Benches filled yesterday afternoon in a Middlesex County courtroom as Democrats for Change defended the residency of 20 candidates running in the Election for Committee Seats in the Middlesex Democratic Party.
On April 17, objections filed by the New Brunswick Democratic Chairman T.K. Shamy to disqualify 20 candidates — all University students or alumni — were accepted by City Clerk Daniel Torrisi on the same day. The objections dealt primarily with disputed claims of residency.
“Since it is such a large student population that is being disqualified, we’re taking this sort of as an attack on students who want to get involved in local politics,” Co-Campaign Manager Martha Guarnieri said.
Guarnieri, a Rutgers College junior, said Democrats for Change received notification on April 18 giving them little time to drum up a way to dismantle the objections. April 20 was the final day to respond to objections, she said.
The Democrats for Change took the matter to court, submitting that the provision doesn’t apply to its candidates.
Shamy could not be reached for comment at press time.
Patricia Bombelyn, counsel for Democrats for Change, argued that according to the Statute 19-53 of the State Code, the definition of resident used by the defendants only applies to elected government offices, not party committee seats.
Bombelyn also questioned the procedure in which the defendants pursued the action.
Democrats for Change could have disqualified three candidates the city Democratic Organization is running using the same criteria as the defendants but chose not to as the organization believes it doesn’t apply, Bombelyn said.
Eric Aronowitz, counsel to the county clerk Elaine Flynn, explained the defendant’s position. According to state law, residency applies after one year.
“This means that to run in a committee seat election that takes place June 2, 2009, a citizen would have to had lived in a district since June 2, 2008,” he said.
William J. Hamilton, city attorney, agreed with this assessment. The 20 false certifications fell under multiple categories, including change of address and others, which would negate claims of residency, he said.
Deputy Attorney General for the Board of Elections Thu Lam, speaking through a speakerphone, stated her agreement with the plaintiff.
The provision referred to applies to governmental entities, not party positions, Thu said. The defendants could not unilaterally seek to remove the contested candidates.
“This strategy of disqualifying student candidates is a way to break off that part of the coalition,” Guarnieri said. “It was very clear at the meeting we had last night that all the community members that were there weren’t going to let that happen.”
Democrats for Change aims to represent all communities with ward-based elections. Other goals include obtaining jobs for city residents first, maintaining open and clean government and making sure schools are efficient, are held accountable and establish positive activities for the city’s youth, Communications Chair Jerry Mercado said.
Charlie Kratovil, co-campaign manager, expressed his optimism about the upcoming hearing Middlesex County Superior Court Judge James P. Hurley scheduled at 2 p.m. on April 30 at the Middlesex County Courthouse, room 305.
Democrats for Change defend city residency of candidates
Published: Wednesday, April 22, 2009
Updated: Thursday, April 23, 2009
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