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: Court hears dispute over election 


: Saturday, June 28, 2003

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: BY DIANE C. WALSH 
: Star-Ledger Staff 

: A lawyer for Assemblywoman Arline Friscia argued in court yesterday there were so many irregularities in the Democratic primary for the 19th District seat that the results should be thrown out. 

: But a lawyer for one the winners, Perth Amboy Mayor Joseph Vas, said there was no proof to the allegations. 

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: Superior Court Judge Yolanda Ciccone will issue a ruling July 8 on whether Friscia can challenge the election. Friscia, a four-time legislator, lost the hotly contested election by 732 votes. Vas and Assemblyman John Wisniewski won the Democratic nomination. 

: Friscia lawyer, David Tykulsker of Montclair, is asking Ciccone for permission to amend a lawsuit originally filed two weeks ago. He said Friscia's campaign staff combed the voting records and found the signatures of 456 voters do not match the signatures in the registration books. Furthermore, he charged 300 voters are not U.S. citizens, and the voter authorization slips could not be found for 298 voters. 

: Frank Capece, a Westfield lawyer representing Vas, said called Tykulsker's arguments "wafer-thin." He said there was no proof to the allegations. Capece faulted Friscia for not having even one affidavit from a voter who said he or she was intimidated at the polls. 

: Karen Ballard, a deputy attorney general representing the Middlesex County Board of Elections, said the state did not oppose Friscia's challenge. But Ballard said a 700-vote difference was a "huge burden" for the Friscia to overcome. To succeed in an election challenge, Ballard said the plaintiff must have affidavits and testimony from voters. 


: Diane C. Walsh covers Middlesex County. She can be reached at dwalsh@starledger.com or at (732) 404-8087. 


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