By Stephen Appezzato
ATLANTIC HIGHLANDS – The election lawsuit that left the future of the borough’s leadership uncertain came to a surprising end this week. Current Atlantic Highlands Mayor Lori Hohenleitner’s position was confirmed when the suit was withdrawn.
In December, council member James Murphy, who ran against Hohenleitner in November for mayor and lost by a handful of votes, filed a petition challenging the results of the election.
Following a three-day trial, Monmouth County Superior Court Judge Mara Zazzali-Hogan issued her legal opinion April 10. Days later, in a surprising turn of events, Murphy withdrew his petition, putting the matter to rest.
In a statement to The Two River Times, Murphy said his decision April 15 to drop the challenge “was not an easy one to make, but in my heart the right one for the community I love.”
“Throughout this democratic process, it has always been my goal to ensure the integrity of the November 2023 Mayoral Election and voters’ confidence in the results of our local elections. We sought to identify gaps within the current process where improper votes were accepted,” Murphy said.
After narrowly losing the mayorship to Hohenleitner, and following a recount that reaffirmed the election results, Murphy filed a lawsuit alleging some votes were invalid. Murphy’s legal counsel argued some voters did not meet legal residency requirements, while other mail-in ballots did not meet signature requirements and at least one write-in ballot was improperly tallied. The outcome of the election was anyone’s game, as the margin between Murphy and Hohenleitner was just five votes.
“During the course of a three-day trial, it was in fact shown that at least six individuals cast votes in the November 2023 Election that should not have been cast or accepted,” Murphy said, which was reflected in Zazzali-Hogan’s opinion. During the trial, the personal information of 15 voters was submitted as evidence, with some voters summoned to testify regarding their residency at the time of the election.
The opinion also indicated the need for further legal hearings in which voters would be forced by court order to disclose who they voted for, which Murphy did not condone.
Monday’s news came as a surprise, but with the judge’s opinion indicating the court could demand voters reveal their mayoral choices, Murphy conceded.
“I believe the secrecy of an individual’s vote is integral to our democracy and election process. Based upon the Judge’s findings at the conclusion of trial, I feel our community is best served by putting the 2023 election behind us and looking towards the future of Atlantic Highlands,” he said.
Zazzali-Hogan’s opinion said three votes Murphy challenged should be nullified. At the same time, the judge said three votes challenged by Hohenleitner’s defense also should not count.
In a statement Hohenleitner said Monday’s news was a “huge relief” and that she looks forward to “focusing my full attention on my community, moving forward on the important business of
Atlantic Highlands.” The mayor acknowledged the lawsuit was stressful, not just personally, but for other members of the community.
“I’m looking forward to turning the page, but this will be hard to forget. I hope our town will choose to move forward on a healing path. I am very grateful for my family and friends who have been unwavering in their support,” she said.
Murphy said he hoped the lawsuit “influenced a deeper review of voter registration from the board of elections.”
“Though the results of this election will not change into a win for me personally, it is my hope improvements to the system are being taken to ensure no voter is disenfranchised moving forward – making for a win for all,” he said. “Thank you to the many out there for your unwavering support, patience and understanding.”
The article originally appeared in the April 18 – April 24, 2024 print edition of The Two River Times.
