Judge Makes Final Decision On Atlantic City, NJ Council Election

New Jersey Superior Court Judge Michael Blee has revealed his decision regarding Viana Bailey’s contest challenge versus Atlantic City Councilwoman LaToya Dunston.

First a little background about Blee, who New Jersey Chief Justice Stuart Rabner selected (Blee) to lead the Atlantic/Cape May Vicinage, effective March 1, 2022.

Blee succeeded Judge Julio L. Mendez, who retired after more than 10 years as assignment judge, and 20 years on the Superior Court bench.

About Blee, Rabner said at the time of his promotion that, “The Atlantic/Cape May Vicinage will remain in capable hands under the leadership of Judge Blee, a talented and fair-minded jurist with a wide range of legal experience,” said Rabner.

Many were surprised that Blee decided to reopen the closely contested Atlantic City 2nd Ward election between incumbent LaToya Dunston and challenger Viana Bailey.

It has already been decided in favor of Dunston by just 4 votes.

Blee has spent the past three weeks crafting his decision.

Unless Bailey appeals Blee’s decision, this contest phase is over once and for all.

Blee’s decision was announced during the late afternoon of Friday, April 5, 2024, on the exact day that Blee previously advised that he would announce his decision.

Blee’s decision in denying Bailey’s motion is comprehensive, it’s 42 pages long and covers these 5 areas:

1. The Court hereby DENIES Petitioner's motion for summary judgment and Respondent's motion for cross-summary judgment for the reasons set forth in this
   Memorandum of Decision.
2. The Court hereby DENIES Petitioner's request to revoke and invalidate the certificate of election of Latoya Dunston as the Democratic Candidate for Second Ward Councilmember of the City of Atlantic City and to name Viana Bailey as the winner of the Democratic nomination for Second Ward Councilmember of the City of Atlantic City.
3. The Court hereby DENIES Petitioner's request for a special election for the office of Second Ward Councilmember of the City of Atlantic City and DENIES in the alternative Petitioner's request to declare the office of Second Ward Councilmember of the City of Atlantic City vacant and order the Atlantic City Democratic Municipal Committee to fill the vacancy.
4. Thus, this Court holds that Respondent Councilwoman Latoya Dunston shall be CONFIRMED in her election victory and subsequent swearing-in as the duly elected Councilwoman for the Second Ward in Atlantic City.
5. A copy of this Order shall be served on all counsel in this litigation within seven (7)
   days of its receipt by Plaintiffs' counsel.

Bailey is very closely politically aligned with Atlantic City Mayor Marty Small.

Small took a keen interest in Bailey’s entire contest phase activities throughout this entire process.

SOURCE: New Jersey Superior Court Judge Michael Blee decision - Bailey v. Dunston.