CAPE MAY COURT HOUSE - Several West Wildwood residents, including former Mayor Christopher Fox, came before the Cape May County Board of Elections on Tuesday morning to ask the board to investigate a case of potential voter fraud.

Attorney Mary D'Arcy Bittner told the board that her clients believe that the mail-in ballot cast by Christian Donley should not have been counted.

"Does Christian Donley live where he voted from," Bittner said. "No."

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Bittner, joined by Christopher Fox, his wife, Debbie Fox, and Commissioner Scott Golden, came to the board to ask them to investigate the vote and to involve the state Attorney General's office.

She presented documents obtained during a lawsuit involving the Dec. 7 recall as evidence that Donley didn't live in the borough.

Those documents included apartment leases, employment applications and direct deposit change of address forms belonging to Donley.

Bittner said Donley, whose address on the Dec. 7 recall election ballot was at 1 Venice Ave. in West Wildwood, has been living in Maryland since at least November 2009 following his marriage.

The Venice Avenue home belongs to Mayor Herbert Frederick.

Frederick was not at the Tuesday board meeting, but in a phone interview Tuesday he said Donley is a student at a firefighting school in Maryland and still uses the Venice Avenue address while in school, something he said was common practice for students.

"He doesn't vote anywhere else. He's a student going to school out of state," Frederick said.

Frederick said Donley cast the mail-in vote in the December recall while visiting the county for the Thanksgiving holiday.

"He filled it out while he was here," Frederick said.

Frederick said no voter fraud had been committed.

"They're pursuing this is more about their dislike or disdain for me than it is anybody's right to vote," Frederick said.

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