Trail Mix:  Filing Deadline Week 2012

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 Prevails in the Fourth Legislative District Election Contest

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.

Stunning Reversal in Nordstrom v Lyon

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.

The 2012 Primary Ballot:  Storm Clouds on the Horizon

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.

N.J. Legislative Vacancy Law in Action

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.

South Amboy Election Contest:  Appellate Division Disqualifies a Voter

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.

A Look Back at 2003:  The 31st Legislative District Showdown

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.

Morris County Freeholder Appeal Takes an Interesting Turn

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 Superior Court Upholds the Constitution in Jersey City Ballot 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.

Judge Voids the Morris County Freeholder Primary Election

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.

The Jersey City Ballot “Bracketing” Challenge is a Publicity Stunt

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.

Bid Rig III:  The Elwell veridct

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.