Full Story: NJ.com

ELIZABETH — A Superior Court judge today found no evidence of wrongdoing in the Democratic primary in Elizabeth to warrant tossing out the results or ordering a new election.

The decision by Judge William L’E. Wertheimer affirms the victory of Elizabeth City Councilman Joseph Keenan over challenger Armando DaSilva by 20 votes in the Third Ward.

“There is no way that any of us can come up with a credible conclusion that Mr. DaSilva could overcome a 20-vote difference,” Wertheimer said. “Therefore the petition is denied.”

DaSilva and Fifth Ward council candidate Lester Dominguez claimed the Union County Board of Elections improperly allowed Republicans and out-of-district residents to vote in the June 8 Democratic primary. They alleged those practices, along with improperly signed poll books and mail-in ballots, called into question the validity of the election.

Wertheimer said DaSilva and his attorney, Marvin Lehman, had the burden of showing the alleged illegal votes cast would have changed the results of the election or that the board of elections acted in bad faith in handling the contest.

During the three-day hearing in Elizabeth, voters testified they were either Republicans or they lived out of the city and were still permitted to vote in the Democratic primary.

But when pressed under oath to reveal who they voted for, three of them said they could not recall. Others were not asked that question on cross-examination by Lehman, a situation that Wertheimer said prohibited him from discounting their votes.

Wertheimer last week dismissed the case brought by Dominguez, who lost to incumbent William Gallman by 43 votes.

“The judge gave a very thoughtful analysis and the state believes he made the right decision,’’ attorney Barry Solomon said after the decision. Solomon represented the board of elections and its administrator, Dennis Kobitz.

DaSilva said he has not decided whether to appeal.

‘‘I’ve got to give it some deep consideration and look over some of the evidence that the judge didn’t consider,’’ he said.

Lehman claimed it was ‘‘inattention by the election board,’’ not an orchestrated campaign by DaSilva’s opponents, that cost his client the race.