Former councilman William McKoy, who narrowly lost to Alex Mendez in November, filed a lawsuit on Monday seeking to nullify the outcome of the do-over election.
The lawsuit states 39 legal votes cast for McKoy were rejected by the Passaic County Board of Elections for “various improper reasons” such as mismatched signatures.
31 “illegal votes” were accepted by the Board of Election. 20 of those voters reside in Paterson, but not in the 3rd Ward, rendering them ineligible to vote in the McKoy-Mendez race. 11 votes were accepted from people who live outside of Paterson. They voted provisionally, says the lawsuit.
“As a result of these acts and others, legal votes were rejected and illegal votes were counted sufficient in number to change the result of the election, cast a cloud on the election, and raise sufficient factual basis to declare the election void and invalid,” says the lawsuit.
“The 3rd Ward residents spoke loud and clear twice. We went through two recounts. He lost four times. I don’t know when he’s going to stop,” said Mendez. He suggested his rivals may be using McKoy as a proxy to take him out. “Those people that tried to stop me are using him.”
Mendez alleged McKoy is fighting for his pension and has “special interest” subsidizing his legal expenses.
McKoy did not immediately respond to a call for comment on Monday afternoon.
Mayor Andre Sayegh has been providing succor to McKoy in his battle against Mendez. Mendez said his rivals aim to knock him out before the next mayoral race. Mendez is viewed as a contender in the 2022 race.
Mendez had initially won the race by 9 votes, but his lead extended after a recount in December to 13.
The November special election was a do-over of the May election. A judge nullified the result of the May race because of fraud. Mendez, who has been charged with voter fraud and election fraud, was barred from taking office.
Mendez was able to take office after the November race.
McKoy wants the court to declare him the winner or nullify the results of the election, removing Mendez from office.
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