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November 8, 2007
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Mayor's oath of office on tap until at least Nov. 13
County Board of Canvassers, county clerk must certify results
BY PATRICIA A. MILLER Staff Writer
Although the results of the hotly contested Brick Township mayoral race are history now, the new mayor can't be sworn in until next week at the earliest.

The soonest the winner could take office would be Nov. 13, when the county Board of Canvassers and Ocean County Clerk Carl W. Block certify the results.

And that's assuming there are no challenges to the election results, questionable absentee or provisional ballots or calls for a recount, Block said.

"One would hope that no matter who wins, that the margin is large enough for that not to happen," he said.

The results of the bitter race between Republican Township Council President Stephen C. Acropolis and Democrat Mayor Daniel J. Kelly were not available Monday night, when the Brick Bulletin goes to print.

Normally, the Board of Canvassers and Block would certify elections the Monday following Election Day. But since Nov. 12 is Veterans Day, a state and county holiday, the certifications won't take place until next Tuesday, Block said.

The loser in the race will have until Nov. 16 to file for a recount, he said.

But even if the results are certified early next week and the winner is sworn in to office, it may not end there.

The loser could still challenge the results in court, after the swearing in, Block said.

The loser could also file an emergency relief petition with the courts, to bar the winner from taking the seat, he said.

"It could halt the swearing in, if a judge approves," Block said.

Acropolis and Kelly both ran for the remaining two years on former Democratic Mayor Joseph C. Scarpelli's term.

Scarpelli won the 2005 mayoral election over Acropolis by 184 votes. Scarpelli, who was elected to an unprecedented four terms as mayor, resigned abruptly last Dec. 8 for what he said were "personal reasons." One month later, he pleaded guilty in federal court to accepting bribes from an unnamed developer. He is slated to be sentenced on Dec. 17.

Kelly was appointed by the GOP-controlled Township Council to take Scarpelli's place on Jan. 4, until a mayoral election could be held in November.