| | | | |  | | By Matt Friedman | | Presented by |  | | | Good Wednesday morning! It’s been two years since allies of then-Rep. Tom Malinowski attempted to put him on the ballot twice, but the attempt to allow “fusion voting” in New Jersey — a system in which a candidate can appear more than once on the ballot after being nominated from different parties — finally got its day in court Wednesday. The three judge appellate panel that heard the case didn’t hint at any sympathy for either side, and they didn’t indicate when they’ll reach a decision. It was an interesting debate though. Proponents of fusion voting argued that even though the U.S. Supreme Court refused to overturn Minnesota’s ban of it in a 1997 decision, the judges should decide whether the 100-year-old ban on fusion voting violates New Jersey’s Constitution — not the federal one. Malinowski’s allies said it’s about stopping the major parties from blocking new ideas and new parties from the “political marketplace.” Opponents —in this case the Attorney General's Office and Republican State Committee — pointed out that if this is such a pressing issue, it’s strange that the ban hasn’t been seriously challenged. And that a request to allow fusion voting came up during a committee hearing in New Jersey’s 1947 convention, only to be rejected for reasons that are lost to history or were perhaps just never articulated. They also said it would leave the ballot open to manipulation. Jason Sena, attorney for the Republican State Committee, said that the “Moderate Party” that brought this case sought to do just that. He noted that two well-known Democrats — Sue Altman and Jennifer Holdsworth — were both involved in the party, which just happened to form in the only hotly contested New Jersey congressional contest in 2022 in a way to boost the Democratic candidate. I happen to now live in one of just two states that have fusion voting, though there was a recent attempt to suppress it and there have been some controversies about the way the ballot lines have been wielded by the minor party leaders. For the most part, though, the minor parties — The Working Families Party and the Conservative Party — just endorse the Democratic and Republican major party candidates. TIPS? FEEDBACK Email us at dracioppi@politico.com and rrivard@politico.com QUOTE OF THE DAY: “This would be my Spotify Wrapped if I didn’t share my account with my 12- and 15-year-old kids. While it’s Springsteen all day for me — don’t get me wrong, I still love listening to Taylor Swift!’” — U.S. Rep. and Democratic gubernatorial candidate Josh Gottheimer acknowledging that he fabricated his Spotify “Wrapped” to show exclusively Bruce Springsteen songs HAPPY BIRTHDAY: Maya Krishna-Rogers, Benjamin Brickner, Truscha Quatrone WHERE’S MURPHY? Media: “Ask Governor Murphy” at 7 p.m. on your local NPR affiliate
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PUTTING FAMILY FIRST — Patronage hiring at SDA settled by ethics panel, by POLITICO’s Dustin Racioppi: Former Schools Development Authority CEO Lizette Delgado-Polanco has settled ethics violations more than five years after she left the agency in a patronage hiring scandal. Under a State Ethics Commission consent order dated Dec. 3, Delgado-Polanco must pay $3,500 to the state. She had been hired by Gov. Phil Murphy in 2018 to lead the school construction agency as it sought a new round of funding. The agency is responsible for building schools in some of the state’s poorest districts. Delgado-Polanco initiated an overhaul of the authority and, in doing so, hired people with personal or family connections while firing other long-time employees, leading to several lawsuits. She resigned in April 2019. “In hindsight, while denying having committed any violations, Delgado-Polanco acknowledges that her actions ... could be perceived as violating” state ethics rules and laws, the order said. The order identifies four hires Delgado-Polanco made, or tried to. One was her nephew; another was the mother of Delgado-Polanco’s adopted grandchild; a third was the daughter-in-law of a close friend; and the fourth was a high school friend of Delgado-Polanco’s daughter, according to the consent order.
CORRECTIONS — “More than 100 sex offenders could be safely freed from controversial N.J. lockup, ex-judge says,” by Matt Gray for NJ.com: “Superior Court Judge Bradford Bury couldn’t believe what was happening in his courtroom. The judge was overseeing a hearing to decide if a man should remain locked up in New Jersey’s civil commitment system, the controversial program that holds sex offenders long after their prison sentences are done if they are deemed too dangerous to reenter society. The state brought a psychiatrist into Bury’s courtroom to help argue that the man, whose prison sentence ended two decades ago, should remain detained. But, Bury soon learned the same psychiatrist testified 20 years earlier when the man was first committed — for the defense. That time, the doctor argued the offender should not be committed. … The retired judge said he’s calling for major reforms to what he sees as a system in crisis. “My parents always taught me to be truthful and to do the right thing,” he said. “The SVPA docket is a mess and in terrible distress. Trying to fix it is worth my effort.” And Bury has a stunning assessment of the program: A third of the roughly 400 civilly committed sex offenders in New Jersey could be safely released if changes are made to how the system is administered.” DUDE, WHERE’S MY JOB? — “Cannabis use cost man a Walmart job, but he can’t sue, appeals court says,” by New Jersey Monitor’s Dana DiFilippo: “New Jersey job applicants denied positions because they test positive for cannabis cannot sue employers, even though state law forbids employers from refusing to hire someone because they use marijuana, a federal appeals panel ruled Monday. In a split decision, two judges agreed that the Cannabis Regulatory, Enforcement Assistance, and Marketplace Modernization Act, the 2021 state law known as CREAMMA that legalized recreational marijuana, does prohibit employment discrimination against cannabis users. But it doesn’t explicitly permit or spell out a legal remedy for it, wrote Judge Peter J. Phipps of the Court of Appeals for the Third Circuit. That ‘legislative silence’ means lawsuits challenging employment actions based on cannabis use cannot stand, especially considering legislators have codified legal remedies for many other sorts of discrimination, from pregnancy to tobacco use to blood type, Phipps wrote.” —“NJ’s online sales tax law up for change” —“State Senator McKnight reacts to family members killed in fatal Newark car crash” —“These New Jersey candidates for governor agree on one thing: The primary date should change to accommodate Shavuot” —“N.J. just hit 200K electric cars registered. How far is state from goals?”
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GAME OF DRONES — “NJ congressman says 50 drones came in from the ocean; at least a dozen trailed Coast Guard ship,” by The Asbury Park Press’ Jenna Calderon and Lisa Robyn Kruse: “More than a dozen drones followed a 47-foot Coast Guard boat Sunday night, while law enforcement tracked another 50 drones coming onto land from the ocean at Island State Park, Rep. Chris Smith said. Meanwhile, an FBI assistant director admitted that the agency doesn’t know who is behind the unidentified drones that are flying over New Jersey. Authorities did confirm that the drones are not coming from local military bases. The mystery of the unidentified drones deepened Tuesday, as federal officials admitted during a congressional hearing that despite repeated assurances from Gov. Murphy and other public officials, they can’t say definitively whether the drones pose a threat.”
—“Gottheimer Leaves no drone unturned in pursuit of answers” —“N.J. military base had 11 ‘confirmed’ mystery drone sightings, Army says” SALT IS A DIFFICULT PROBLEM TO LICK — Scalise says SALT talks already kicking off, by POLITICO’s Benjamin Guggenheim: House Majority Leader Steve Scalise said that Republicans were negotiating on Tuesday over how to accommodate concerns about the state and local tax deduction that could be an obstacle to a sweeping tax package next year. “We need to address this problem,” said Scalise (R-La.) of the contingent of House Republicans from California, New Jersey and New York who have been adamant about lifting the $10,000 cap on the deduction for state income and property taxes, known as SALT in tax parlance. “They’re coming back.” … The early negotiations signal just how challenging House Republican leadership expects it to be to muster the votes for an anticipated reconciliation bill next year, which could be passed without Democratic support. Republicans want to use the legislation to extend trillions of dollars in expiring tax cuts that President-elect Donald Trump and his allies in Congress pushed through in 2017, during Trump’s first term. And the most difficult part for leadership promises to be those pro-SALT Republicans, who held up a tax package earlier this spring over demands that it include some form of relief from the cap. —“Chris Smith on his plans for GOP-controlled Washington: ‘There’s so much unfinished business’” —“No jail time for Jan. 6 rioter from Ocean County”
| | A message from Alibaba: New Jersey-based businesses are growing globally on Alibaba’s online marketplace. Dr. Eddie Omar, CEO of New Jersey-based Phyto-C, said that his company “experienced a 600% increase in revenue since selling globally on Alibaba.” According to NDP Analytics research company, those sales contributed millions to New Jersey’s GDP, and supported thousands of local jobs in just one year.
Learn how global sales by New Jersey-based businesses are supporting the local economy in our state. | | | | | LOCAL | |
EVERYONE’S HIGH, BABY, THAT’S A FACT — “Atlantic City now has more weed shops than casinos with dozens more on the way,” by The Philadelphia Inquirer’s Amy S. Rosenberg: “Inside Everest, Atlantic City’s newest marijuana dispensary, a Mount Everest-themed shop with Tibetan prayer flags lining its ceiling and mounted black and white photos of the Steel Pier left from the check cashing shop it replaced, assistant manager Steven Parrish is making the case for why the shop will succeed. Everest is the 12th cannabis shop to open in Atlantic City since MPX on New York Ave debuted in April 2023. Which means there are now three more weed shops in the 48-blocks of the town than casinos. And many more might be on the way. Two dozen additional locations have been approved by the Casino Reinvestment Development Authority … and a dozen more applications are in the pipeline seeking approval. … But is there too much growth? City leaders don’t seem to think so.”
—“Atlantic City boutique hotel project to feature Monopoly-themed top hat” IF THIS CAR’S A ROCKIN’, DON’T COME APPLYING FOR A TEACHING JOB — “Judge rules NJ school district can fire teacher for 1997 lewdness conviction,” by MyCentralJersey’s Mike Deak: “The New Jersey Department of Education has ruled that the North Brunswick Board of Education can fire a tenured special education teacher [after being] notified of his lewdness conviction a quarter century previously. Robert Cauvin, who had been employed as a teacher in the district for nearly 20 years, appealed the board’s decision to fire him in May 2022. An Administrative Law judge ruled in favor of Cauvin, but the Department of Education overturned the judge’s decision, saying he had misinterpreted the law. In 1997 Cauvin pleaded guilty in North Brunswick Municipal Court to a lewdness charge after being found engaging in a consensual sex act in a car parked in a ‘very private’ area of the township, according to Department of Education papers.” VIRTUAL INSANITY — “Residents want Lakewood Township Committee meetings to be in person again. Town says no,” by The Asbury Park Press’ Joe Strupp: “A groundswell of vocal residents is urging the Township Committee via petition to return to in-person meetings after nearly five years of having them online only. But Lakewood elected officials, led by Mayor Ray Coles, say it's not happening, claiming the virtual approach works best despite its lack of face-to-face contact with taxpayers and Lakewood's below-average broadband access for residents. “The feeling of the committee is that it is much easier for people to participate this way,” Mayor Ray Coles said. … The five-person Township Committee has not held a meeting in the municipal building chambers since March 5, 2020, just before the COVID-19 pandemic shut down most public agencies and government events. Nearly 300 residents have made their opposition clear in a pair of petitions launched in the past year.” —“Lakewood gives up, and now poor can keep getting food and clothes at Town Square” PATERSON’S FIRST JAMBA JUICE LOCATION?— “A new live poultry market in Paterson is at the center of a dispute. Here's why,” by The Paterson Press’ Joe Malinconico: “A new live poultry market in the downtown business district has come under scrutiny from city officials amid complaints that the business is violating municipal ordinance by operating too close to people’s homes. A lawyer who says he represents neighbors has contacted city officials calling Bismillah Live Poultry, the new market at 65 Washington St., a public health nuisance that should be shut down. The lawyer, A. Michael Rubin, said Bismillah is violating a city ordinance that prohibits stores that sell and slaughter live poultry from operating within 50 feet of residences. But Bismillah’s owners — nine siblings from Bangladesh who pooled their savings to open the business — say they did everything city officials told them to do.”
| | | | REGISTER NOW: As the 118th Congress ends, major decisions loom, including healthcare appropriations. Key focus: site neutrality. Can aligning hospital and clinic costs cut federal spending, reflect physician costs, and lower patient expenses? Join policymakers and providers to discuss. | | | | | — “Vision for hundreds of downtown Toms River apartments could be wiped out by upcoming vote” —“[East Orange] fire chief suspended over harassment claims gets his job back” —“Feds & Hudson County reach settlement to ensure disabled voters have polling access” —“Ex-recreation director for [Brick] admits he stole nearly $10K” —“Trenton councilwoman wins runoff by one vote” —“Judge orders recount in Jamesburg council election” —“Plan for 300 affordable Asbury Park apartments has a problem; the city never agreed to it” —“Asbury Park goes retro for filming of Bruce Springsteen movie starring Jeremy Allen White” —“Pancoast resigns from Upper Township Committee” —“[Readington] teacher sues principal over alleged discrimination: 'Your Jesus is not welcome here'”
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STRANGE THAT THIS HAPPENED AFTER N.J. LEGALIZED A ‘GATEWAY DRUG’ — “Drug deaths decline sharply in NJ,” by NJ Spotlight News’ Lilo Stainton: “Far fewer people are dying from drug use in New Jersey this year when compared to the recent past, preliminary state figures show, with fatalities down significantly in three counties – Essex, Camden and Atlantic – that have long led the state in overdose deaths. This marks the third straight year in which drug-related deaths have declined in New Jersey, a development experts attribute to a mix of public education about addiction, reduced sigma around treatment services and better access to life-saving interventions like clean needles to reduce infection, testing kits to determine drug potency and the overdose reversal-agent naloxone, or Narcan. Drug deaths also dropped nationwide in 2023 for the first time in years … Overall, New Jersey saw 38% fewer drug-related deaths in the first half of 2024, when compared to 2022 and 30% lower than the levels recorded last year, according to suspected drug fatality figures from the Office of the Chief State Medical Examiner. If this trend continues through December, New Jersey would end the year with 28% fewer suspected drug deaths than in 2023 and nearly 37% below 2022 levels, according to NJ Spotlight News’ analysis the data.”
—“HPAE files complaint against HRH for allegedly trying to double insurance premiums”
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