Judge ends ex-ELEC chief’s lawsuit against state

Superior Court Judge Douglas Hurd today dismissed a wrongful termination lawsuit filed by former campaign watchdog Jeffrey Brindle on summary judgment, ending a three-year legal battle over his ouster.

Jeff Brindle, the longtime executive director of the New Jersey Election Law Enforcement Commission, retired in late 2023, more than five months after Gov. Phil Murphy had sought to oust Brindle from his post earlier this year over an email sent to a staffer last fall that mocked National Coming Out Day.

Brindle was also criticized for writing opinion pieces on campaign finance without the ELEC commissioners’ approval, including a satirical Op-Ed, “How Not to Enter Politics (A Satire)” about dark money in politics.  He claimed he was facing retaliation for protected free speech and that his resignation was coerced.

The lawsuit was filed on March 16, 2023, and the case was temporarily dismissed the following September for lack of prosecution; that dismissal was vacated in December.  In July 2024, a judge dismissed most claims but allowed the First Amendment claim to proceed.

An outside law firm representing Murphy and members of his administration filed a motion to toss the lawsuit earlier this year.  They argued that speech by a government employee in the course of official duties is not protected by the First Amendment and that Brindle could not sue for retaliation.

Brindle’s lawyer, Bruce Afran, maintained that ELEC’s enabling law says the commission operates independently of supervision or control by other state officials, and that only the commissioners could fire him.  But officials can still ask someone to resign or express opinions.

As a result of the episode, Murphy and the legislature opted to reshape ELEC as part of the Election Transparency Act passed by the legislature in March and signed by the governor in April.

It’s unclear if Brindle will appeal the dismissal.