The Monmouth County Republican Committee (MCRC) has filed an Order to Show Cause against New Jersey Secretary of State Tahesa Way seeking to compel the State to issue rules and regulations regarding the collection of ballots in the upcoming general election and to forbid the counting of ballots that are received by Boards of Elections after election day and without postmarks.
Filed in Monmouth County Superior Court this afternoon, the suit alleges that Secretary of State Way is legally required to issue rules, regulations, guidelines and “appropriate standards” for the 2020 general election and has failed to do so. Way was ordered to issue the rules, in consultation with County Boards of Elections, but Governor Murphy’s Executive Order No 177, which compelled the mail-in ballot election, and codified into law by the legislature amending Title 19 in August.
Specifically, the MCRC asks the Court to compel the Secretary to issue guidelines for determining who is “disabled” and can vote by machine, as provided in the Title 19 amendment and how election officials can determine that a person allowed to vote by machine has not or will not also cast their paper ballot by mail or drop box.
Additionally, the MCRC asks the Court to compel the Secretary to issue rules governing the security of drop boxes designated for ballot drop off throughout the state, for the procedures for collecting ballots from those drop boxes and guidance for the enforcement of the Bearer Law which limits the number of ballots a voter can handle to three plus their own.
Finally, the MCRC asks the Court to invalidate E.O. 177 and the codifying legislation’s provision that ballots received by Boards of Elections up to 48 hours after the close of polls be counted if they do not have a postmark indicating they were mailed on or before Election Day, November 3.
This provision would allow voting to occur after the polls close on Election Day, the MCRC alleges, in violation of federal law that requires that all elections for federal office occur, with specified exceptions, on the first Tuesday after the first Monday of November in the year that the election is occurring.
The suit, which can be viewed below, was filed on behalf of the MCRC by Jason Sena, Esq of Cutolo Barros LLC if Freehold.civilCaseSummary.xhtml_