BY JOHN SNYDER
OF PASCACK PRESS
WESTWOOD, N.J.—Superior Court Judge Estela M. De La Cruz has ordered that Democratic Councilman-elect James Whelan not be sworn into office prior to a decision on an election challenge filed by Republican Councilman Ray Arroyo.
In her order of Dec. 27, De La Cruz noted that the parties had indicated scheduling conflicts around the holidays, and said a pre-hearing conference on Arroyo’s petition was not possible until the new year.
On Nov. 6, Whelan won by four votes the seat held by two-term Councilman Arroyo. Following a recount that Arroyo demanded, Whelan’s win stands by a lone vote, 2403-2402.
Now Arroyo is challenging mail-in ballots, saying his team had “identified a good number of votes…cast by voters who were seemingly ineligible to vote in the Borough of Westwood.”
Arroyo told Pascack Press he is not alleging election fraud but rather is looking into whether mail-in voters “made innocent mistakes” stemming from election rule changes Democratic Gov. Phil Murphy signed this year.
In her order, De La Cruz said seating Whelan would do more harm than good for the time being.
“James Whelan shall not be seated or otherwise sworn into office for the seat involved in the Nov. 6, 2018 election in the Borough of Westwood until the verified petition of Raymond Arroyo is resolved by this court or until Mr. Whelan is otherwise permitted to address all issues pending before the hearing and to case manage the hearing,” De La Cruz wrote.
Asked for comment on Arroyo’s challenge just after it was filed, Whelan said “This is Ray’s decision. I’m going to let him speak for it.”
On Nov. 9, Whelan told Pascack Press that pedestrian safety, increasing access to government meetings, and pressing the fight against the opioid epidemic are among his top priorities.
“I can guarantee that I will always put the residents of Westwood first, and never put the needs of any one person above the rest, regardless of how much property or wealth they might own,” he said.
Also in the election, Democratic challenger Jodi Murphy defeated Republican incumbent Alyssa Dawson, 2,604-2,295, sweeping the “Always Westwood” team.
The mayor and council meet at the Westwood Municipal Complex, 101 Washington Ave. Their sine die meeting is Jan. 2 at 6:30 p.m., with their reorganization meeting at 7.
Their first regular public meeting of 2019 is Jan. 15 at 8 p.m.
Mayor John Birkner Jr. told Pascack Press that committee appointments would wait until after the election was settled.