The April 2 filing deadline brought a lot of activity to the New Jersey Division of Elections. There were several nights in which the Division workers stayed on the job until midnight processing nominating petitions for federal and state offices, as well as delegates to the Republican National Convention and Democratic National Convention. The filing deadline also brought with it petition challenges, some with merit and some without, all of which were handled by the Office of Administrative Law on April 10. The following entry highlights some of the legal issues that surfaced during filing week and its aftermath.
The New Jersey Constitution provides a one year durational residency requirement for membership in the New Jersey Assembly. For ten years, the entire New Jersey political establishment operated on the understanding that this provision of the New Jersey Constitution itself violated the United States Constitution. That all changed when the New Jersey Supreme Court found that the provision was valid and enforceable. This decision will make the next legislative reapportionment process even more tense than it already is.
On February 7, 2012, the Appellate Division delivered its decision and opinion in the Morris County Freeholder litigation. In a stunning reversal of the trial court, the three-judge panel removed incumbent freeholder Margaret Nordstrom from office and declared a vacancy in the particular seat on the Morris County Board of Chosen Freeholders. The decision set off yet another scramble for this freeholder seat.
There is one aspect of elections that receives little public attention: The creation of the ballot in primary elections. There are statutes and constitutional principles that undergird the ballot creation process. Each and every one of those legal principles will be in play in the coming months as County Clerks all across the Garden State design primary election ballots for the June primary. H&H partner Tim Howes has been involved in significant ballot litigation since 2001, and currently serves as Associate General Counsel to the NJGOP, and is keeping a watchful eye on the ballot design process.
During the past two months, New Jersey has lost two well-loved veteran legislatures, both of whom passed away before they could begin a new term in office. Hon. Peter Biondi passed away two days after winning another term in the 2011 General Election. Hon. Alex DeCroce passed away the day before he was to begin a new term. New Jersey election law anticipates even tragic events like these and provides a roadmap to fill the vacancy. H&H partner Tim Howes served as counsel and parliamentarian to the Title 19 convention held to determine the interim successor in New Jersey’s Sixteenth Legislative District.
The 2010 election for Mayor of South Amboy is still not over. The Appellate Division handed challenger Mary O’Connor a victory in a decision reported today (November 23, 2011) when it disqualified one voter on the basis that she was not properly domiciled in South Amboy. Practically speaking, that leaves a one vote margin between the two leading candidates. The opinion is of interest for its analysis of the law governing domicile.
The 31st Legislative District has been a fault line in Hudson County Democratic politics for the past decade. Factions of the Democratic Party have fought over the State Senate Seat and the two Assembly seats in knock-down drag-out fashion. In 2003 there was a cataclysmic battle between the forces of the Hudson County Democratic Organization, led by Joe Doria, and the forces of the Reform Democrats, led by Mayor Glenn Cunningham. And like many things that happen in Hudson County politics, the election ended up in the law books.
Howes & Howes has been following the Morris County Freeholder election contest very closely. The case has provided a lot of drama and several insights into the New Jersey election laws. The latest bombshell in the case came today (October 5) when the Appellate Division allowed the New Jersey Election Law Enforcement Commission to intervene in the case, adding another twist to this unique case.
The Jersey City election found its way into the courthouse this week when one of the independent candidates for City Council At-Large asked the court to reverse the decision of the Hudson County Clerk to allow bracketing of candidates on the ballot. Howes & Howes appeared in the case on behalf of another independent candidate, P.J. Leonard, who agreed with the decision of the County Clerk. After reading our brief and hearing oral argument, the court upheld the law and the constitution, and allowed the County Clerk to proceed as planned.
Political newcomer Hank Lyon came from nowhere to stun Morris County on primary election day. He outpolled four term incumbent Margaret Nordstrom by ten votes out of approximately 24,500 cast in the Republican primary election. There was a recount, followed by an election contest. The election contest was tried over the course of a month. At the conclusion of the trial, the Superior Court voided the election and threw the race to the Morris County Republican County Committee.
On November 8, 2011, there will be a special election for two at-large seats on the Jersey City City Council. There are nineteen candidates for those two seats. Three teams of candidates have requested to be associated together on the ballot for the special election. One of the independent candidates has filed court papers objecting to bracketing. What this candidate may not know is that bracketing is a constitutional right.
Howes & Howes has been following the Bid Rig III trials, guilty pleas and appeals. Many of the cases involved in this massive FBI sting operation are related to candidates and the acceptance of money during a campaign by the candidate or a campaign operative, and have implications for New Jersey campaigns. Former Secaucus Mayor Dennis Elwell faced three count federal indictment which charged him with conspiracy, attempt and acceptance of a corrupt payment. On July 6, 2011, the jury rendered its verdict.
In July 2009, the F.B.I. and the U.S. Attorney’s Office for the District of New Jersey arrested about four dozen people at the culmination of “Operation Bid Rig III”. Most of the individuals arrested were politicians, and almost all of those were from Hudson County. The FBI, through an undercover criminal-turned-informant, picked some low hanging fruit: Candidates who were under pressure to raise money for their election campaigns. Howes & Howes has been following the legal proceedings from Bid Rig III very closely.
A recount in the Democratic primary for Morristown’s Second Ward City Council seat raises the question of how close is close enough to put the taxpayers and the candidates and the county and local governments through a recount. How close is close enough?
The American Civil Liberties Union of New Jersey has long been active in election law in New Jersey. Their stated interest is to “ensure voting and due process rights for all persons. In support of this objective, the ACLU-NJ has advocated in court and other forums on behalf of voting rights.” This year, ACLU-NJ has participated as an amicus curiae in the ongoing contest of the 2010 South Amboy mayoral election. Its issue: Enforcement of the Motor Voter Laws.
Each election cycle provides an interesting case. This primary season was no exception. One of the two notable cases from the 2011 primary election season comes out of heavily Republican Morris County, where two one hundredths of one percent (0.02 %) separates the two candidates for the Republican nomination for freeholder.
