Morris County Assignment Judge Stuart Minkowitz denied a bid by a Democratic congressional candidate in New Jersey’s 11th district special primary election to either extend the filing period or reduce the number of signatures needed to get on the ballot.
Donald Cresitello, a former Morristown mayor seeking to run in the February 5 special primary election to fill Gov.-elect Mikie Sherrill’s seat, had argued that a ten-day window to obtain 500 legitimate signatures was unconstitutional and favored candidates backed by party leaders.
“Other than bald allegations, there is no proffered support to substantiate a finding that similarly situated candidates were treated differently, as the time restrictions are the same for all candidates in the special primary and general elections,” Minkowitz stated in his ruling.
The judge heard oral arguments on Cresitello’s order to show cause this morning.
Minkowitz found that a writ of special election issued by Gov. Phil Murphy was “a burden on candidates that is not severe and justified by the recognized state interest in regulating elections to ensure ‘orderly’ operation of the democratic process, and the compelling state interest in ensuring full congressional representation.”
He said Cresitello did not meet the burden required in challenging a statute on constitutional grounds and said Murphy’s writ “applies equally to all candidates for the special primary election and does not restrict or interfere with any identified group’s ability to exercise their right to participate in the election or vote.”
Minkowitz rejected Cresitello’s argument that the court had the authority to rewrite the legislation with different restrictions.
“No authority exists to support this argument,” he said.
Other candidates to replace Sherrill include: Passaic County Commissioner John Bartlett (D-Wayne); Iraq War veteran and venture capitalist Zachary Beech; attorney and Trump impersonator J-L Cauvin; former Obama White House staffer Cammie Croft; Maplewood Township Committeeman and former mayor Dean Dafis; Essex County Commissioner Brendan Gill (D-Montclair); Morris Township Committeeman and former mayor Jeff Grayzel; newcomer Joseph Lewis; former Rep. Tom Malinowski; former Bernie Sanders political director and New Jersey Working Families executive director Analilia Mejia; newcomer Kennedy Pivnick; Chatham Councilman and Iraq War veteran Justin Strickland; Lt. Governor and Secretary of State Tahesha Way; and newcomer Anna Lee Williams.
The lone Republican in the race is Randolph Mayor Joe Hathaway.
The filing deadline is Monday, December 1, at 4 PM.
