Brindle lawsuit moves forward; lawyer says Murphy ELEC picks lack judicial experience

ELEC executive director Jeff Brindle. (Photo: ELEC).

The attorney representing the executive director of the New Jersey Election Law Enforcement Commission today panned Gov. Phil Murphy’s appointment of four new commissioners and said state officials were served today in a lawsuit challenging the constitutionality of New Jersey’s Election Transparency Act passed in March.

“While the appointees are undoubtedly experienced attorneys, none have any substantial election law experience, and none have served as Superior Court judges, as have most prior ELEC Commissioners,” said Afran.  “These appointees will be acting as administrative judges to  adjudicate election law violations and yet have no state-level judicial or elections law experience, weakening public confidence in the ability of ELEC to neutrally and fairly maintain the State’s election law enforcement system.”

Murphy has named Tom Prol, a former New Jersey Bar Association president, as the new chairman of the commission.  He also appointed three other lawyers: former Assemblyman Ryan Peters (R-Hainesport), Clark Municipal Prosecutor Jon-Henry Barr, and former Senior Deputy Attorney General Noma Evans.

Brindle maintains that the new law could not permit Murphy to bypass Senate confirmation of his appointments.

“Mr. Brindle had been hoping the Governor would find wisdom and not exercise this extraordinarily damaging power, but he will now pursue the litigation in Superior Court,” said Afran.

Afran told the New Jersey Globe that he would seek injunctive relief “if we need to.”

“Jeff hopes to work with them,” Afran said of the new commissioners.

Brindle compaint
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David Wildstein: David Wildstein is the Editor in Chief for the New Jersey Globe.