Tuesday, January 23, 2024

What kind of precedent will the Jersey Freedom case set?

Matt Friedman's must-read briefing on the Garden State's important news of the day
Jan 23, 2024 View in browser
 
New Jersey Playbook

By Matt Friedman

Good Tuesday morning!

In case you haven’t noticed, I’ve been captivated by the controversy around the shadowy South Jersey Democratic-funded super PAC Jersey Freedom, which helped prop up alleged phantom candidates to draw votes from Republicans. It’s not just because it’s a dirty trick. As the Republicans’ case against it continues — oral arguments are scheduled for Feb. 1 — I think we’re looking at an important potential precedent.

The Election Law Enforcement Commission (ELEC) in an amicus brief said the agency should have exclusive jurisdiction over whether Jersey Freedom violated the state’s campaign finance laws by failing to properly disclose its funding and expenses. Jersey Freedom, naturally, agrees, and its attorney Bill Tambussi in a letter last week sought to dismiss the case. “Simply put, the claims and allegations raised by Plaintiffs in this matter are not properly before this Court,” he wrote.

Republicans responded that ELEC need not have sole jurisdiction. If the agency is the only recourse for campaigns, what option do the aggrieved candidates have during the campaign, especially since these kinds of dirty tricks typically happen late in the campaign? “The clear import of the statute is that the Legislature intended to empower candidates to seek injunctive relief to stop ‘violations in progress’ whether or not ELEC intends to impose fines or other penalties later,” Jason Sena, attorney for the Republicans, wrote. 

ELEC has never been equipped to quickly deal with election matters, typically meting out punishment in the form of fines well after the election. That’s at least part of the reason Senate President Nicholas Scutari, miffed by fines the agency imposed for years-old alleged violations that occurred under his predecessor, cut its statute of limitations from 10 years to two.

But what if the Judge Michael Blee determines that ELEC has sole jurisdiction — that a court can’t step in to provide immediate relief by, say, freezing a bank account, as Blee did to Jersey Freedom in November?

If that’s the case, we could see a lot more of this type of trick. Potential criminal prosecutions notwithstanding — and that can be a high bar — what’s to stop someone with lots of money, who’s not afraid of some eventual fines, from piling way more money into a phantom candidate campaign? Or other election shenanigans we haven’t conceived of yet? Couldn’t they do it knowing that the chances of it being stopped before Election Day are pretty much nil? There’s more than enough money to be made from gaining or staying in power to outweigh some potential fines.

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

QUOTE OF THE DAY: “The Stay New Jersey program, of course, is the one that they’re going to be staying up at night worrying about. New Jersey Transit, they’re willing to screw.” — Former New Jersey Chief Economist Charles Steindel on potential revenue shortfalls (article below)

HAPPY BIRTHDAY —  Matthew Dikovics, Susan Enderly, Rich Levesque

WHERE’S MURPHY? — Nothing on his public schedule

 

JOIN 1/31 FOR A TALK ON THE RACE TO SOLVE ALZHEIMER’S: Breakthrough drugs and treatments are giving new hope for slowing neurodegenerative diseases like Alzheimer’s disease and ALS. But if that progress slows, the societal and economic cost to the U.S. could be high. Join POLITICO, alongside lawmakers, official and experts, on Jan. 31 to discuss a path forward for better collaboration among health systems, industry and government. REGISTER HERE.

 
 
WHAT TRENTON MADE


‘I’LL BE BACK’ — Former state Sen. Ed Durr said those words during his Senate farewell speech this month after two years in office, so clearly he doesn’t want his political career terminated. I called Durr, a truck driver who shocked the political scene and became a right wing star after taking out former Senate President Steve Sweeney, to ask what his plans are.

“I’m definitely running again,” Durr told me. That doesn’t necessarily mean for state Senate in 2027, however. And probably not for U.S. Senate in 2024. “I’ve had many people ask me to do it. I just can’t — you’ve got $10 million, I’ll go do it,” Durr said. “You’ve got a lot of people [running]. Yes, I have the name recognition and maybe I’d be all right. But I promised my wife I would not run for anything this year.”

How about for governor in 2025? He left the door slightly more open that one. “If somebody asks me to run for governor, I’d be happy to take it under consideration. I've had people on Twitter say I need to, but nobody with a checkbook has asked me.”

It looks to me like Durr’s victory in 2021 was a combination of an unexpected Republican wave and Democratic machine passivity. Still, while he as some big electoral downsides— his 2020 Facebook anti-abortion comment about how women should “close their legs” almost certainly played a large roll in his 2023 loss — his regular guy appeal remains, and I wouldn’t call another campaign by him a non-starter, perhaps in a GOP-heavy constituency.

SLAYNJ — “Sagging revenue, looming costs could sink big senior citizen tax cut plan,” by New Jersey Monitor’s Nikita Biryukov: “Sagging revenue and a bevy of looming funding needs in the coming fiscal year threaten to pull New Jersey’s $8.1 billion surplus below a threshold that would pause the nascent StayNJ property tax relief program before it sends out a single payment. Revenue from New Jersey’s major taxes … were down $529.9 million, or about 2.8%, over the first six months of the fiscal year, which began July 1. The 6% drop in income tax collections accounts for the largest share of the decline. … In particular, the slowdown of collections threatens the viability of StayNJ. … Language in the bill that approved StayNJ says it can proceed only if the state can fund the program and do the following: meet constitutional obligations on school funding, make full pension payments, maintain two $250 property tax deduction programs, and commit 12% of annual spending as surplus. A range of funding needs New Jersey faces in the fiscal year that starts July 1 could make such a large surplus — one worth roughly $6.5 billion if spending stays level — an impossibility.”

JAIL FAIL — “County jail conditions — ‘hazardous even to a dog’ — spur calls for independent oversight,” by New Jersey Monitor’s Dana DiFilippo: “The water at the Mercer County Correction Center runs brown, if it runs at all. Some days, it’s shut off for hours, forcing the people incarcerated there to forego showers, get drinking water from a garden hose, and wait to use the toilets. The jail has no laundry. … Flies and larvae infest the bathrooms, toilets routinely spew raw sewage, and black mold darkens the walls. … Yet state inspectors deemed the facility, which dates back to 1892 and overlooks the Delaware River south of Lambertville, fully in compliance when they inspected the jail over several visits last January. … Most county jails in New Jersey and nationally, including Mercer County, have inadequate or no oversight to ensure operations are transparent, conditions are humane, and problems get fixed, watchdogs say.”

NEW JERSEY: THE REAL NEW AMSTERDAM — “N.J. weed lounges coming soon, your couch can retire,” by NJ Advance Media’s Jelani Gibson: “Cannabis regulators last week released proposed rules for creating weed consumption lounges in New Jersey, and said they expect more cultivators and manufacturers to join the cannabis industry in 2024. … The rules for the lounges, proposed at the Cannabis Regulatory Commission’s first meeting of 2024, would prohibit the sale of tobacco products and alcohol. That being said, the cannabis industry has been known to make ‘mocktails’ infused with cannabis to offer consumers the experience of drinking and inebriation. They would not allow food to be sold on the premises, but would allow food to be delivered from nearby restaurants or food delivery apps.”

—“Making sure toll cheats in state and out of state pay their fines” 

—“Shining a light on hate: Why Jaffer dropped Assembly seat” 

—“Banasiak O’Connor to lead NJOWA, a new offshore wind advocacy organization” 

—“NJEDA CEO Sullivan talks post-pandemic landscape in NJ” 

—Pizarro: “Protect the right to vote, New Jersey, and do something for America” 

—Snowflack: “Bramnick gubernatorial bid no laughing matter” 

—“Little agreement on Hunterdon hospital as possible processing site for migrants” 

 

YOUR GUIDE TO EMPIRE STATE POLITICS: From the newsroom that doesn’t sleep, POLITICO's New York Playbook is the ultimate guide for power players navigating the intricate landscape of Empire State politics. Stay ahead of the curve with the latest and most important stories from Albany, New York City and around the state, with in-depth, original reporting to stay ahead of policy trends and political developments. Subscribe now to keep up with the daily hustle and bustle of NY politics. 

 
 
BIDEN TIME


PATRICIA CAMPOS-MEDINA GOES TO TRAIL — “Taking dead aim at Trump, progressive Latina jumps into Senate race in NJ,” by The Record’s Charles Stile: “The 50-year-old Hunterdon County resident and child of immigrants who fled the unrest in El Salvador in the early 1980s is convinced that the indicted Sen. Robert Menendez will not seek reelection, leaving a void on the November ballot for a crucial and loyal Democratic constituency ‘If we do not give Black and Latino voters a candidate, we will not be able to defeat Donald Trump in the next election even here in New Jersey,’ she said in a recent interview. And here is the second part of her argument for running for the Democratic nomination in this June’s primary. She asserts that Tammy Murphy, the wife of Gov. Phil Murphy, who is also running for the seat, will fail to be a sufficient magnet to pull Latinos back into the voting booth for Democrats. The leadership of the Democratic Party, which swiftly pledged its support for the first lady in the counties with the largest caches of Democratic voters, have failed to diagnose that danger.”

CAN YOU SMELL WHAT GLEN ROCK IS COOKING? — “Glen Rock mayor endorses Tammy Murphy – and slams John Fetterman,” by New Jersey Globe’s Joey Fox: “The mayor of the only town in New Jersey with an all-female governing body endorsed First Lady Tammy Murphy for U.S. Senate today – and criticized the rhetoric of Pennsylvania Senator John Fetterman, who is backing Murphy’s Democratic primary opponent, Rep. Andy Kim (D-Moorestown). When endorsing Kim last week, Fetterman said that Murphy was likely “a lovely woman” but raised concerns over her past Republican voter registration. According to Glen Rock Mayor Kristine Morieko, the senator’s language is ‘an implicit dog whistle’ that demonstrates the need for a Murphy victory in this year’s Senate primary. ‘The overall portrayal of the female experience in New Jersey politics is described as marred by sexist and misogynistic tones, perpetuated by male figures in Washington,’ Morieko said.”

JD THE J6 DJ — “Atlantic City DJ to be sentenced for role in U.S. Capitol riot,” by The Courier-Post’s Jim Walsh: “A South Jersey disc jockey should be sentenced to probation for his actions at the U.S. Capitol riot, says a defense attorney who cites the man's extensive cooperation with investigators. James Douglas ‘JD’ Rahm III, 29, carried a GoPro camera during the insurrection ‘to film an historic video, not to promote an insurrection’ the Atlantic City man's lawyer says in a court filing.”

—“Former Watson Coleman intern enters race for 3rd congressional district” 

—“Chris Christie fans are trying to shock the world for Nikki Haley” 

LOCAL


OPRAH REFORM: YOU DON’T GET A CAR! — “No more taxpayer-funded cars for top execs at Newark Housing Authority,” by TAPIntoNewark’s Matt Kadosh: “A longstanding practice of offering top executives at the Newark Housing Authority personal use of taxpayer-funded vehicles is being discontinued in what is a series of changes, the agency’s executive director said this week. Executive Director Leonard J. Spicer, whose leadership of the NHA started in November, discussed the change following a meeting of the authority’s board of commissioners on Thursday, Jan. 18. … The changes come to an agency the U.S. Department of Housing and Urban Development had designated “troubled,” after the NHA failed in key measures, including the condition of apartments and in its financials.

ANOTHER BANNER YEAR — “Book ban rhetoric heats up again in North Hunterdon-Voorhees school district,” by MyCentralJersey’s Cheryl Makin: “The school board voted in 2022 to reject a resolution to ban the five books. All five volumes remain on the library's shelves. With that vote, many believed the district had turned the page on the controversy. But School Librarian Martha Hickson fears the controversy may be brewing again … At the Nov. 28 Board of Education meeting. Eric Licwinko, who was involved in the previous effort to take the five books off library shelves, read from the graphic novel, ‘Let's Talk About It: The Teen's Guide to Sex, Relationships, and Being a Human.’”

FLASH IN THE PAN — “Flash Gordon — that’s his real name — will run for mayor of Jersey City,” by New Jersey Globe’s David Wildstein: “Flash E. Gordon, a Jersey City sports legend and the father of former New York Giants linebacker Jonathan Casillas has entered the 2025 mayoral race, according to his Instagram page. Gordon, 61, played amateur basketball before taking a job with the Jersey City Department of Parks and Recreation.”

HAPPY RAWRGWAWGGR DAY TO YOU — “Clifton schools throw a 1st birthday party for Chewie the therapy dog,” by The Record’s Matt Fagan: “School 9's mascot may be a bulldog, but it's therapy dog Chewie the Goldendoodle who has clearly captured the hearts of the students and staff. On Monday, students celebrated Chewie's first birthday with a party at the school. The party was planned by randomly selected students from the district's 18 schools. Chewie, with his scruffy apricot-colored curly fur, has a monthly lunch date with selected students and Principal Joelle Rosetti at School 9. He also travels for lunch dates with students at the other schools as well.”

R.I.P. —  “Former Atlantic County Surrogate James Carney dies at 78” 

—“O’Connor hired for Atlantic County administration” 

—“Former Atlantic County elections official sentenced for theft” 

—“NJ towns may be forced to pay their ‘volunteer’ squads

—“Fired Jersey City cop claims mental health deteriorated over shootings, questions discipline” 

EVERYTHING ELSE


PORT FIRE — “What we now know about the fatal Port Newark fire,” by NJ Advance Media’s Ted Sherman: “It wasn’t just one mistake. Witnesses called to testify in a series of public hearings over the past two weeks by the U.S. Coast Guard in conjunction with the National Transportation Safety Board into the fire that killed two veteran firefighters offered new insights into the problems firefighters faced when they were called to battle a ship fire at the largest port on the East Coast. Even before a battalion chief made the fateful decision to check out the conditions deep below decks aboard the Grande Costa d’Avorio — an order experts testified should not have been given — there were significant problems with equipment, manpower, and a lack of knowledge about marine firefighting, the hearing officers were told. Those issues, compounded by failures of the ship’s crew as well, led to tragedy as a small fire turned into a big fire on a July night.”

CAUGHT BECAUSE HE WOULDN’T STOP TOOTING SOMEONE ELSE’S HORN ABOUT IT — “NJ Transit employee gets pretrial intervention for stealing 32 air horns from trains,” by The Record’s Kyle Morel: “An NJ Transit employee was sentenced to pretrial intervention for stealing nearly three dozen air horns from trains before his arrest last fall, authorities said. Jeremy Hayes received the sentence in state Superior Court in Morristown on Jan. 3, said the U.S. Department of Transportation Office of the Inspector General. … Hayes allegedly stole and transported 32 locomotive air horns from companies including Norfolk Southern Railway and CSX Transportation”

—“Valley names new president, COO as health system preps for April move to Paramus” 

 

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