Councilman Jody Levchuk represents the Third Ward.
By DONALD WITTKOWSKI and MADDY VITALE
The losing candidate in Ocean City’s razor-thin Third Ward election withdrew her lawsuit challenging the results, one day before it was scheduled for court.
The decision by Amie Vaules ensures that incumbent Third Ward Councilman Jody Levchuk remains the winner in a race that separated the candidates by a mere two votes, 402-400.
Vaules conceded the election in a statement Monday and also congratulated Levchuk on his win, bringing what was shaping up as a nasty legal fight to an abrupt end.
“My ultimate goal has always been to ensure that Ocean City has the most effective, upstanding government possible. I would like to congratulate Mr. Levchuk on his victory and wish him well representing the taxpayers of the 3rd Ward,” Vaules said in the statement.
Vaules’ lawsuit included allegations that Levchuk’s brother, Randy Levchuk, actually lives in Kenilworth, N.J., not Ocean City, and should not have voted in the May 14 municipal election.
Jody Levchuk angrily denounced the lawsuit, particularly what he perceived to be a “disgusting” personal attack against his brother and his family.
“Today is the day where the pressure and the disgusting fingers that were pointed my brother’s way, saying he doesn’t have a right to have his vote counted here, is over,” he said in an interview.
He added, “What she put my brother through is disgusting. My brother is an honest businessman. He wouldn’t cheat. This proves that even to her, that you had it wrong. This should be a lesson to everybody, unless you have real proof, don’t do this.”
Throughout the election dispute, Levchuk had repeatedly said that his brother is “domiciled” in Ocean City and has a long history of living and voting in town.
Paul Baldini, Vaules’ attorney, indicated that questions about Randy Levchuk’s residency may not be over.
“Jody’s brother’s residency may be litigated in the future,” Baldini said.
Levchuk maintained that Vaules’ decision to drop the suit clears up any allegations she had made against his brother.
“I am so glad that she came to realize that her allegations about my brother are completely unfounded, unwarranted and an invasion of privacy. I am extremely disappointed that it didn’t go to court,” Levchuk.
Then-Third Ward candidate Amie Vaules, left, turns in her nominating petitions in March.
The election dispute was scheduled to be heard in Cape May County Superior Court on Tuesday before Judge Michael Blee. However, attorneys representing both sides agreed to withdraw the litigation.
Another key allegation in the lawsuit was that two mail-in ballots that Vaules claimed were in her favor were improperly rejected by the county Board of Elections and not included in the official vote count.
“I initially contested the election due to the closeness of the results, with only two votes separating us. I believed that two mail-in ballots, which were not included in the official count, were intended to support my candidacy. These two votes could have resulted in a tie. To ensure the accuracy of the vote count, I requested a review of the election results,” Vaules said in her statement.
Baldini said one mail-in vote was received by the Board of Elections seven days after the election, one day later than the statutory deadline allows.
Baldini said the voter actually mailed in the ballot in mid-April, but Vaules’ campaign was unable to determine why it was apparently held up in the mail for so long.
“Late is late and late doesn’t count,” Baldini said of the mail-in ballot arriving at the Board of Elections one day later than allowed.
There was a question about the validity of the voter’s signature on the second mail-in ballot that had been rejected by the Board of Elections.
Baldini explained that a “cure letter” was sent to the voter questioning the signature. However, the voter never responded to the cure letter, so the vote was not allowed.
Levchuk said he never had any doubt that the Board of Elections followed proper procedures.
“I knew that I won from the moment that the county clerk certified the county election because I believe in that process here,” he said. “Between our county clerk and all of our volunteers who came on Election Day to support our democratic process, I knew that on the day of the results it was done. I believe in the process, and I believe I won.”
