There is only a seven-vote difference between delcared freeholder winner Melissa DeCastro and Democrat challenger Charles Hassler.
SALEM -- Testimony began Monday to determine whether several ballots from the Nov. 3 General Election that were initially disqualified should be allowed to be counted.
If the ballots -- both provisional and mail-ins -- are allowed in, they could potentially change the results of a very tight race for a seat on the Salem County Board of Chosen Freeholders.
Republican Melissa DeCastro has been certified as the winner with her seven vote margin over Democrat challenger Charles Hassler.
Superior Court Judge David Morgan is hearing the case at the Salem County Courthouse. Indications from the judge were that the process could potentially stretch into next week and witnesses could include municipal clerks, poll workers and even the voters whose ballots are at issue.
At issue is whether to allow eight provisional ballots and nine mail-in ballots that were initially disqualified by the Board of Elections, potentially changing the results of the election.
Attorney Michael J. Miles was representing Hassler and attorney Mark B. Shoemaker was appearing on behalf of DeCastro. Senior Deputy Attorney George N. Cohen was representing the state and the Board of Elections.
"Everything they did, I find the board followed the state (election) statue properly," Cohen told Morgan.
The initial focus Monday was on provisional ballots which arrived from one Penns Grove and two Salem City polling places in unsealed bags.
Shoemaker argued that the "chain of custody is critical."
He said he "was not saying there was fraud," but questioned municipal clerks transporting ballots alone in unsealed bags from their respective towns to the Board of Elections in Salem.
He said "voters have done everything they were asked to do, but the system broke down."
Miles countered that state statue dealing with elections says when a provisional ballot shall be rejected but arriving in an unsealed bag is not among them.
He said state laws attempt to enfranchise as many residents as possible while ensuring the integrity of elections.
Tossing the ballots in question would only serve to disenfranchise them, he argued.
The action to not count the provisional ballots in question was a 2 to 1 decision. Democrat Board of Elections Commissioner David Crescenzi has voted to allow the provisional ballots to be counted while the two Republican commissioners, Dana Mulligan and Scott Hourigan, voted to reject them.
Democrat Commissioner John Burke was not present election night at the Board of Elections office in Salem when the votes were counted because his wife, Salem County Surrogate Nikki Burke was on the ballot.
The first witness called Monday was Renee Buehler, the Democrat registrar at the county Board of Elections.
Under questioning she explained the process of how provisional ballots are handled at the polls, their transportation to the Board of Elections and how the ballots in question had been handled since the Nov. 3 election.
A locked metal box was in the courtroom containing the ballots at issue, including the provisional ballots in three bright orange bags.
At request, Republican Board of Elections registrar Peggie Kramme joined Buehler at the witness stand and the two cut the lock on the box.
Buehler then opened one of the bags showing the contents to the judge including the seals that are supposed to be affixed before the bags leave polling places.
Before testimony began, Morgan denied a motion by Shoemaker to preclude testimony on the provisional ballots.
The court will also focus on nine mail-in ballots which were disqualified mainly beccuse of signature issues.
Testimony was scheduled to continue in the afternoon.
Initially on election night, Nov. 3, there was an 11-vote margin between Decastro and Hassler with DeCastro in the lead. After the other provisional ballots were counted on Nov. 4, that lead was cut to seven votes.
When that two-day retabulation was completed on Nov. 24, DeCastro and Hassler each had gained a handful of votes, but the margin between them still remained at seven --DeCastro with 5,990 and Hassler with 5,983, elections, officials said.
DeCastro is scheduled to be sworn in as a freeholder at the board's reorganization meeting late Wednesday afternoon at the Old Courthouse in downtown Salem.
County officials said last week plans for that event are still on despite the latest move by Democrats.
Republicans last year held a 5 to 2 majority on the board. With DeCastro joining, that margin will be 6 to 1.
Bill Gallo Jr. may be reached at bgallo@njadvancemedia.com. Follow South Jersey Times on Twitter @TheSJTimes. Find NJ.com on Facebook.