Background of the Lawsuit
Mark Demo, co-founder of Citizens for NJ Election Integrity, has filed a lawsuit against Cherry Hill Township and its Records Custodian, Patti Chacker, alleging violations of the New Jersey Open Public Records Act (OPRA). The central issue is the township's refusal to provide access to surveillance video footage from ballot drop boxes used during the2024 General Election.
Plaintiff’s Claims
Demo argues that Cherry Hill improperly denied his OPRA requests, citing his interest in election integrity and transparency. He seeks footage from drop boxes at two locations: the Township Municipal Building and Camden County College’s Rohrer Campus, covering the period from September 23 to November 5, 2024.
Township’s Defense
Cherry Hill Township refused Demo's request, asserting exemptions under OPRA statutes related to security and surveillance. Specifically, they contend releasing the footage would reveal surveillance system capabilities, potentially compromising security at public facilities.
Demo’s Response to Defense
In his reply, Demo highlights critical distinctions between his request and previous court decisions. He emphasizes that the requested footage specifically pertains to ballot security and election transparency, not general surveillance measures. Demo also pointed out other municipalities, such as Gloucester and Pennsauken Townships, have provided similar video access without security compromises, strengthening his argument for transparency.
Furthermore, Demo's counsel argues for the applicability of a common-law right of access, suggesting even if OPRA exemptions were valid, public interest in election integrity significantly outweighs the township’s security concerns.
Next Steps in the Case
The next step in this case is an Order to Show Cause hearing, scheduled for June 4, 2025, before the Superior Court in Camden County. The court will consider arguments from both sides, including the merits of Demo's claims and Cherry Hill Township's security concerns, and determine whether the township must release the requested video footage.
