In this appeal, the court reversed the trial court's decision permitting three write-in votes to be counted in the February 15, 2025 Toms River Board of Fire Commissioners, District No. 1 election. Petitioner Michael Hopson was an unsuccessful candidate for a position as a fire commissioner. The trial court's decision changed the election results from a tie between Hopson and defendant Anthony Cirz to Cirz winning by one vote. The court held the trial court misapplied N.J.S.A. 19:49-5, because the plain language of the statute prohibits the counting of a write-in vote for any person who is a candidate listed on the ballot.
The court affirmed the trial court's decision not to count mail-in ballots that were deficient and incapable of being cured. Thus, the court remanded the matter for entry of an order for a run-off election between Hopson and Cirz for the one open seat.