KMC Partner Michael L. Collins successfully represented Park Ridge school board member Robert Fisher and obtained dismissal of a recall petition filed against him.
The recall committee filed recall petition signatures pursuant to the Uniform Recall Election Law, N.J.S.A. 19:27A-1 et seq.
On behalf of Fisher, Collins argued that the petition was invalid because it was not notarized or submitted under “affidavit” as provided in the statute. Collins further argued that this defect could not be cured because N.J.S.A. 19:27A-11 provides that petitions failing to comply with the law “shall be void.”
The Bergen County Clerk agreed with Collins’ arguments and rejected the recall petition against Fisher.
Collins’ representation was referenced in several news articles covering the recall effort:
County nixes Fisher recall effort—petition wasn’t notarized – Pascack Press
“This decision vindicated New Jersey’s requirement that recall petitions be submitted under oath, which is the only way to ensure election integrity,” explained Fisher’s attorney, Michael L. Collins, who, like Fisher, was also elected at age 18 to his local board of education.
Bergen school trustee files challenge to recall bid by critics who say he left town – Northjersey.com
Fisher met the Friday, Aug. 22, deadline to file a challenge with the Bergen County Clerk’s Office, with a letter from his lawyer saying recall proponents hadn’t gotten their petitions properly notarized. That renders them invalid, attorney Michael Collins said in an Aug. 20 letter to the county.
. . .
In the challenge letter, Fisher’s attorney said that, according to New Jersey’s Uniform Recall Election Law, each page of a recall petition must be “signed by circulators under affidavit” and that the petition must contain a “notary block requiring that the circulator’s signature be ‘[s]worn and subscribed to before’ an individual.’”
“The Recall Petition fails to comply with the statutory requirement that the circulators complete a signature under oath and affidavit,” Collins said in the letter. “Based upon the applicable law, this is a defect that cannot be cured, and the Recall Petition must be rejected by the County Clerk.”
Recall of young Bergen school board member tossed – New Jersey Globe
A 20-year-old Park Ridge school board member who attends college in Nashville will avoid facing a recall election this year because organizers of the effort to remove him from office never had their petitions notarized.
That means Robert Fisher, who was elected two years ago at age 18, might not face voters again until next year, if he decides to seek re-election.
. . .
Fisher credited State Sen. Holly Schepisi (R-Park Ridge) and Assemblyman John Azzariti (R-Saddle River), and his attorney, Michael Collins, with helping him navigate the recall effort.
Michael L. Collins is managing partner of KMC’s Red Bank office and maintains a New Jersey election law practice in all areas including recalls. He may be contacted at (732) 546-3670 or mcollins@kingmoench.com.
Recent Comments