northjersey.com

PATERSON (June 8, 2017) -– Evidence in the marathon trial over alleged voter fraud in Paterson’s 2nd Ward election last year raised doubts about the validity of some of the mail-in ballots, according to the deputy state attorney general who is monitoring the case.

In a 38-page legal brief, Deputy Attorney General Alan Stephens cited apparent violations in New Jersey’s vote-by-mail rules as well as instances in which people who were listed as voting through the mail-in process testified that they do not believe they cast ballots.

But Stephens did not say whether he thought the problems were extensive enough to nullify a hotly contested election that Shahin Khalique won by a 1,401-1,381 margin over the incumbent, Mohammed Akhtaruzzaman.

That decision remains up to Superior Court Judge Ernest Caposela, who has scheduled a hearing in the case for Friday afternoon.

Back in September, when the trial started, Caposela called the case a “quagmire” and said, “We’ll be trying this case until next June.” But the case could go on longer than that, depending on what happens Friday.

The case had about 10 court sessions in September, followed by sporadic trial dates after that. The proceedings have been on hold, pending the submission of legal arguments by both sides, since March.

Khalique has served as the city’s 2nd Ward Councilman while the voter fraud trial featuring dozens of witnesses has unfolded. His rival, Akhtaruzzaman, won the seat four years ago in controversial fashion when his initial election was nullified because he failed to meet the city’s residency time requirement. Akhtaruzzaman then won a special election six months later after enough time had passed for him to comply with the residency regulation.

Mail-in ballots gave Akhtaruzzaman his margin of victory in 2012 and proved to be his downfall in 2016. Khalique garnered 1,010 mail-in votes last year, representing more than two-thirds of his total. Akhtaruzzman accumulated 523 mail-in votes.

The handling of the mail-in ballots has been at the heart of Akhtaruzzaman’s attempt to oust Khalique.

“The number of witnesses’ testimony that they did not cast a vote in the election, but the records of the Superintendent of Elections indicate that votes were cast and counted on behalf of these individuals, casts serious doubt on the validity of those votes,” wrote Stephens, the deputy attorney general. “Consequently, the votes may be disqualified if the court is satisfied that someone other than the registered voter cast a vote in the election constituting fraud in the process.”

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