WEST WILDWOOD — By the end of this month, a judge will decide if the borough should accept a petition that would have had voters decide if the town’s regular May election should be moved to November.

The borough’s elections have been held in May every four years, but passed an ordinance to change the date after the 2010 state law that allow towns with nonpartisan elections to remain nonpartisan and hold elections in November.

Wildwood and Wildwood Crest have already gone forward with moving their May elections to November. In Wildwood, city voters approved a nonbinding referendum by an overwhelming majority to move the election.

The new date would save the borough money, increase voter turnout and would also extend the terms of those currently in office by six months.

Mayor Herbert Frederick and Commissioner Gerard McNamara approved the ordinance, but Commissioner Scott Golden and some residents, including former Mayor Christopher Fox, opposed the move.

Fox submitted a petition to Clerk Richard Carter seeking to put a stop to the ordinance, but Carter was advised by borough Solicitor Paul J. Baldini that the ordinance was not subject to referendum.

Fox then filed a lawsuit seeking to have the borough accept the petition.

According Fox’s attorney Mary D’Arcy Bittner argued in court papers that Fox was entitled to submit a petition, which would have suspended the ordinance and required that the May election go forward.

Linwood attorney Joseph M. Scott, who represents the borough, argues that the Walsh Act, which the town operates under, allows that ordinances that take effect immediately are not subject to referendum.

US District Court Judge Jerome B. Simandle is expected to decide the matter on Feb. 21.

 

Lauren Suit can be e-mailed at This e-mail address is being protected from spambots. You need JavaScript enabled to view it or you can comment on this story online at shorenewstoday.com.