Bayonne asks judge to cancel June 9 runoff elections after candidates drop out

Bayonne has filed a lawsuit seeking to cancel the June 9 runoff elections for city council in the second and third wards, arguing that the contests are no longer necessary because the candidates who finished second have publicly conceded and no longer seek office.

The city contends that Ward 2 candidate Omar Elgarhi and Ward 3 candidate Gary LaPelusa Sr. have ended their campaigns and stated they would not take office if elected. Bayonne is asking a judge to cancel the runoff and certify Melissa Godesky Rodriguez and Thomas Gillen Jr. as the winners.

On Friday, Superior Court Judge David Katz signed an Order to Show Cause scheduling the matter for an expedited briefing schedule.  He declined to issue temporary restraints, meaning election preparations may continue until a hearing on Tuesday afternoon.

The city argues that Rodriguez and Gillen are now effectively unopposed and that proceeding with the runoff election would result in unnecessary public expense. Bayonne estimates the cost of conducting the election at approximately $60,000, including ballot preparation, voting machine programming, polling place operations, staffing, and vote-by-mail administration.

As part of the filing, both Elgarhi and LaPelusa submitted certifications stating that they no longer seek office, have stopped campaigning, and do not oppose the cancellation of the runoff elections or the certification of their opponents.

Under New Jersey law, runoff elections are required when no candidate receives a majority of the vote. Following the May 12 municipal election, runoff elections were scheduled in both wards.  Bayonne acknowledges that state law ordinarily provides that a runoff election “shall be held,” but contends this is an extraordinary circumstance because the opposing candidates have effectively withdrawn after the election.

The cancellation of the runoff would assure Mayor-elect Sharon Ashe Nadrowski of a clean sweep of all five city council seats.  Ashe Nadrowski was elected by a 62%-30% margin in a three-candidate race.

Godesky Roriguez led Elgarhi by a 42%-26% margin in a four-way contest for the Ward 2 seats.  In Ward 3, Gillen outpolled LaPelusa, a longtime councilman, 47%-37%, with two others running far behind.