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“Suppression” Suit Memory Suppression

Jim Bean sent me a copy of all the papers from the “voter suppression” lawsuit brought by the state Democratic committee against him, Mike Seebeck, Joy DeSanctis, Carmine DeSanctis, Eugene Clapsis, Katrina Clapsis and the Monmouth County Board of Elections.

Click on the image to view the documents in Google drive.Screen Shot 2015-12-16 at 4.27.27 AM

He also passed along some notes from one of the attorneys in the case:

…the Judge agreed with the defendants that N.J.S.A. 19:15-18, the statute under which the NJDSC filed the suit, allows for challenges based upon domicile and the use of mail in ballots. That statute’s bar to basing challenges upon “expected manner of casting a ballot” does not apply to challenges to mail in ballots that have already been submitted, as was the case here. The Court also agreed with our position that the Statute did not give the NJDSC a cause of action in State Superior Court, only in Municipal Court. (we note that the 1 year statute of limitations has run for municipal court). The Court also disagreed with the NJSDSC argument that the Statute required invalid votes to be counted if a challenge had been based upon an improper factor.

The Democrats’ lawyers wanted invalid votes to count if the way they were discovered to be invalid was improper (which it wasn’t.)  That’s really nutty.

I don’t know if you guys remember how this stunt went down but it was pretty terrible and part of a pattern of using the courts to intimidate the administration’s critics.

The defendants in the case were concerned that something funny was going on with hundreds of messenger ballots delivered to Freehold by people associated with D’Jais.  This suspicion was based on evidence such as this:

twitterAnd this:DJAIS

What campaign can sit still and watch the other side engage in this sort of activity?  So Jim and the others challenged the votes that were delivered by D’Jais.

Understand that the only way to have illegal absentee votes challenged is to challenge them before they are counted.  When the ballot comes in to Freehold it has a detachable flap with the voters’ information.  Once the eligibility of the voter is verified, the flap is removed.  The vote is tallied later but at that point there is no way to know who it came from.  The votes must be challenged before the identifying flap is removed.  Bean and the others challenged the votes a few days before the election, while they could still tell who they came from.

The Democrats went to court and charged the challengers with voter suppression and spread their misinterpretation of the law all over the radio, newspapers and in flyers over the weekend before the election.

The misinterpretation was that the law forbids challenging “based on the expected manner of voting”.  But the law means based on whether the challenger thinks the votes are for one party or one candidate or the other.  That’s why it says “expected”.  It doesn’t mean the manner in which the votes were delivered.  That wasn’t expected.  They were already delivered.  The method was known.

Joining in spreading the smear against Jim was Tom Burke, who in a Facebook post on November 3 said things like this:

I though (sic) as a Marine that he fought for our right to vote, and for our voice to be heard………..think about it………It was just not right to make blanket challenges.

And this:

This cannot and should not be allowed. There are very specific rules or reasons to challenge a vote, and this in no way comes close to meeting those guidelines.

Anyway the judge back then at election time threw out the Belmar Democrats’ complaint, but the Dems later enlisted the state party to file a complaint in early 2015.  That is the one Superior Court Judge Gummer dismissed last week.

I wanted to remind you of some of the things that were published at the time on the Democrats’ Facebook page and on that mysterious anti-Common Sense blog “Belmar View”.


Screen Shot 2014-11-16 at 8.14.30 PM

“Belmar View” no longer exists but internet archive research revealed this:

Click on it to see the whole page.Screen Shot 2015-12-16 at 6.42.15 AM

This post sat at the top of that blog for months.

To see what the Democrats said at the time on their Facebook page, I scrolled down to look at 2014.  Except for two posts on November 2, all of 2014 is gone!  So is much of early 2015, when their lawsuit was filed.  The screenshot below starts in April 2015 and, as you know, with Facebook as you scroll down you go back in time.

Screen Shot 2015-12-15 at 5.34.27 PMScreen Shot 2015-12-15 at 5.38.56 PM


I stumbled onto one of the Facebook posts they pulled down when, during my research, I Googled “Belmar voter suppression lawsuit”.

Screen Shot 2015-12-16 at 7.02.13 AM

I can explain why they pulled down references to the “voter suppression” lawsuit.  They lost the suit and don’t want people to be reminded of it.  But why is all of 2014 gone?

BTW, in the future it will be impossible to challenge hundreds of D’Jais-delivered votes.  The reason is because of the messenger ballot abuse reform signed into law earlier this year.  In last month’s election D’Jais turned in fewer than 100 votes.  As a result of the new law, many of the “voters” challenged in 2014 did not vote in 2015.


  1. Anonymous wrote:

    Malicious prosecution.

    Wednesday, December 16, 2015 at 8:21 am | Permalink
  2. DJais Drunkard wrote:

    Don’t hate on the homies. We can win in NY, NJ and WORLLDWIIDDE – ooh what a rush – let’s get them jager shots boyyyyyy

    Wednesday, December 16, 2015 at 9:39 am | Permalink
  3. Voter wrote:

    Burke is out of touch with reality. He continues to be misinformed and quick to judge. He just wants to try to be relevant which he is not. I think the man is not thinking clearly and should be quiet.

    Wednesday, December 16, 2015 at 10:33 am | Permalink
  4. legion wrote:

    That large campaign sign with the pictures of Doherty and Brennan was illegal, too big according to sign ordinance, but never removed after the infraction was pointed out. Above the law, those people. I think of Alfred E. Neuman and the “What, me worry?” slogan.

    Wednesday, December 16, 2015 at 11:39 am | Permalink
  5. Anonymous wrote:

    Mayor take a long look at the original lawsuit. THAT is what a frivolous lawsuit looks like.

    Wednesday, December 16, 2015 at 2:39 pm | Permalink
  6. Anonymous wrote:

    According to mktg 101 any impression leaves a mark.

    Wednesday, December 16, 2015 at 5:03 pm | Permalink
  7. Jim Bean wrote:

    If anyone is curious of the fallout between the Belmar “R”s and Tom Burke, Tom’s actions on this matter was the straw that broke the camel’s back. When Clair Deicke’s Democrats attacked me with their lies and usual disgusting slime, Burke showed his true character and ran into the open arms of Doherty 3 days before the election telling everyone I was the wrong choice for mayor. Here he is quoted from Facebook “Maybe the lesson here is to not vote by mail, you might find out too late that you may have made the wrong choice”.

    Burke made the conscious decision that backing his party (the Republicans) was to much to swallow because we legally challenged the D’Jais voter mill. He would rather stand with the man who gave no bid contracts to his wife’s clients at 3X the going rate, stole $10k in gift cards, increased Belmar’s debt from $19 to $50 million, broke everyone’s (except Burke’s) civil rights by stealing from the beach utility, is over the top ethically challenged. This is the type of man Tom Burke is impressed with. This is the man he supports and stand with. This is also the man that gave Tom Burke a seat on the planning board.
    And Tom Burke wants you to trust him for his values and vote for him.

    Wednesday, December 16, 2015 at 5:21 pm | Permalink
  8. Jim-‘Tis the season to be jolly…..fa-la-la-la-la……la-la-la-la…….Merry Christmas to you and your family…

    Wednesday, December 16, 2015 at 6:52 pm | Permalink
  9. Tom Burke wrote:

    I agree with Mrs. Deicke. A season to be Jolly. I will respond to Mr. Bean’s comments after the first of the year on my own page.

    Thursday, December 17, 2015 at 6:10 am | Permalink
  10. the grinch wrote:

    Bad is good, good is bad. May the Belmar Dems and their allies receive coal in their stockings this month. Be jolly now, as the day of reckoning will be harsh, harsh to the Borough’s taxpayers and, if there is justice in this world, the hoodwinking scoundrels who run the Borough will be voted out, one by one. Happy Festivus.

    Thursday, December 17, 2015 at 12:39 pm | Permalink
  11. #10-The Grinch-“It’s beginning to look a lot like Christmas……everywhere you go……”Happy Holidays to you and your loved ones….may the New Year bring all good things to you….

    Thursday, December 17, 2015 at 1:13 pm | Permalink
  12. Love the Beach wrote:

    Ms. Claire. happy to you and all that post here. Very nice of you to deflect with lyrics, that it may appear that no matter our views regarding the political atmosphere in Belmar, County, State or Federal issues we are all somewhat on the same page, at least this time of year. However, I have wondered about your views regarding the state of affairs here in Belmar. I am a Dem, for now anyway, and have an open mind and encourage those with a point of view, other than mine to express it. This blog is a wonderful example of an open forum with a myriad of views. Some get a tad carried away with personalities and, I guess, is perhaps understandable in a small community. Anyway, as I have read , you have been an active member of the community but will only post when your name is mentioned. Why? I invite you to post and explain to me and others why we should “follow the leader” when this Mayor and Governing Body seem to disregard any and all logic that slaps them in the face. Lawsuits, etc. Where is this going? What will our taxes be like? I am very serious typing this. And, please, don’t insult me by asking me to meet you somewhere. The posters on this blog have become cyber associates whether I agree with them or not, we all deserve a response. If this Governing Body is unwilling to do that, and it appears that they are, perhaps you might be willing to enlighten us as to the good shape Belmar residents are in with the upcoming 2016 calendar and continuing.

    Saturday, December 19, 2015 at 12:48 am | Permalink
  13. I love the beach too! Always happy when summer rolls around…why would I be insulting you if I ask you to meet me for coffee, or whatever-adds a personal touch.your message to me isn’t as caustic as some…. so there’s no reason for you not to reveal yourself…glad you have a fellowship with those who comment on this blog..that said, I worked closely with Mayor Doherty during my tenure as councilwoman-found him to be an individual who placed the needs of his constiuents first and foremost-his governing style is warm and open-he’s done more works of kindness than one can imagine..(when I mentioned this once before on this blog an anonymous commenter mocked my words)..recently Matt told me of another ramp he wants to help build for a resident who is in need of one….why do I support him? I think that’s your question-taxes have been stable for several years, the downtown is flourishing, people are moving into Belmar at an impressive rate (supported by info about real estate in a recent edition of the Coast Star). It’s my sense that people have confidence in the community due to the way we came back from Hurricane Sandy. As to the law suits-most shore communities (not just Belmar) use the beach utility to fund salaries of employees who work at the beach..seasonal workers and regular staff…I agree with that practice…Mayor is always looking out for the taxpayer……I see nothing objectionable about this practice…continuing “to enlighten you as to the good shape Belmar residents are in”.. we have many activities for residents of all ages-several of which are new to the town with this administration……from senior lunches to summer camp for children to activities for physically and intellectually disabled….in my opinion, these are happenings that highlight the Doherty administration.Colleen Connolly and her staff were very much involved in assisting me and others kick off Paint The Town Pink (breast cancer initiative) last year..they went above board in their assistance with this month-long event in May…also, I have great confidence in our chief financial officer-there is none better than Robbin…..I trust her judgment and her wisdom…I also like the manner in which this administration is constantly seeking ways of bringing revenue to the town-shared services, outreach, etc. The DPW does a fantastic job….for exmaple…..I have family in sections of northern Monmouth County….so I’m on the road in that direction often-streets are overrun with leaves for several weeks-but not here in Belmar-have you noticed how quickly our streets/curbs are cleareed? snow removal is the same story-Mike Campbell and his crew do an amazing job…police.also, are always at the ready to assist-one neighbor told me that she was having a problem and the police arrived at her home in moments of her call….my husband and I have resided in Belmar for nearly 50 years-we’re in the same house that we came to right after we were married-we’ve always been happy-never a problem or complaint with the Pringle administration or other governing bodies…on a final note-i’m not using lyrics to deflect anything-I’m in the spirit of the holiday-the Grinch needed some Christmas cheer-as did Jim-just trying to spread the joy!May you and your family experience the blessings that this season has to offer…..(if you wish more examples of why “I follow the leader” I’ll be pleased to oblige-I hear tell some visitors of this blog resent my long replies-well, in this case……it was needed to respond to your question(s))….Merry Christmas! Claire (

    Saturday, December 19, 2015 at 11:20 am | Permalink
  14. the grinch wrote:

    Jingle bells, jingle bells…
    Come to Belmar now.
    We will have union jobs,
    Deals galore for paying players.
    Come to Belmar now.
    Drink some beer
    And get wasted,
    Give away the store
    To profit a few.
    Yes, come to Belmar now.
    Joy to the World…

    Sorry, I made no attempt to rhyme.

    Saturday, December 19, 2015 at 2:45 pm | Permalink
  15. Kevin Bacon wrote:

    To shorten #13: all is well.

    Saturday, December 19, 2015 at 9:01 pm | Permalink
  16. Anonymous wrote:

    person of Interest interested?

    Saturday, December 19, 2015 at 10:20 pm | Permalink
  17. madame snark wrote:

    I want to know who will step up to become the next mayor of Belmar? In other words, “Who will rid us of this troublesome … mayor?”

    Saturday, December 19, 2015 at 10:37 pm | Permalink
  18. madame snark wrote:

    Speaking of “bacon” – #13 is as happy as a p** in *h**. All is well.

    Saturday, December 19, 2015 at 10:41 pm | Permalink
  19. # 18-Madame Snark-Actually, I’m happier than what you so crudely describe-especially this time of year…Merry Christmas! (Madame Snark AKA Ms Perspicacity ?)

    Sunday, December 20, 2015 at 1:10 pm | Permalink
  20. madame.snark wrote:

    #19 You flatter me. Merry Christmas.

    Sunday, December 20, 2015 at 4:29 pm | Permalink
  21. Anonymous wrote:

    The only thing suppressed in this town is resident voter’s voices on election day(s).

    Coal in your stockings, yes?

    Sunday, December 20, 2015 at 4:32 pm | Permalink
  22. niccolo' wrote:

    The Ides of March is coming

    Sunday, December 20, 2015 at 7:35 pm | Permalink
  23. niccolo' wrote:

    “Vir dicendi peritus” vs “Vir bonus dicendi peritus” is the criteria to determine 2016 and 2017. No more double talkers need apply.

    Sunday, December 20, 2015 at 9:34 pm | Permalink
  24. Tulip wrote:

    It might be easier for the non double talkers if you spoke in English.Those of us would than know what you are talking about and those that do double talk won’t care anyway. I just do not want to miss anything. Thank you.

    Tuesday, December 22, 2015 at 8:10 pm | Permalink
  25. Anonymous wrote:

    Swindle: to take money or property from (someone) by using lies or tricks, like “Buy a Board” Christmas presents to rebuild the BOARDWALK.DOUBLE TALK BY SKILLED SPEAKER = SWINDLER

    Thursday, December 24, 2015 at 8:28 am | Permalink

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