Record 9/24:

As reported in today's Record, an Appellate Judge ruled on Friday to send Teaneck Assemblywoman Loretta Weinberg's case back to Superior Court where the judge will have to reconsider the status of the five uncounted votes. Inclusion of these five ballots -- all of which were cast for Weinberg -- would put her over the top for both the interim seat and the November ballot spot. See today's Record or click on http://tinyurl.com/cvvxc for the item at the Record's http://www.Bergen.com web site (registration required).

Appellate court favors Weinberg Saturday, September 24, 2005 By SCOTT FALLON STAFF WRITER

After a week of legal wrangling, Assemblywoman Loretta Weinberg, D-Teaneck, may still have a shot at Byron Baer's vacated state Senate seat.

A state appellate panel on Friday sent her election case back to Superior Court Judge Peter Doyne, who refused to count five disqualified votes that could have given her the victory over Hackensack Police Chief Ken Zisa.

The panel reversed Doyne's ruling that the Bergen County Democratic Organization's more stringent filing deadline for county committee voters superseded the state's own deadline.

The five votes in the Sept. 15 county committee special election were disqualified because the voters' names were not forwarded to party leaders at least 30 days before a special election. But state law says only that voters who are appointed within seven days of a special election can be barred.

The self-dubbed "Tenafly Five" - all of whom said they voted for Weinberg - were appointed in June.

Zisa won, 114-110, to fill Baer's seat through November and 112-111 to be on the Election Day ballot.

The appellate panel also said Doyne erred when he declined to interfere in an internal party conflict.

Doyne had not scheduled another hearing as of late Friday afternoon.

The panel ruled that the printing of ballots in the 37th District must be delayed until the hearing.

Weinberg called the ruling "a huge win."

"Judge Doyne has to decide was there a meeting and were these five members" appointed, she said. "They're good, honest people who didn't have their paperwork together. It's a very big win."

Zisa said he will meet with his attorneys to figure out what to do next. "Obviously, we disagree with the latest ruling," he said.

E-mail: fallon@northjersey.com Copyright © 2005 North Jersey Media Group Inc.

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