A Superior Court judge has ruled that James E. Bond may not appear on the November general election ballot for Brielle Borough Council, rejecting three potential routes offered by Bond and the local Democratic organization.
Judge Linda Grasso Jones found that Bond could not file a direct nominating petition for the general election while also being promoted as a write-in candidate in the Republican primary. She also rejected Bond’s attempt to accept a Democratic nomination after he received enough Democratic write-in votes and changed his party affiliation.
“You must decide whether [to run in] the primary” or seek a place on the general-election ballot through a direct petition, Grasso Jones said. A candidate who puts himself forward through one process “must abide by this choice,” she said.
Bond filed an independent petition on June 1, one day before the primary. He then received 127 Republican write-in votes, finishing fourth in the contest for two GOP nominations.
Monmouth County Clerk Christine Giordano Hanlon rejected Bond’s independent petition, concluding that his Republican write-in candidacy triggered New Jersey’s sore loser law. Grasso Jones upheld Hanlon’s ruling.
Bond maintained that he did not organize, authorize, or participate in the Republican write-in effort. But Grasso Jones pointed to numerous social-media posts promoting him as part of a Republican slate and encouraging voters to write in his name.
The judge said the evidence went beyond an isolated or unsolicited write-in vote.
“I had a whole bunch of posts that talked about, ‘Let’s vote for him,’” Grasso Jones said. “One person in this state said, ‘Hey, vote’ — that would be trivial. But given the number of posts, it’s a lot of information that’s put out, a lot of evidence out there.”
Grasso Jones said she did not find that Bond or his supporters deliberately devised a plan to circumvent election law. Still, she determined that Bond had effectively been put forward as a Republican primary candidate while pursuing an independent candidacy for the same office.
The judge also rejected Bond’s claim to one of the Democratic nominations. No Democrats filed primary petitions, but Bond received 33 Democratic write-in votes, enough to qualify for the general-election ballot. He changed his registration from Republican to Democrat two weeks after the primary and attempted to accept the nomination.
Grasso Jones found that Bond was a registered Republican when the primary was held, voted in the Republican primary, and was promoted as a Republican write-in candidate. His subsequent party switch did not make him eligible to accept the Democratic nomination.
The Brielle Democratic Committee also sought permission to select Bond as a replacement nominee for the other council seat. George Mervine III received enough Democratic write-in votes to qualify but could not accept the nomination because he had appeared on the Republican primary ballot.
The judge declined to allow the Democratic organization to use the resulting vacancy to place Bond on the ballot, finding that his participation in the Republican primary and his independent petition made him ineligible.
Grasso Jones acknowledged New Jersey’s policy of interpreting election laws liberally to preserve voter choice, but said that principle did not permit her to disregard statutory restrictions on candidates pursuing multiple nominations.
“I don’t love this decision today because I think people should have a right to vote on this,” she said. “I take this decision very seriously.”
Bond may still seek write-in votes in November.
“I did not eliminate the right of individuals to vote for anyone who would not be on the ballot,” Grasso Jones said. “They may do so.”
Jason Sena represented Hanlon; Kevin Starkey was Bond’s lawyer. Top of Form