News: POLITICO New Jersey Playbook: The Moderate Party finally goes to court

Thursday, July 21, 2022

POLITICO New Jersey Playbook: The Moderate Party finally goes to court

Jul 21, 2022

Presented by Rise Light & Power

Good Thursday morning!

Tom Malinowski's Moderate Party has finally begun its battle to exist in court, five weeks after announced its formation. It filed an appeal yesterday after its petitions to run Malinowski on a second ballot spot were rejected by Secretary of State Tahesha Way — for a second time.

Now, the party has a little over two months to prevail in a case to seriously alter how New Jersey conducts elections. Election officials begin sending vote-by-mail ballots on Sept. 24.

A time frame like that seems highly unlikely. But the Moderate Party's lawyers say they're going to ask the state Supreme Court to hear the case directly.

Regardless, many of us will be watching to see if the party continues to be active after this election if it doesn't get Malinowski a second place on the ballot. While the founder of the moderate party, Rick Wolfe, is a Republican committee member in Malinowski's town, East Amwell, there's a couple big Democratic names staffing the effort. I already wrote about how Sue Altman, New Jersey's most high-profile progressive activist, helped organize the petition effort.

And yesterday I noticed that the party's strategist is Jennifer Holdsworth, the former political director of the New Jersey Democratic State Committee. Holdsworth is also known for her work for Pete Buttigieg. But hey, most people characterize him as a moderate .

DAYS SINCE MURPHY REFUSED TO SAY WHETHER HIS WIFE'S NON-PROFIT SHOULD DISCLOSE DONORS: 155

WHERE'S MURPHY? In Secaucus at 11:30 am to sign police licensing legislation, then in Madison at 3 p.m. for a ribbon cutting ceremony. Update from yesterday: Murphy did not deliver a speech to the NAACP convention last night because his flight home was delayed, according to a spokesperson. Both Murphy and Lt. Gov. Sheila Oliver canceled scheduled events at the convention.

QUOTE OF THE DAY: "I acknowledge this unfortunate event yesterday and I'm thankful that no one was seriously hurt. While the traffic summons that was issued is dealt with in court I will not be able to make any additional comment at this time." — Jersey City Councilmember Amy DeGise, the recent former Hudson County Democratic chair, after hitting a cyclist with her car and leaving the scene

TIPS? FEEDBACK? HATE MAIL? Email me at mfriedman@politico.com

HAPPY BIRTHDAY — Cherry Hill Mayor Susan Shin Angulo, Atlantic City Chamber President Michael Chait

A message from Rise Light & Power:

The Clear Choice for NJ Clean Energy — What would advance New Jersey as a national leader in the fight against climate change and repurpose a decades-old brownfield? Transforming the site of a former coal plant into a gateway for offshore wind with strong community support. That's the Outerbridge Renewable Connector, an "extension cord" connecting clean offshore wind energy to New Jersey's power grid.

WHAT TRENTON MADE

IN CEDAR GROVE, EVERY DAY IS ABHOR DAY — Port Authority chairman embroiled in family drama, lawsuit over his sister's police promotion , by POLITICO's Ry Rivard: The chairman of the Port Authority of New York and New Jersey is accused in a bombshell lawsuit of using his political influence to block his sister's promotion within a local police department, placing the scandal-plagued bi-state agency back in the spotlight after years of relative tranquility. Kevin O'Toole, who has chaired the Port Authority for the past five years, is implicated in a lawsuit filed by his sister, Eileen O'Toole, a police captain in Cedar Grove, the Essex County township where the O'Toole family has deep political roots. Eileen O'Toole says she was on track to become the town's next police chief until she had a dispute with her brother the night before her daughter's November wedding … Kevin O'Toole … declined to discuss details of the dispute, but in his statement alluded to other drama within the family. 'Whether it be on vaccination policy or politics, the family has had various disagreements,' he said in the statement, which he said would be his last word on the matter. 'Without getting into details, some time ago, I sought out assistance from the Essex County Prosecutor's Office regarding my being a victim of harassment/stalking. The protection of my wife and my two children is my most sacred priority.'"

PUTTING OUT THE FIREMAN — " The law protects Liberty State Park's wildlife refuge – period | A Q&A with DEP's Shawn LaTourette ,' by The Star-Ledger Editorial Board: "[W]ith a single social media post over the weekend, Shawn LaTourette seemed to signal that the Department of Environmental Protection is firmly aligned with park advocates and environmentalists -- particularly in their effort to protect the marshy 21-acre wildlife refuge known as Caven Point, which has been targeted for development by a golf course billionaire. The DEP commissioner made his position clear Tuesday, affirming that the Caven peninsula was purchased through the DEP's Green Acres Program and from the federal Land and Water Conservation Fund, which means it is essentially 'preserved for eternity' – not something to be turned over to some rich guy with a putter who wants a better view of Manhattan …

"Q. They sought assurances that Caven Point will be left in its current pristine state. Did you give them any? A. I told them that Caven Point has multiple natural resource law protections. They asked if I would support the piece of legislation recently introduced by Senator Stack and I advised, as is my practice, that I do not take public positions on pending legislation because the Legislature has to do its work. What I made clear was, no one has approached DEP about Caven Point being developed. I believe that that is a misunderstanding borne of fear. I explained to the FOLSP Board that the development of Caven Point has not been raised by any of the existing design task force members that I am aware of, was not on the table in the existing design task force discussions, or the Master Plan."

— Jersey Journal : "Jeff Tittel, the former president of the New Jersey Sierra Club, called it 'all public relations, and no public policy.' Tittel argued that despite environmental protections, the land for Caven Point can still be sold or leased by the Statehouse Commission, a body that controls state-owned land in New Jersey. 'Unless he says they're going to take real action to protect Caven Point now and forever by locking it up … what he says really doesn't mean a lot," Tittel said.' …. 'If this was not a bill for Fireman to get ahold of Liberty State Park, then why was his golf course company lobbying for that privatization bill?' he asked.

— New Jersey expanding its college tuition assistance programs

— "N.J. officials, feds teaming to protect abortion access after Supreme Court ruling "

—" 'Big Six' committees raise $2.2 million in first half of 2022 "

—" Lawmakers take aim at lawsuits that quash public participation "

STEP INSIDE THE WEST WING: What's really happening in West Wing offices? Find out who's up, who's down, and who really has the president's ear in our West Wing Playbook newsletter, the insider's guide to the Biden White House and Cabinet. For buzzy nuggets and details that you won't find anywhere else, subscribe today .

BIDEN TIME

IMMIGRATION — " 'Being held for ransom': Deported NJ man now jailed in notorious Haitian prison ," by The Record's Hannan Adely: "Patrick Julney fears he will not live to see another day, and that he'll leave this earth never being able to hold his wife — his high school sweetheart — or his three beloved stepchildren again. He is trying to survive in a Haitian prison that he describes as a hellscape, a tangle of starved, sick and unwashed men, 30 or more to a cell with no food, clean water or recourse. After his three-year battle to stay in the U.S., immigration authorities deported Julney on June 7. The longtime New Jersey resident has no memory of Haiti — his parents brought him to the U.S. as a toddler, and he does not speak Haitian Creole. The day he was sent back to Haiti, Haitian police imprisoned him without explanation, and they have repeatedly contacted his wife demanding thousands of dollars for his release. He is being held in a prison system with conditions so poor that United Nations investigators say they amount to torture. Dozens of inmates have died this year from starvation … Julney, 38, was a legal resident of the U.S. but not a citizen. He was swept up by a U.S. policy to deport non-citizens convicted of a broad category of crimes."

—Van Drew: " Biden's u-turn on Saudi Arabia is not worth it "

POL READS POLLS — " Van Drew, once an opponent of gay marriage in N.J. Legislature, votes for it on house floor ," by New Jersey Globe's Joey Fox: "When a bill legalizing gay marriage came to the floor of the New Jersey State Senate in 2012, Jeff Van Drew – then a Democratic state senator – decided to break with the Democratic caucus and vote no. 'I sincerely believe that we do need to protect every individual's civil liberties, but I also believe that marriage, throughout all recorded history, has been between a man and a woman,' he told the Philadelphia Inquirer in January 2012, shortly before the vote was held. Van Drew, now a Republican member of Congress, was confronted yesterday with a similar bill in the U.S. House codifying the right to gay marriage. And once again, he chose to vote out of step with his caucus – but this time, he broke with his Republican colleagues and voted in favor of marriage equality. When asked about his decision to vote yes, Van Drew said today that he was simply following what the Supreme Court has already declared to be the law of the land. 'The Supreme Court made its decision,' he said. 'You can't pick and choose the Supreme Court positions you like and the Supreme Court positions you don't like… I recognize it, I accept it, and I move on.'"

— "Sandy victims wouldn't have to pay back federal aid under bill House just passed "

—" Booker plans Senate hearing to address marijuana laws' harm to Black residents "

A message from Rise Light & Power:

LOCAL

'THIS WHOLE COUNCIL'S OUT OF ORDER!' — " 2 Trenton councilmen sue McBride for blocking nomination for open seat ," by The Trentonian's Isaac Avilucea: "City legislators George Muschal and Joe Harrison have had enough of Council President Kathy McBride's antics. They're suing the legislative leader in hopes of overturning her decision blocking the nomination of Elvin Montero to fill the vacant seat of ex-At-Large Councilman Santiago Rodriguez, who resigned at the end of June to move with family to Florida. The suit, filed Wednesday in Mercer County Superior Court, contends that McBride violated the governing body's procedural rules by ruling that Muchal's nomination of Montero was 'out of order.' Montero, the deputy executive director of the Chemical Council, was a chief advisor to McBride nemesis, Mayor Reed Gusciora"

SADDLED RIVER — " Indicted Saddle Brook police chief Kugler fights back. Here's what his court brief argues ," by The Record's Steve Janoski: "The defense attorneys for indicted Saddle Brook Police Chief Robert Kugler have asked a state judge to dismiss the charges against him, arguing that prosecutors cherry-picked the information they presented to a grand jury, misled jurors about the intent of the township ordinance the chief allegedly broke, and lacked the necessary proof to charge Kugler with official misconduct, according to court papers obtained by NorthJersey.com. Filed Friday in state Superior Court in Passaic County, the 23-page brief said the now-suspended chief did not break any township code when he offered police escorts for certain funerals that left Kugler's family-owned funeral home between June 2020 and February 2021, as the state Attorney General's Office has alleged. The state also has never presented evidence that Kugler, his funeral home or the decedent's estate benefited from an escort, the brief said, or that Kugler knew the processions were illegal but demanded them anyway."

THE RICH PEOPLE'S REPUBLIC — " Why Montclair homes are selling for as much as $800K over asking while NJ's market slows ," by The Record's Mary Chao: "Realtor Julie Kim knows first hand what a competitive market Montclair is. Earlier in the year, she assisted a buyer in putting an offer on a home priced at $1 million, knowing they would have to go over asking. But the end result shocked the agent. '$1.8 million — That's crazy,' Kim said. Such is the state of the Montclair real estate market. Even as home prices level off throughout the country and the state as interest rates climb, Montclair remains a hotbed for real estate activity. Local agents say it's because the town is popular with New York City professionals who have learned about the Essex County community in conversations with friends who have already made the move to the suburbs."

—" Mystery: Bergen historical group wants its 1812 cannon back. It was stolen in 1980 "

—" New Ocean County administrator to be named [Wednesday] in shakeup after ousting of Block "

—" [Paterson] cop passed over for promotion after saying Hispanic officers were mistreated, lawsuit says "

—" Pair spray-painted 'defenstrate babies' on [Lower Township] church signboard, cops say "

—" Jersey City Bayfront developer signs deal to provide 35% affordable housing at 209-unit project "

—" [Atlantic City] cop acquitted on federal charges sues city for $582K in back pay, attorney fees "

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EVERYTHING ELSE

TICKETS — " Springsteen fans furious as ticket prices skyrocket to $4K on Ticketmaster ," by NJ Advance Media's Bobby Olivier: "As the first crop of U.S. concert dates for Bruce Springsteen and the E Street Band's highly anticipated 2023 tour went on sale Wednesday, fans were met with exorbitant prices on Ticketmaster caused by the website's 'market priced' system, allowing ticket prices to fluctuate due to demand. Amid feverish demand, many floor and lower-level seats were labeled on Ticketmaster as 'Official Platinum' seats, which 'enables market-based pricing (adjusting prices according to supply and demand) for live event tickets, similar to how airline tickets and hotel rooms are sold,' according to the website. With that, some floor tickets ballooned to over $4,300 each on Ticketmaster Wednesday for the tour's kickoff show in Tampa, Fla. Feb. 1 — an exponential spike typically only seen on secondary resale sites like StubHub or SeatGeek. For comparison, floor seats to Springsteen's 'The River' 35th anniversary tour at MetLife Stadium in 2016 were only $164 after fees, a fan confirmed."

RUMP CHECKER AT THE MEDICAL PRACTICE OF WRECKX & EFFECT — " Big hair. Walkmans. Stirrups. How nostalgic humor made Gen Xers want a colonoscopy. (Really.) " by NJ Advance Media's Elizabeht Llorente: "Make them laugh and they will … get a colonoscopy? The Virtua Health marketing team discovered a little humor and nostalgia on social media go a long way toward spreading the word that the recommended age for the intrusive medical screening has dropped from 50 to 45. To engage people in the new age bracket, the team reached for trends that would strike a chord with Gen Xers who graduated from high school in the early 1990s … Virtua Health employees dug into their own private arsenals, using personal photos and witty captions while adding links to schedule an appointment. "Hey Class of '93, do you remember rocking the high hair?" says one post, showing a brunette with a towering mane. "It's time for a colonoscopy." Another said: "Stirrup pants are making a comeback. But if you wore the originals, it's probably time to get a colonoscopy." The posts have generated hundreds of "likes" and dozens of comments and shares. Most importantly, the campaign has generated a 68% increase in leads — people signing up online or by phone — for colon cancer screenings, said Virtua spokeswoman Kathleen McLaughlin."

—" Stockton president to retire after five decades at the university "

—" 23-year-old killed in NJ beach banner plane crash "

A message from Rise Light & Power:

The Outerbridge Renewable Connector (Outerbridge) – a proposal before the New Jersey Board of Public Utilities – would enable the state to harness offshore wind energy by repurposing an abandoned brownfield, revitalizing an industrial-zoned waterfront, and supporting the local and state economy without impacting our beaches.

Outerbridge, proposed by Rise Light & Power, would be an underground electrical transmission project functioning as an "extension cord" and connecting energy generated by offshore wind farms to New Jersey's power grid. Outerbridge would support New Jersey's economic growth and resilience strategy. It is projected to deliver clean energy to 1.4 million homes and generate more than $1 billion in economic activity.

The project would minimize community disruption, protect environmentally sensitive areas and repurpose the past to power the future. Outerbridge would play a key role addressing the health and economic dangers of climate change while protecting the Jersey Shore we know and love.