24 Primary Ballots in Limbo Over Postal Service Dispute

Two dozen Atlantic County voters who did everything right could still lose their votes because of a bureaucratic standoff between local election officials and the U.S. Postal Service — a dispute that stretches back to the height of the COVID-19 pandemic six years ago.

Atlantic County Board of Elections Chairman Creed Pogue has called a special meeting for Wednesday, July 15, to determine whether 24 vote-by-mail ballots from the June 2 primary election should be counted. The ballots themselves were all postmarked on time, but the voters who cast them never received critical notifications that their ballots needed corrections — notifications that the Postal Service allegedly refused to deliver over an unpaid postage bill from 2020.

A Six-Year-Old Debt Comes Due

The controversy centers on 24 ballot cure letters — official notices sent to voters when their mail-in ballots have deficiencies that need correcting, such as missing signatures or mismatched information. Election officials say these letters were delayed after the Postal Service withheld delivery over an alleged unpaid balance dating back to 2020, when New Jersey conducted its elections almost entirely by mail because of the coronavirus pandemic.

The delay meant voters didn't learn their ballots needed fixing until it was nearly too late. Some cure letters weren't postmarked until after the June 10 deadline, raising the possibility that eligible voters could be disenfranchised through no fault of their own.

Atlantic County Clerk Joseph Giralo has urged the Board of Elections to count all 24 ballots, arguing that the affected voters followed every rule but were undermined by a government error beyond their control.

"These voters did everything they were asked to do," Giralo stated. "They should not lose their right to have their ballots counted because of an administrative failure outside of their control. Every legally cast vote deserves to be counted."

"Official Election Mail" That Wasn't Delivered

Giralo explained that Atlantic County's election offices use envelopes bearing the U.S. Postal Service's recommended "Official Election Mail" designation, and that postal officials had previously assured county officials that election mail would receive prompt handling. Instead, the cure letters were effectively held hostage because of the longstanding postage dispute.

"It's just not fair," Giralo said.

The Board of Elections will consider rejecting three ballots tied to cure letters postmarked after the June 10 deadline while hand-counting those connected to cure letters with timely postmarks. Giralo has indicated he intends to amend the county's certified election results if the Board votes to count the affected ballots.

State Attorney General's Office Weighs In

Adding another layer to the controversy, Deputy Attorney General Andrew Hedin had instructed election officials not to count the newly received ballots. Wednesday's agenda includes a motion to publicly release correspondence between the Board of Elections and Hedin regarding the issue. The move to formally release Hedin's letter will waive privilege, allowing it to be made public for the first time.

The board will also consider any additional action involving the remaining cure letters.

In a statement released ahead of the meeting, Giralo emphasized the importance of public confidence in our election system.

"Our election system depends on public confidence," he said. "When mistakes occur, they must be corrected. I believe the Board of Elections will act promptly to ensure these 24 voters receive the representation they are entitled to under the law."

Wednesday's meeting could determine whether the 24 ballots are included in the certified results from the June 2 primary election or remain uncounted due to Postal Service-related delays. For the voters caught in the middle, it's a reminder that even when you follow all the rules, bureaucratic disputes can still threaten one of our most fundamental rights.