Election hearing rescheduled
BY MELISSA KARSH Staff Writer

SEA BRIGHT - A hearing on the validity of the Sea Bright mayoral election results has been rescheduled for a second time.

The hearing was originally scheduled for Jan. 30 but was pushed back to Feb. 21. The newly scheduled hearing will take place Feb. 29 at 2:30 p.m. before state Superior Court Judge Robert A. Coogan in Freehold.

Former Sea Bright Mayor JoAnn Kalaka-Adams, a Republican, is challenging the election-night results that gave longtime Democratic Councilwoman Maria D. Fernandes the mayor's seat.

Kalaka-Adams contested the results with a Dec. 13 filing in state Superior Court after a Dec. 4 recount upheld Fernandes' election-night win over the former mayor by three votes.

"What's going to be heard on Feb. 29 is our motion to dismiss the election contest, so it's not going to be the full-blown hearing with all the voters," said Fernandes' attorney, Paul Josephson, of HillWallack, Princeton. "We're going to be arguing to the judge that the case should be dismissed because Ms. Kalaka-Adams did not post a bond when she filed for an election contest and that's required by the law."

According to Josephson, the bond is for the face amount of $500 and the commitment to pay all the costs associated with the contest if Kalaka-Adams' petition fails.

Kalaka-Adams is being represented by election law attorney Timothy Howes, of Raritan, who did not return calls by press time.

Fernandes was sworn in as Sea Bright mayor Jan. 1 and has since assumed mayoral responsibilities, including presiding over the Jan. 5 Borough Council reorganization meeting and the Jan. 15 regular meeting.

Kalaka-Adams attended the Jan. 5 reorganization meeting, where she stepped down as mayor, although officially her term had ended Dec. 31, according to Assistant Borough Clerk Suzanne Branagan.

A

ccording to Sea Bright Republican

Party Chairwoman Marianne McKenzie, Kalaka-Adams challenged the results because two people tried to vote on Election Day but were not permitted to and six votes were allowed that should not have been or were allowed improperly.

Josephson said he and Fernandes would continue to defend the voters who have been challenged by Kalaka-Adams and said they are reluctantly prepared to challenge voters who were supporters of Kalaka-Adams, also on residency grounds.

Another avenue Josephson said he is prepared to explore is the residency status of Kalaka-Adams herself.

He said she has two residences in Sea Bright and may not be registered at her primary residence.

"We're just trying to get this issue worked out so we figure whether or not to proceed," Josephson said of the filing of the latest motion to dismiss the election challenge.