PARSIPPANY — Former Parsippany-Troy Hills Mayor James R. Barberio has filed a motion in Superior Court seeking reconsideration of a judge’s decision that dismissed his legal challenge to the November 4, 2025, Parsippany mayoral election.
The motion, submitted on January 9, asks the court to reverse its December 23, 2025 order dismissing the election contest and a subsequent January 8, 2026 order that denied Barberio’s request for counsel fees while awarding costs to Mayor Pulkit Desai.
Barberio’s filing argues that the court applied the wrong legal standard when it dismissed the election contest at the pleading stage, contending that New Jersey election law does not require a candidate to prove allegations before discovery, testimony, and a trial are permitted.
According to the motion, election contests are governed by statute and are intended to proceed quickly to a hearing where evidence can be compelled and evaluated. Barberio asserts that the court’s dismissal deprived him of the opportunity to call witnesses, obtain election records, and present testimony necessary to determine whether illegal votes were counted or legal votes were rejected.
Central to Barberio’s argument is reliance on a New Jersey Supreme Court decision arising from the closely contested 2005 Parsippany mayoral election. In that case, the Court ruled that election contest petitions may be filed “upon information and belief” and should not be dismissed for failing to include evidence that can only be obtained through discovery or trial. The motion maintains that the same legal error rejected by the Supreme Court two decades ago was repeated in this case.
The election contest raised several claims, including allegations of improperly counted mail-in and provisional ballots, voters allegedly denied the opportunity to cast valid ballots, irregularities involving mail-in ballot tracking, and issues related to under-votes and over-votes. Barberio contends that these claims were dismissed based on a merits analysis rather than a determination of whether the petition met the statutory threshold to proceed to a hearing.
The filing also emphasizes the broader public interest in election contests, arguing that courts act as legislative agents in such matters and are tasked with determining the voters’ true will. Barberio asserts that dismissing the case without a plenary hearing undermines public confidence in the electoral process, particularly in a closely decided municipal election.
The motion asks the court to reinstate the election contest, allow amendments to the petition if necessary, permit discovery, and schedule a plenary hearing or trial under New Jersey’s election statutes. It also seeks reversal of the award of attorney’s fees and costs.
The matter is before Superior Court Judge Noah Franzblau in Morris County. No ruling has yet been issued on the motion for reconsideration.
