Seven weeks after narrowly regaining control of the Ocean County Republican organization, George Gilmore has filed a lawsuit against his predecessor and others seeking a return of the party’s “digital assets”
Gilmore wants to obtain emails and other electronic files concerning party business stored on computers and cell phones belonging to his predecessor, Frank B. Holman III, and others. He’s asking a judge to declare him the sole owner of the Ocean GOP’s Google accounts.
He is seeking “access, return, and restoration of all the records, documents, files, ‘digital assets,’ emails, websites, or other documents or rendered an accounting for the finances, receipts, disbursements, allocations, expenditures received,” court records show.
Holman said the “complaint is full of fallacies.”
“Gilmore, the disbarred convicted felon, is schooling me on ethics?” Holman said. “The reason our funds were low is Mr. Gilmore ran candidates in primary that caused us to spend money outside our cycles.”
According to Holman, the county GOP organization “owned no computers.” He says donor information was provided to Gilmore immediately and that he has access to filings with the New Jersey Election Law Enforcement Commission that covers all organization finances.
“Nothing was taken from headquarters. There was no reason to provide emails to him. They were not needed and I did not want confidential information to get in wrong hands,” Holman told the New Jersey Globe. “They were told if they handed over the email access no law suit would be filed but they refused. The failure to turn over the email account could be an indication of potential illegal activity. ”
But Gilmore says the Gmail account was created for the Ocean GOP by then-executive director Tom Bonfonti when he was chairman.
“It belongs to the Organization and we want the email account,” he said. “We have repeatedly asked for Pat Lane, and others to turn over access to the email account but they have refused. Pat Lane even stated that she would turn over the access after they ‘had deleted all the emails that they did not want me to see.'”
Among his claims is that Holman and others misappropriated party funds, including allegations that on the day of the county chairman election, the county GOP transferred $23,109 to the campaign accounts of County Commissioners Jack Kelly and Virginia Haines, Sheriff Michael Mastronardy, Assemblyman Greg McGuckin (R-Toms River), and the Jackson Republican Leadership Fund.
“Ocean county is organized differently than most counties.” Holman told the New Jersey Globe. “Our finance committee is separate corporation which Gilmore is not an officer. He also does not control campaign accounts. He has no authority to make such outrageous demands.”
But Gilmore disputes that.
“The Finance Committee is the Ocean County Republican County Committee account and is recognized by ELEC as the County Committee Account, which the County Chairman controls,” he explained.
Gilmore told the New Jersey Globe that Holman “transferred out over $18,000 from the OC Finance Committee Account on July 6th and 7th.”
“He only left $2000. in account with bills exceeding that amount that were incurred by him prior to July 7th,” Gilmore said. “When I left as Chairman there was $6,000 in the account according to the filed ELEC report.
The Jackson GOP has already returned their $5,000 check, court records show.
Gilmore is also disputing a $3,109 payment to attorney Kevin Riordan, who allegedly paid a private investigation firm to investigate Toms River Councilman Justin Lamb.
“I authorized opposition research on (the) Lambs because there were rumors about them misrepresenting their residency,” Holman said. Ashley Lamb ran in primary against our endorsed candidate. I also noted that her and her running mate were not disclosing campaign contributions to ELEC.”
Holman said that “nothing was hidden and that the entire transaction was disclosed, including disbursement to an attorney to supervise because he “wanted it done correctly.”
“To use Republican Finance Committee funds to investigate where a Republican Township Councilman (lives) is not only unethical, it’s sleazy,” Gilmore said. “What they have done is not only reprehensible but may be illegal.”
McGuckin is among the defendants in Gilmore’s legal action. Gilmore wants a $4,000 contribution from the county Republican organization returned.
Gilmore defeated Mastronardy by 13 votes in the July 7 election after Holman decided not to seek re-election.
The lawsuit highlights an unusual twist to changes in party leadership in New Jersey, where newly elected officials take office immediately after the votes are counted without any transition period. Gilmore had asked for the keys to the Ocean GOP headquarters on the night of his election.
Gilmore wants Holman, McGuckin and others to “comply with litigation hold notice and file affidavits of compliance,” and he wants a written accounting of all part funds since January 1, 2022. He also wants digital photographs and videos, along with file sharing accounts, and domain registration information.
“I authorized all expenditures. He was left approximately $20,000 more than what he left me when he resigned, which was zero,” Holman said. ?Funds were transferred to campaign accounts because that’s what we do — raise money for campaign account.
The matter has been assigned to Superior Court Judge Valter H. Must, but that could change.
Must, a Democrat nominated by Gov. Chris Christie in 2017, has close ties to Ocean County politics. He served as municipal prosecutor in Manchester and Lakewood and was a partner at a politically influential Toms River law firm before becoming a judge. Must is still two years away from tenure and this case could politically sensitive enough to necessitate a venue change.
No hearing date has been set.
Gilmore is represented by John M. Carbone, a legendary figure in New Jersey election law matters.
This story was updated at 8:47 PM with comment from Holman and at 9:58 PM with comment from Gilmore.
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