Judge permanently bars Craig Callaway from serving as a voter assistor

Superior Court Judge Michael Blee today rejected a bid by Atlantic County Democrats to require voters who want to bring an assistor into the voting booth with them to disclose their disability on a form filed with poll workers, saying that this “could create a chilling effect” on voters.

But Blee also permanently enjoined former Atlantic City Council President Craig Callaway, a veteran vote harvester in local elections, from acting as an assistor after Democrats showed that Callaway himself had signed a form saying he needed his own assistance in voting due to a disability.

Callaway is also enjoined from directing anyone else to be an assistor, Blee said.

“There is no hardship to the voters by eliminating Mr. Callaway as an assistor,” Blee said.

Democrats claim that Callaway falsely assisted 26 voters in Atlantic City during the June primary election, and is “actively involved in fraudulent activity right now.”

“Craig Callaway always finds a loophole in the system to fraudulently obtain votes,” said Michael Suleiman, the Democratic county chairman.  “Craig Callaway is exploiting a law meant to help disabled residents to further his fraudulent election activities.”

Callaway has been working mostly for Republicans in recent years, but Randolph Lafferty, an attorney for the Atlantic County GOP, denied that there is any connection between Callaway and the organization he represents.

Colin Bell, the attorney for the Democrats, said that, among other things, Callaway had served as an assistor in the June primary to a voter who had claimed she could not read and write but actually graduated college with honors.

“I believe there was clear and convincing evidence that Mr. Callaway was involved in a voter fraud scheme,” Bell said.  “He has to be stopped from abusing the system.”

Callaway was served yesterday but was a no-show in court today.

In New Jersey, disabled voters are permitted to bring an assistor into a voting booth with them.  They must sign a form declaring they are disabled, or cannot read or write, and the form must be signed by one poll worker of each party.  But voters do not disclose what their disability is.

Deputy Attorney General Steven Gleeson, speaking on behalf of the Atlantic County Superintendent of Elections, opposed the disclosure request, saying that these documents are publicly available and could disenfranchise voters.

Gleeson took no position on the Callaway issue.

Viana Bailey, who lost the June Democratic primary for an Atlantic City Council seat by six votes, has filed a lawsuit seeking to overturn the election results and toss the winner, LaToya Dunston, from the ticket.  26 voters  told election officials they needed help due to a disability.  Bailey says three voters didn’t complete the required disability certificates, and claims others did not have the disability they claimed.

A trial on the election is challenge is set to begin later this month.