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 Township, 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.
Recent Court Order
On June 4, 2025, Judge Sherri L. Schweitzer issued an order substantially in favor of Demo, requiring attorneys for both parties to meet and confer to identify specific dates when ballots were deposited into the drop box at Cherry Hill Township’s municipal building. The township must provide video footage from one security camera, with permission to redact images of individuals not depositing ballots. For all other dates between September 23 and November 5, 2024, the township must certify there were no other days when individuals were recorded depositing ballots. Additionally, the court permitted Demo to amend the complaint to include parties responsible for the Camden County College drop box if necessary.
Jurisdictional Issues
An additional complexity emerged regarding the responsibility for video from the second drop box at Camden County College. Cherry Hill Township redirected Demo to Camden County College, which previously denied possessing the footage. Demo has indicated he intends to amend his complaint to include Camden County as a defendant to resolve this jurisdictional confusion definitively.
Next Steps in the Case
The next procedural step involves compliance with the court's recent order, including the provision of video footage by Cherry Hill Township and potential amendment of the complaint to clarify responsibility for the Camden County College drop box footage.
