Settlement could finally decide election outcome Voters give depositions over ballots from fire runoff election BY JESSICA SMITH Staff Writer The battle for a Old Bridge fire commissioner's post in District 2 that was up for election some 10 months ago remains unresolved. Last week, a handful of voters gave depositions in court regarding their absentee ballots, and this week an offer was made for a settlement, but initial reports indicated that candidate Eleanore Walker had rejected the offer. A final decision was expected today. Walker, who initially tied Kevin Kingston in the election but was defeated by a two-vote margin during a September recount, had absentee voters subpoenaed recently in an effort to find out if votes were counted legitimately. "She's fighting for something that she believes she rightfully won, and that's what is driving her at this point," Walker's attorney, Kevin Main, said. Depositions were given Nov. 29 at the Middlesex County Bar Association's offices in New Brunswick. The estimated 18 voters were not questioned about who they voted for, but issues regarding the registration process, chain of custody and whether voters were assisted in filling out their absentee ballots were explored, Main said. "[It's] not necessarily, did someone do something fraudulent, but did somebody do something that created the possibility of fraud," Main said. "In my opinion, are certain of those ballots invalid? Yes." A court conference took place Monday morning to discuss the findings of the depositions, but no resolution was reached, according to Main. The candidates' attorneys met this week in an attempt to bring the ongoing battle to an end. Kingston's attorney, John Pilles, said a settlement offer was made but was rejected by Walker. However, he said he could not go into detail about the terms of the offer. Keith Kemery, first vice president of the Professional Firefighters' Association of New Jersey, said the offer was that one of the board's current commissioners would leave before his term is up in February so that Walker could take his seat, and then run for it next year. Then, Kingston would get the seat from the original election. He said Walker could run, this time with Kingston's support. Kemery said the offer is "an effort to bring some finality to this, and more importantly, bring some stability to the fire department, because it has been in a state of upheaval because of it." If all parties agreed, he said, it would a "win-win." He said he heard that Walker rejected the offer, but then there were reports that she was still considering it. Kingston has asked his attorney to resolve the matter in any way possible so that the subpoenaed voters will not have to go to court any further. He said he saw an elderly man with an oxygen tank who was subpoenaed, and he cited that as a reason why it was wrong to require the voters to appear. No one from Walker's camp was present for the depositions, according to Kingston. "My opinion is that the judge is going to throw the whole election out," Kingston said. "This is do or die for them. Who is going to vote for them now that they've made voters come out and testify? They've deposed these people and they fully intend to have them go to trial, and that's disgraceful." The initial election, which took place in February, resulted in a tie at 311 votes each for Walker and Kingston after an absentee vote for Walker was counted. A run-off in June declared Walker the winner at 441-440 votes. The results of a recount produced the same results. But Kingston then brought a complaint before the Board of Elections, taking issue with more than a dozen absentee ballots that were discounted. When some of the ballots in question were counted, Kingston came out ahead by two votes, at 443-441. The election process has been wrought with allegations of wrongdoing by both parties since its onset. Among them are statements by Kingston that Walker's camp has made false claims about him, including that he would like to see the fire department be changed from volunteer to paid. Kingston said he has proof of electioneering at the run-off election. Firefighters entered the polling place, giving out fliers to sway voters to cast their ballots for Walker, who is a certified firefighter, he said. He also said he was struck twice by the car of one of Walker's supporters in the parking lot during the run-off. Walker could not be reached for comment. "The only thing I can gather from this is, they are afraid of what will be brought to light if I sit on this board of fire commissioners," Kingston said. "I want the public to know what's going on down here." Kingston, who has been a paid firefighter in East Orange for 10 years and holds an accounting degree from Rutgers University, said he is well qualified for the post, but that those on the volunteer firefighters' board of executives would rather not see an outsider among their ranks. Two other three-year seats will be opening on the board in February. "I think they're doing this more to keep me out than to get her in," Kingston said. "I feel very sorry for Mrs. Walker, because I believe the executive board of the volunteer firefighters is behind all this." Kingston said his original hope in running was to become involved in the community he lives in and cares about, and that he had no idea it would come to what it has. "If I knew of the animosity and just the hatred for the paid firemen, I wouldn't have done it."