PARSIPPANY — A Superior Court judge on Tuesday dismissed a legal challenge to the Parsippany-Troy Hills mayoral election, ruling that former Mayor James R. Barberio failed to present factual evidence supporting claims of voting irregularities. The decision clears the way for Democrat Pulkit Desai to assume office in January.
In a written ruling issued December 23, Superior Court Judge Noah Franzblau dismissed Barberio’s verified election contest with prejudice, meaning it cannot be refiled. Franzblau also ordered Barberio to pay the prevailing candidate’s legal fees.
“(Barberio) has not provided either a certification or affidavit from any voter asserting that they did not execute and cast their ballot,” Franzblau wrote.
Desai defeated Barberio by 80 votes in the November 4 general election.
Allegations Rejected by the Court
Barberio, the Republican incumbent, filed multiple post-election actions seeking a recount and recheck. Earlier petitions were dismissed by another judge for procedural defects, including failure to meet statutory deadlines. Barberio later filed a verified contest alleging that illegal votes were counted, legal votes were rejected, and irregularities occurred with mail-in, provisional, and in-person ballots.
Among the claims were:
- Alleged signature mismatches involving 33 provisional ballots and 122 mail-in ballots
- Assertions that ballots were cast in the names of deceased voters
- Arguments that mail-in ballots missing required inner envelopes should have been counted
Judge Franzblau rejected those claims, finding that Barberio relied largely on allegations made “upon information and belief” and failed to submit sworn statements from any voters asserting their ballots were improperly cast, rejected, or forged. At oral argument, Barberio’s attorneys acknowledged they had not obtained statements from any of the voters named in the complaint denying that they voted.
Mail-In Ballot Rules Upheld
The court also ruled that election officials properly rejected mail-in ballots lacking inner envelopes, citing New Jersey statutes requiring signature verification. Without the required envelopes, Franzblau wrote, boards of election are legally prohibited from counting those ballots.
Claims that undelivered sample ballots were evidence of illegal voting were likewise dismissed. The judge noted that returned sample ballots can occur for routine reasons such as voter relocation or postal issues and do not, on their own, demonstrate fraud or misconduct. In several cases cited by Barberio, the identified voters did not vote at all.
Parsippany Focus previously published the names of individuals listed in the election lawsuit. Following publication, the outlet received numerous calls from residents who expressed concern about being included in the article and strongly asserted that they had legally cast their ballots. Several callers stated they were upset that their names appeared in connection with the legal challenge and emphasized that they properly participated in the election.
Attorneys’ Fees Ordered
Under New Jersey election law, courts may award attorneys’ fees when an election contest lacks evidentiary support. Desai’s attorney, Raj Parikh, has been directed to submit a fee application within ten days.
Desai is scheduled to be sworn in as mayor on January 3.
