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Democrats Prevail in Springfield Recount Lawsuit

In judge's ruling on case, Margaret Bandrowski wins election by three votes.

The lawsuit over Springfield's 2012 election has ended with Democratic candidate Margaret Bandrowski for Township Committee holding her seat by a three-vote margin.

James Foerst, the attorney for Republican candidate Jerry Fernandez, argued that because of the extraordinary circumstances surrounding the election—namely the consequences of tropical storm sandy—the results were unrepresentative of the will of the people.

"There was a superstorm," he said during the case. "It was unprecedented. It's clear we have a unique circumstance."

After alleging that people were voting illegally, he said the election in Springfield had either an "incorrect" or "indeterminate" vote.

Attorney Bob Renauld, representing Bandrowski, argued against the case on several grounds, but particularly chafed against Foerst's characterization of the election as a miscarriage of electoral intent.

"He's here for a defeated candidate who wants an office he wasn't elected to," Renauld said.

While Foerst was able to reduce Bandrowski's already slim margin of victory from four to three, he ultimately could not persuade Union County Judge Lisa Chrystal to order a second election. One vote previously thrown out for having non-matching signatures was reinstated after testimony proved that the voter's signature changed because she suffered from the degenerative medical condition Multiple sclerosis. His arguments concerning non-residents voting illegally in Springfield were not successful, however. 

Speaking after the verdict was read on Thursday, Jan. 31, Fernandez said that while he would not seek to appeal the verdict he believed the court case was necessary. 

"Im ok with it," Fernandez told Patch. "I think that under the circumstance of the elction, it had to be done. At the end the difference turned out to be only three votes. We owed it to both sides to be done correctly."

Bandrowski said she was happy the court action was over.

"I am very, very relieved and very exhausted," Bandrowski told Patch. "The minute the judge gave the ruling I realized I was holding my breath. 

 

a fan February 03, 2013 at 07:30 PM
and here i thought i would read something worthwhile.... out of the 14 comments, half were posted by the same two people - i say you exchange phone numbers and call each other up and have a normal conversation about this, instead of a conversation on this site
Kevin M February 04, 2013 at 01:27 PM
Amen
Springfield Neighbor February 04, 2013 at 05:28 PM
The Bob and Bart Road Show ! The story of 2 pathetic men with nothing better to do than post gripes about anything and anyone in Springfield. PLEASE take your show BACK on the road. No one here cares about your inane opinions.
BART FRAENKEL February 04, 2013 at 06:00 PM
It certainly takes a special type of person to hide behind an anonymous name and speak poorly of others. You are very special. While I don't agree with Marc's opinions, at least he has the courage to identify himself.
Bob Groder February 18, 2013 at 02:35 PM
Ditto as bart says lol. If all of you so called Ziad fans are posting under fake or assumed names explain to me why the turf field boondoggle error made by the BOE and land use lawyer from 2012 will cost the town of Springfield over 1 million in undeveloped land never mind the tax money that will no longer come in? Its front page news right in the local source. Ill be glad to hear your dissenting opinions. Right now ALL CITIZENS in springfield are on the hook for this lost income the township will no longer bring in. I will never shut up when I am paying taxes and disagree with anyone who runs this town incorrectly. This turf field was rushed through without the proper research on the land swap deal and now we all will be paying for it. I also Give Bart credit. At least he has been a mayor and on the board trying to work to help the township of Sprinfield & posts as himself. Instead you haters simply choose to bash us both which I find amusing. Also I give Marc credit as he does post as himself. Bart is right on that too. Most of you I could care less who you are if you dont post as a real name.

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