Toms River Fire District No. 1 today landed in quite some boiling hot water.
At their annual fire commissioner election in February, Michael Hopson and Anthony Cirz were declared tie winners with 614 votes each.
Days later, the tally sheet was changed to show that Cirz had won by a single vote.
Hopson immediately filed suit in New Jersey Superior Court in Ocean County alleging that officials secretly changed the vote totals after the certification deadline, giving Cirz an additional vote and eliminating the tie. The complaint names several fire district officials, including Fire District Chairman Daniel Roman and Clerk Robert Krohn, accusing them of conspiring to manipulate the results.
When questioned at an emergent hearing, attorneys for the fire district admitted that after the initial certification of the votes, two additional votes "were found." However they were hard lipped in explaining how and where the additional votes "were found."
Ocean County Superior Court Presiding Judge Craig Wellerson preliminarily agreed that there were appearances of irregularities. Wellerson barred Cirz from acting in the capacity of fire commissioner pending an evidentiary hearing.
Following a 2-day trial however, Wellerson reversed his ruling.
The key point of contention was that there were a handful of write-in votes including for the candidates who were also on the ballot. The Fire District clerk asked the Ocean County Board of Elections whether or not to count the write‑ins. The Board advised their policy was not to count such votes (i.e. they only count write-ins for candidates not on the ballot).
Nonetheless, the Fire District clerk allowed them, citing “no policy” to the contrary. Cirz’s tally thus increased to 616, narrowly edging out Hopson.
At trial, Judge Wellerson held those votes could be counted, finding that the voter who wrote in "Cirz" intended to vote for candidate Cirz. Wellerson noted that "nothing" in the ballot instructions "indicates that if a person's name is printed you cannot write it in." Wellerson further reasoned that he had an "obligation" to "make sure that under these circumstances, the clear intent of the voter is carried out" when there is "no confusion and no fraud." Thus, Wellerson held that the write-in votes should be counted.
Despite ruling in favor of Cirz, Wellerson stayed his ruling pending the filing of an appeal.
In a 39‑page decision released today, a three‑judge panel (Judges Gilson, Firko, and Bishop‑Thompson) found that:
1. Write‑in votes for ballot-listed candidates are void under long‑standing New Jersey precedent and statute.
2. The clerk’s unilateral decision to count the write‑ins - after being advised to the contrary by the Board - was improper.
3. Counting of these votes unlawfully affected the election outcome, leading to a different result than would have occurred under correct administration.
The ruling emphasized that the integrity of elections cannot hinge on administrative errors or policy gaps: “A difference … based solely on the administrator of the election … does not serve the public interest.”
Because discarding the improper write‑in votes reinstates Hopson as the runner‑up with 615 votes, the court has ordered a runoff between Cirz and Hopson to fill the open seat properly, under lawful protocols.
Michael Hopson applauded the decision, calling it a victory for fairness and adherence to election law.
Anthony Cirz may consider appealing to the New Jersey Supreme Court, though no request for intervention has been filed yet.
Ocean County Board of Elections and local fire district officials are expected to collaborate closely to ensure smooth execution of the ordered runoff.
Stay tuned for updates on the date and logistics of the runoff election, and any filings related to further appeals.
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