Davis drops Morristown election lawsuit at last minute; Deeb set for third term

Justin Davis and Alison Deeb after November 2015 recount affirmed Deeb’s council victory. Photo by Kevin Coughlin
Justin Davis and Alison Deeb after November 2015 recount affirmed Deeb’s council victory. Photo by Kevin Coughlin
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By Kevin Coughlin

Morristown Councilwoman Alison Deeb finally can breathe easy: Opponent Justin Davis suddenly has decided to drop a legal attempt to overturn his 8-vote defeat last month.

Davis dropped his lawsuit on Monday only a couple of hours before it was scheduled to be heard in Superior Court.

Justin Davis and Alison Deeb after November 2015 recount affirmed Deeb’s council victory. Photo by Kevin Coughlin
Justin Davis, pictured with Councilwoman Alison Deeb after November 2015 recount, has dropped his lawsuit to contest the election. Photo by Kevin Coughlin

“It was a tossup. I decided I was done,” said Davis. “I had time to think about it over the weekend, and talk to family.”

Deeb, a Republican, will be sworn in next month for her third four-year term serving the Fourth Ward.

In legal documents that he said he prepared himself, and filed on Dec. 3, 2015, Davis cited 18 “illegal and improper votes.”

The Democratic candidate had requested that the court either declare him the winner, or call a new election in the Fourth Ward.

Among the mail-in ballots Davis had challenged were those of Jim Kutsch, president of The Seeing Eye Inc., and his wife, Ginger.  The Kutsches are blind.

Earlier on Monday, Jim Kutsch told Morristown Green he was unaware of Davis’ claims.

“Voting at polling places is not accessible to the blind.  I vote by absentee ballot, and always do,” he said.

Davis, who works for state Sen. Richard Codey, said the decision to drop the case strictly was his own. The outcome had been affirmed by a recount last month.

The lawsuit had named Deeb, Morris County Clerk Ann Grossi, Deputy Superintendent of Elections Dale Kramer, and  county Board of Elections officials as respondents.

Going forward, Davis said he looks forward to serving Morristown, either as an elected official or on a town board.

Deeb had expressed surprise and outrage over the lawsuit, which she said attempted to disenfranchise blind voters and senior citizens.

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