A challenge to an independent candidate’s Westville mayoral nominating petitions has become mired in procedural delays, pushing a hearing until July 29 — 57 days after petitions were due and nearly seven weeks after the lawsuit was filed – leaving the incumbent uncontested and effectively denying a candidate valuable weeks of campaigning.
Stacey Murphy filed her petitions on June 1, one day before the filing deadline, with 84 signatures. An objection was filed on June 8, and Gloucester County Clerk James Hogan rejected the petitions on June 11, concluding Murphy fell four valid signatures short of the required 76. Murphy, who is representing herself, filed suit the next day challenging that determination.
The delay also came after Superior Court Judge Jean Chetney waited four weeks to hold the first hearing.
Chetney insisted Murphy comply with a court rule requiring proof of service to be filed at least three days before the hearing. Election law cases are typically handled on an expedited basis, and New Jersey courts have repeatedly held that election statutes should be liberally construed to protect ballot access where possible.
Murphy told the court she hired a private process server to serve the defendants on July 10, but said she was unable to successfully upload proof of service and other documents to the Judiciary’s electronic filing system before Monday’s hearing. Chetney said she checked the electronic docket about 30 minutes before the proceeding and found no proof of service had been filed.
“I looked about a half an hour ago and didn’t see any proof of service on E-courts,” Chetney told Murphy before concluding she could not proceed with the case.
Murphy responded that she believed the documents had been uploaded and offered to provide copies to the court immediately.
Chetney agreed to adjourn the case after Murphy requested additional time, but the matter was further delayed when attorney John Carbone, representing the Gloucester County Clerk, told the judge he was leaving on vacation and would not be available until July 29. Chetney won’t hear the matter until July 30.
During the hearing, Murphy argued the county clerk waited seven days after petitions were filed to rule on the objection, leaving her without an opportunity to correct alleged deficiencies before the filing deadline passed.
“They waited a week until I couldn’t go back and get people to re-sign,” Murphy told the court. “That’s why I’m here.”
Murphy contends the challenged signatures are valid and has also submitted notarized statements from seven voters reaffirming their signatures. Carbone argued state law does not permit candidates to add or replace signatures after the filing deadline and urged the court to uphold the clerk’s decision rejecting the petition.
The delay could prove disastrous if one of the parties decides to appeal Chetney’s decision. The deadline to prepare ballots for printing is August 31. The county clerk begins mailing general election ballots on September 19, leaving little time for the appellate court process.
If Murphy’s challenge fails, Democratic Mayor Fritz Sims will remain unopposed for re-election in November.