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Wildwood recall petition goes to court

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July 15, 2009

WILDWOOD, New Jersey: Earlier this week, Cape May Superior Court Judge Raymond Batten heard preliminary arguments from lawyers on both sides of the Wildwood recall petition; a petition that seeks to recall Mayor Ernie Troiano Jr. and Commissioner Bill Davenport. Petitioners took the petition to the Superior Court after City Clerk Chris Wood declared the petitions void, citing that through verification several of the signatures had to be eliminated because they either were not valid, had multiple signatures, did not fill the forms correctly, etc. Additionally, Daniel Gallagher, the recall committees attorney, said that when the committee first filed intent to recall the city instructed them to collect 615 signatures. Later, Wood noted that the signature requirement was incorrect and should have been higher, 697.[1]

This week, Gallagher argued that the petitioners had no reason to believe Wood, the city clerk, was incorrect when he told them 615 signatures were required. However, Colin Bell, the attorney representing Bill Davenport, said that that does not excuse the fact that the state law is clearly stated in the New Jersey Constitution. "You can't change the rules of the game. The rules of the game require 697 signatures," Bell said.[2]

The court is expected to rule on the issue this Friday.

See also

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* Ernie Troiano and Bill Davenport recall, Wildwood, New Jersey, 2009