Newark wants McIver council vacancy filled during school board elections

The City of Newark wants to fill the vacant Central Ward city council seat in April, but it will be up to a Superior Court Judge to decide if he’ll allow that.

The seat has been vacant since September, when LaMonica McIver resigned to take her seat in Congress.  Her departure came after it was too late for voters to fill the seat in last year’s general election.

State law calls for non-partisan municipal vacancies to be filled at the next scheduled general election; the city’s attorney, Scott Salmon, maintains that is the April 15 school board election – a non-partisan citywide contest.   The Newark Board of Education, which pays for school elections, had no objection as long as the city picked up any additional costs.

But there’s a wrinkle in the plan: Newark approved allowing sixteen and seventeen-year-olds to vote in school board elections, and election officials aren’t sure how to isolate the school board elections from the city council race, which requires all voters to be eighteen.

Deputy Attorney General Craig Keiser opposes the election-sharing plan, citing possible confusion with the underage school board voters.

“The public is entitled to a well-run election free from voter confusion and logistical difficulties,” he said.

The judge, Robert Gardner, has a short runway to decide.  The state’s election law requires nominating petitions to be filed 75 days before the election – that was January 31 – and vote-by-mail ballots should go out 45 days earlier.

If the unpredictable Gardner, a former executive director of the Essex County Republican organization, refuses to order an April election, the Central Ward seat will remain vacant until a winner is picked in November.