For the second time in two days, an administrative law judge’s decision to allow a congressional candidate to run in the July 16 special Democratic primary is being remanded back to the courts in advance of Thursday’s ballot certification deadline.
Secretary of State Tahesha Way rejected a new opinion filed today by Judge Susana Guerrero was still technically deficient.
The issue involves petitions filed by Brittany Claybrooks, a former East Orange councilwoman and Andy Kim campaign staffer seeking the 10th district seat of the late Rep. Donald Payne, Jr. (D-Newark). The New Jersey Democratic State Committee claimed there were fraudulent sections of the petition that, if invalidated, would have brought her below the 200 signatures needed to get on the ballot.
Way wants Guerrero to take testimony from two circulators “and make factual findings as to whether the petition booklets” complied with state law.”
If the judge “determines that those petition booklets must be stricken, she shall make a factual finding as to whether (Claybrooks) has a sufficient number of signatures supporting her nominating petition,” Way told Guerrero.
Guerrero on Sunday that Petitioners failed to meet their burden in challenging respondent’s nominating petition. However, without explanation, ALJ Guerrero did not permit Petitioners to take testimony from the very circulators whom Petitioners alleged committed wrongdoing, despite those circulators’ willingness to testify.
After two days of hearings last week, Guerrero ruled that Claybrooks could remain on the ballot.
Way remanded the matter back to Guerrero, saying the judge’s opinions need to include “clear factual findings” on sections by two specific circulators.
Instead of conferencing with lawyers or holding a new hearing – the New Jersey Globe has learned that emails from attorneys went unanswered – Guerrero simply issued a new opinion today that specified exact factual findings regarding the two circulators.
“Guerrero concluded that petitioners failed to meet their burden in challenging respondent’s nominating petition,” Way said. “However, without explanation, ALJ Guerrero did not permit petitioners to take testimony from the very circulators whom petitioners alleged committed wrongdoing, despite those circulators’ willingness to testify.”
Now Way, a former administrative law judge who is now the lieutenant governor, has sent the Claybrooks petition case back to Guerrero again. She has until tomorrow to file an updated decision.
Another candidate for Payne’s seat, Newark City Council President LaMonica McIver, is also facing a petition challenge after Claybrooks alleged that her mother, the sole circulator, could not have collected 1,081 signatures herself in less than three days.
Judge Kim Belin held a hearing today after Way remanded her first decision back on Monday; that is expected by 10 AM tomorrow.
Among the controversies in that case: one of McIver’s aides, Hassan Abdus-Sabur, confessed to also circulating petitions and said others did as well. He later recanted his statement.