Superior Court Urged to Uphold Constitutional Right to Recall Amid Ballot Deadline
the staff of the Ridgewood blog
PARK RIDGE, NJ – A recall effort to remove Park Ridge Board of Education member Robert Fisher has now reached the Superior Court of New Jersey, following a highly contested decision by the Bergen County Clerk that disqualified over 2,100 valid petition signatures — a move recall supporters say undermines the New Jersey Constitution and the fundamental rights of voters.
The recall committee submitted 2,141 voter signatures, more than 700 above the number of votes Fisher received when he was elected. Initially, the Bergen County Clerk advised via email that the petition pages did not have to be notarized. Acting in good faith, the committee followed these instructions.
However, after Fisher challenged the petition citing the absence of notarization, the Clerk reversed course and upheld his objection, discounting the petition on procedural grounds. The committee argues this reversal, based on misleading official guidance, effectively disenfranchises over 2,100 Park Ridge voters.
“This is more than a bureaucratic misstep — it’s a denial of a constitutional right,” said a spokesperson for the recall committee. “Article I, paragraph 2(b) of the New Jersey Constitution guarantees the right of voters to recall elected officials. To void over 2,100 signatures due to a clerical technicality is to remove that right entirely.”
Legal precedent in New Jersey supports the principle that the will of the voter should not be overturned on hyper-technical grounds, particularly when citizens have acted in reliance on guidance from election officials.
The recall committee has asked the Superior Court to take up the case immediately, noting the urgency due to the imminent ballot printing deadlines for the upcoming election cycle. If the court does not act quickly, voters may be denied the chance to weigh in on Fisher’s performance — which many describe as absent, unaccountable, and disconnected from the needs of Park Ridge students and families.
“This is a time-sensitive matter requiring immediate intervention of the court to ensure that the recall election can appear on this November’s general election ballot, and thus to ensure that voters will not be silenced.,” the spokesperson continued. “Our application to the court asks the judiciary to uphold the constitutional rights of Park Ridge residents and allow this recall to proceed.
The committee remains confident that the Superior Court will prioritize the case and uphold the democratic principles at stake.
“This is a time-sensitive matter. If the court delays, the recall cannot appear on the ballot — and voters will be silenced,” the spokesperson continued. “We are calling on the judiciary to defend the constitutional rights of Park Ridge residents and allow this recall to proceed.”
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https://newjerseyglobe.com/local/park-ridge-school-board-recall-is-back-on/
The people’s voice shall never be silenced.
My congrats go out to the Recall Committee, and their legal team and supporters, as well as to the 2,141 voters who signed the Petition to Recall Robert Fisher.
This is a huge positive step, which, while not yet totally a done deal, brings us much closer to being rid of a major source of division and real harm to the Park Ridge community.
I do hope that when the petition is finally certified by the County Clerk, Mr. Fisher will do the right thing and bow out gracefully by resigning is seat effective immediately, rather than facing the humiliation of being formally recalled by the voters of Park Ridge.
I also commend the County’s lawyer, Paul Kaufman for being humble enough to admit that he made a mistake by advising the County to reject the Recall Petition. He may have given poor advice, but he’s apparently a class act.
The Court has spoken – AND has now denied a stay application by Fisher’s lawyer.
https://dailyvoice.com/nj/hamilton-township/lawsuit-filed-against-njs-youngest-boe-member-county-clerk-after-recall-petition-tossed/ (n.b. this article doesn’t yet reflect the denial of stay, but I’ve seen the order).