A state appellate court panel today turned down an emergent motion by New Jersey Globe Editor David Wildstein to order the Election Law Enforcement Commission to order new gubernatorial debates before Election Day.
Wildstein argued that the September 30 Lieutenant Governor debate and the October 8 second Governor debate fell a few minutes short of the required one-hour length to meet that statutory duration requirement for an interactive debate.
In a 3-1 vote, ELEC rejected a complaint that would have forced Mikie Sherrill and Jack Ciattarelli to debate one more time.
In an eight-page decision, Judge Robert Gilson declined to assume original jurisdiction and determined that Wildstein did not establish a likelihood of success on the merits. The judges agreed with ELEC’s assertion that they lacked the time to go through a process to award more debates.
“The specific issue here is whether the Commission erred in interpreting its authority under the Act, and in determining that it did not have the authority to order additional gubernatorial debates for the 2025 general election,” Gilson wrote. “Notably, the Commission did not make a finding on whether any of the gubernatorial debates were less than one hour in duration.”
Instead, Gilson said, ELEC determined that there had already been three gubernatorial debates, and they lacked the authority to add more.
He also said that neither candidate requested another debate and that they “have not claimed any harm.”
Gilson said that Wildstein “has not shown that the public interest would be served by compelling additional debates on an expedited basis.”
While the emergent motion was denied, the notice of appeal stands and could be addressed at a later date.
The appellate judges granted Wildstein standing in the appeal.
Wildstein claimed the WPIX-11 and WPHL lieutenant governor debate and the WABC-TV and WPVI debates did not meet the full one-hour requirement.
Amanda Haines, the executive director of the commission, testified that ELEC staff reviewed 37 of 48 debates since 1989 and found that 21 of them, 56%, were less than one hour.
To reach the full sixty minutes, the commission determined that a post-debate gaggle where each candidate appeared individually would also be counted as part of the tally. The New Jersey Globe contested that, arguing that gaggles are not part of an “interactive debate” required by state law.
Wildstein 2025.10.22 Brief ISO Motion for Emergent Relief (1)_Redacted ORDER (DENIED AND OTHER)
