Update: Judge Thomas Ambro of the 3rd Circuit U.S. Court of Court of Appeals has denied Troy Oswald’s emergency motion for a temporary restraining order or preliminary inunction, citing Judge Madeline Cox Arleo’s “well-reasoned opinion.” The appeal continues for now, but that won’t help Oswald get on the June primary ballot.
In a bid to keep his candidacy for Passaic County Sheriff alive, Republican Troy Oswald today filed an appeal with the Third Circuit U.S. Court of Appeals asking them to invalidate a New Jersey state law that requires sheriff candidates to live in the county for three years.
U.S. District Court Judge Madeline Cox Arleo upheld the law in a decision released on Thursday, a move that allows election officials to begin printing and mailing military and overseas ballots by tomorrow. Federal law requires ballots to be mailed 45 days before the election.
The appeal has not yet been assigned and no action has been taken, court records show.
The three-residency requirement is supported by a bi-partisan group of the state’s 21 sheriffs.
“Cox-Arleo’s decision was respectfully reviewed by the executive board of the Sheriff’s Association of New Jersey…and it was agreed that her honor’s ruling was consistent with the plainly stated language of that guiding statute,” said SANJ President James Gannon, the Morris County Sheriff and a Republican.
It’s not clear if the appeal will come in time for Oswald to make it on the ballot. Oswald, a former Paterson police chief, won’t be on the primary ballot, but Republicans could buy more time by nominating a placeholder through a write-in candidacy and then switching out their candidates in September.