New Jersey Secretary of State Tahesha Way has postponed the certification of candidates for the July 16 special primary election for Congress in New Jersey’s 10th district to consider objections to nominating petitions filed by two leading candidates, Newark Council President LaMonica McIver and former East Orange Councilwoman Brittany Claybrooks.
She has remanded the two challenges back to administrative law judges.
Way, a former administrative law judge, found that Judge Kim Belin’s initial decision dismissing a challenge to McIver’s petitions “fails to address the admissibility of the available witness’s testimony as to the authenticity of the text messages or the admissibility of the text messages.”
“The purpose of these administrative hearings is to afford the parties a full and [air opportunity to flesh out the facts of the case so the ALJ can weigh the evidence and make the necessary credibility and factual findings to ensure the integrity of the electoral process, including ballot access,” Way said in her decision.
She ordered Belin to permit attorney Matthew Moench, representing Claybrooks’ challenge of the McIver petitions, to call “the available witness to make a determination as to the admissibility and weight of the evidence.”
Way also directed Belin “to make clear factual determinations, using the language “I Find” to designate such required factual findings, as to whether, in light of that evidence, (Robin McIver), served as the sole circulator for respondent’s petition and whether petitioner has met her burden of showing a violation of (the statute).
“To the extent there are other arguments asserted in the exceptions not addressed herein, I find that those arguments do not warrant additional discussion and I adopt ALJ Belin’s findings as to those issues,” she said.
Way also found that Administrative Law Judge Susana Espana Guerrero needs to “make clear factual findings” in a challenge to Claybrooks’ petitions, specifically whether sections from two circulators must be rejected.
Both judges are expected to hold hearings tomorrow or Wednesday
The new certification date is May 23.
Claybrooks alleged that Robin McIver, the candidate’s mother, “falsely represented that she was the sole circulator personally responsible for obtaining the signatures.”