATE FOR MEDIATION

Do parties have a current, past, or recurrent relationship? NO

If yes, is that relationship:

Does the statute governing this case provide for payment of fees by the losing party? NO

Use this space to alert the court to any special case characteristics that may warrant individual management or accelerated disposition:

Do you or your client need any disability accommodations? NOIf yes, please identify the requested accommodation:

Will an interpreter be needed? NOIf yes, for what language:

Please check off each applicable category: Putative Class Action? NO Title 59? NO

I certify that confidential personal identifiers have been redacted from documents now submitted to the court, and will be redacted from all documents submitted in the future in accordance with Rule 1:38-7(b)

12/05/2019Dated

/s/ MATTHEW S OORBEEKSigned

Case Type: OTHER Election Petition

Document Type: Petition

Jury Demand: NONE

Is this a professional malpractice case? NO

Related cases pending: NO

If yes, list docket numbers: Do you anticipate adding any parties (arising out of same transaction or occurrence)? NO



Documents

GENOVA BURNS LLC JARDIM, MEISNER & SUSSER, P.C. · 2019-12-06 · GENOVA BURNS LLC Rajiv D. Parikh, Esq. (032462005) Matthew S. Oorbeek, Esq. (073242013) 494 Broad Street Newark,