A state appeals court on Thursday upheld a ruling that recall petitions are not required to be notarized.
Robert Fisher, a 20-year-old school board member in Park Ridge, challenged the legality of a recall effort because petition signatures were not notarized. The appeals court affirmed Superior Court Judge Peter Geiger’s ruling that recall petitions can be submitted with a simple affidavit.
“The purpose of the affidavit portion in the statute is to ensure to the best of the committee’s ability that the signatures are valid, true, accurate and comport with the intention of the statute,” the judges ruled. “Here, we conclude the clear language in the collector’s statement on each page of the petition meets the intention of the statute and provides an appropriate attestation to the truthfulness of the statement signed by the collectors.”
Judges Stanley Bergman and Kay Walcott-Henderson issued the ruling the day after motions were filed in the case.
Bergen County Clerk John Hogan initially tossed out the recall effort, saying the lack of a notary meant the signatures were invalid.
Fisher can resign by Friday afternoon to avoid the recall election. He can still appeal to the New Jersey Supreme Court.
Fisher, who attends Vanderbilt University, has faced allegations that he’s missed 30% of meetings this year, isn’t available to attend community events, and doesn’t serve on any school board committee. Fisher has said he’s spent thousands of dollars commuting back to New Jersey due to his public duties. His opponents accuse him of residency issues as well: His family moved out of Park Ridge after his high school graduation, and he rents a basement apartment in town for $10 per month.
Fisher has said the recall effort “reeked of lies and age discrimination.”
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