Just five votes separate three candidates for the two seats: Democrats Linda Boniface (1,544) and Michael Warren (1,543) lead Republican Perrin Mosca (1,539).
Mosca has alleged that 15 votes were cast illegally by individuals who were not residents of Roselle Park at the time and an additional 11 votes were improperly disqualified.
Additionally, the Republicans are challenging 34 ballots cast from an assisted living facility in Rochelle Park that were delivered to a drop box, exceeding the legal limit of three per messenger.
“These votes are sufficient to change the election results,” said Judge Estela De la Cruz. “I cannot conclude that anyone could be allowed to take office until this situation is resolved. “This is enough to change the results of this election.”
Boniface, an incumbent, and Warren were due to be sworn in on January 2. Neither attended today’s virtual hearing.
Deputy state attorney general Dominic Giova was present, but said the state took no position on the delay of the swearing-in until the election challenge can be completed.
The delay does not affect the partisan control of local government. The other three seats are occupied by Republicans.
The court will resume hearing the election challenge on January 15.