Citing only procedural grounds, the New Jersey Attorney General’s office wants to shut down a bid to lawsuit to bar Independent presidential candidate Robert F. Kennedy, Jr. from the general election ballot under the state’s Sore Loser Law.
In a court filing late this afternoon, Deputy Attorney General Charles Shadle argued that challenges to nominating petitions should be filed with the Office of Administrative Law after they are certified by the Division of Elections, and wants Mercer County Assignment Judge Robert Lougy to dismiss the complaint filed by election lawyer Scott Salmon.
Shadle sat through a 35-minute case management hearing this afternoon with Lougy, Salmon, and attorneys representing Kennedy, Donald F. Burke, and Donald F. Burke, Jr., without mentioning his intention to fill a dismissal motion.
“The procedure for arriving at this determination is considered a ‘contested case’ and, as such, is referred to the Office of Administrative Law for a hearing before an administrative law judge who receives evidence, hears testimony, and makes findings of fact and conclusions of law,” Shadle wrote in his brief.
Lougy granted Kenedy a ten-day extension to respond to a lawsuit challenging his place on the New Jersey ballot; his response was due today, and the judge gave him a ten-day extension and set oral arguments for July 26.
Asked what address should be used to serve Kennedy, Burke said he would have to first ask his client.
The deadline to file as an independent presidential candidate is July 29, with an August 2 deadline to file an objection. Administrative Law judges typically hear those challenges the following day, with quick turnarounds on rulings. The final call will belong to Lt. Governor Tahesha Way, who also serves as New Jersey’s Secretary of State; that must occur by August 9.
A challenge to Way’s decision would go directly to the appellate division, which would face an August 12 ballot draw and a September 2 deadline to prepare ballots for printing. County Clerks must commence mailing ballots by September 21.