The Salem County Board of Chosen Freeholders is considering whether to fill the seat vacated by Republican Melissa DeCastro.
SALEM -- Whether or not to fill the vacant on the Salem County freeholder board with an interim member hasn't been decided, according to the board's director.
"At this time we are still researching, getting opinions, reviewing the statutes," Julie Acton said after Wednesday night's meeting.
The decision seems to now be up to the remaining six freeholders or it could be prompted if either of the political parties take some type of action to force the issue.
The vacancy was created after a series of challenges to the Nov. 3 General Election results where it appeared that Democrat Charles Hassler had lost to Republican Melissa DeCastro by just seven votes.
Hassler got a recount and then, after a trial which lasted nearly two weeks, won a court order from Superior Court Judge David W. Morgan to have eight previously disqualified ballots counted.
The result from the Jan. 13 count was a tie and Morgan then, on Jan. 14, ruled the election certificate issued to DeCastro was "a nullity" and the seat was vacant. Tuesday he made his judgment final and denied a request by DeCastro's attorneys that he delay a final judgment to give them time to appeal.
Wednesday night the board approved a series of resolutions which stripped DeCastro of the board committee assignments she had been given just two weeks prior.
"Tonight we followed the judge's decision," Acton said after the meeting. "I feel very confident that no services or departments will see any impact because we have two other sitting freeholders on the committees."
The board will be able to operate with six freeholders instead of the usual seven, Acton said.
The number of freeholders throughout the state varies with some counties with just five or even three board members. A Salem County freeholder earns an annual salary of $25,410, with the director receiving an extra $1,000 a year.
Whether any more legal action will come in the election case is another unknown.
Michael Miles, one of the attorneys representing Hassler, had argued before Morgan Tuesday that the seat be filled on an interim basis and that Democrats decide who gets appointed.
Morgan declined Miles' request.
"I believe the people of Salem County are entitled to a full board of freeholders and they should not have to wait until November for the seat to be filled," Miles said.
Miles did say if the freeholder board decides to fill the seat on its own, there could be a court challenge.
Tim Howes, a member of DeCastro's legal team, said future action on her behalf is still being weighed.
"As far as what is next ... we are going to consider all of our options, but have not made a decision whether we will appeal," Howes said.
Howes hinted that any appeal may center on the provisional ballots that Morgan allowed to be counted that arrived at the county Board of Elections in unsealed bags.
"At this point the only thing crystal clear is that the unexpired portion of the term will be filled at the General Election."
Howes said Morgan acted correctly in rejecting the Democrats' claim that if the seat were to be filled now that the Democrats should do it.
He added that if the board did decide to appoint an interim member, his choice is clear.
"I would love to see Melissa on the freeholder board."
With DeCastro gone, the board is now has a 5 to 1 Republican majority.
In November the seats held by Acton, a Republican and Democrat Lee Ware, the lone minority member on the board, are open. The unexpired term left by the court rulings will also be up to be filled.
On Thursday the county website had been changed and DeCastro's name in the list of freeholders was removed.
The group photograph of the freeholders that had been on the site and included DeCastro had also been switched out, showing just the six current members at a veterans' event.
Bill Gallo Jr. may be reached at bgallo@njadvancemedia.com. Follow South Jersey Times on Twitter @TheSJTimes. Find NJ.com on Facebook.