A Statement by Mercer County Freeholder Sam Frisby

Frisby

BY SAM FRISBY

I am making a statement referencing an article written about me on New Year’s Eve that alleges I am under investigation for an election issue. I want to clarify some of the facts, including that at this
moment I have not been informed by any law enforcement agency that I am under investigation.

During the November election, I was attempting to be a good neighbor and was the bearer of three ballots for an entire family quarantined due to COVID-19. As the bearer, I delivered the ballots directly to the Board of Elections rather than dropping them in an official ballot drop box. In order to be fully transparent, I requested that a supervisor at the Board of Elections come up front to disclose that I
was the bearer of this family’s ballots.

The Board of Elections official took the proper steps in having me sign the register to log in the ballots. Both officials, elections worker and supervisor, acknowledged that one of the ballots belonged to Luis and sent their condolences for Aubrey’s loss. The supervisor later reviewed the legal statute regarding a person who has died after voting and determined Luis’ ballot was ineligible; therefore, would not be counted.

When Luis’ widow inquired of me as to why his vote had not been posted as acceptable, I sought the answer from the Board of Elections official and was directed to NJSA 19:63-21. That statute states an
individual who has forwarded a mail-in-ballot but has died, can only have their vote counted if they die on the day of election after the polls have opened.

After reading the statute, I agreed with the Board of Elections’ finding and in fact sent a letter thanking them a week after the election. My letter was received and acknowledged by the then Chair of the Board of Elections. As the bearer, I essentially was acting as the mail carrier for a grieving family in need.

Sam Frisby is a Mercer County Freeholder.

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