West Wildwood Outcome Unchanged; Court Challenge Withdrawn

COURT HOUSE — Attorney Jeffery April, on behalf of his clients, candidates Joseph Hickey and Cornelius Maxwell, withdrew the challenge in the West Wildwood municipal election after “it became statistically impossible” to change the outcome in their favor.
When the dust cleared June 16, after nearly six hours of testimony, Dr. Herbert C. Frederick, Gerard McNamara and Scott William Golden remained the borough’s elected leaders. All had previously been sworn to their office.
Nineteen names were called during the Monday trial and of those individual challenges, all were either withdrawn or Superior Court Judge Raymond Batten, who oversaw the proceedings, ruled that the vote remain undisturbed.
At a May 30 court date regarding a delay in municipal organization, April said the election challenge includes procedure used during the May 20 election, action of local officials during the election, and questions about voters’ residency.
However, the majority of testimony dealt solely with voter’s residency. Those subpoenaed were asked to bring documents such as driver’s license, vehicle registration, utility bills and tax records to help prove where they legally could cast their vote.
After the outcome, Maxwell told the Herald that he “put his case in front of the judge, but he didn’t see it my way. I can move on.”
Frederick, the borough’s mayor, said that he was “elated it was all over.”
“Now we can get back to the people’s business,” he added.
McNamara seconded his fellow commissioner’s statements and said that he was “so happy to get back to the job he was elected to.”
The borough seems to have hit multiple speed bumps in the road to elect new officials. The election was initially scheduled to be held May 13, but a storm pushed back that day till May 20.
Frederick, McNamara and Golden were originally scheduled to be sworn in on May 27, following the results of the May 20 election, but instead attended a recount at a warehouse on the grounds of the Cape May Airport. Judge Batten also oversaw the recount.
With all the ballots, including 50 absentee ballots and eight provisional, recounted the results were:
Herbert C. Frederick, 179; Gerard P. McNamara, 160; Scott Golden, 152; Dennis G. Hocker, 148; Cornelius J. Maxwell, 144; Joseph L. Hickey, 141 and Robert Kilgore, 113.
But the dispute didn’t end there.
Candidates Maxwell and Hickey, who ran as a team with Golden, opted to challenge the election itself.
Frederick, McNamara and Hocker also ran under one banner. Kilgore was unassociated with any group.
For more on this story see the Herald’s June 18 print edition.
Contact Suit at: (609) 886-8600 ext. 25 or lsuit@cmcherald.com