Big Win For Change Democrats in Middlesex

The Honorable Judge James P. Hurley upheld the rights of 20 candidates to compete for Democratic Committee seats in the upcoming Primary election on June 2nd. The challengers are members of Democrats for Change (DC), a coalition of long-term residents, renters and students from every district in New Brunswick running for 50 committee seats in the upcoming primary.

Charlie Kratovil, a campaign manager for the group, reacted to the ruling saying, “democracy had its day in court and democracy won.” The ruling delivered on Friday May 1st struck down the one year residency requirement which was the basis for Democratic Party Chairman T. K. Shamy's disqualification of the 20 DC members. Curiously only Rutgers Students or those under 30 with some University affiliation were targeted for disqualification.

The ruling is a tremendous victory for the residents of the city, who will see a competitive party election for the first time in decades for at least 50 out of 56 committee seats. Sean Monahan (Ward 5, District 2), one of the candidates Mr. Shamy attempted to disqualify, said, “This is a great day for New Brunswick residents because it allows us to bring all the different neighborhoods and communities together to bring change to our city just as we brought change to our country in this past November's presidential election.“

The argument came down to two NJ elections laws (NJSA 40A and Title 19) and which statute has jurisdiction over local party committee elections. The Hon. Judge Hurley's ruling was in agreement with the reasoning of Democrats for Change, namely that NJSA 40A pertains to elections for governmental offices but does not apply to political party positions. Deciding that Title 19, which makes no mention of a residency duration requirement, applies.

Deputy Attorney General Thu Lam, representing both the Secretary of State of NJ as well as the state Attorney General, weighed in agreeing that no residency duration requirement exists for party positions in the state of New Jersey.

Thomas Peoples, a Democrats for Change candidate in Ward 4, District 5, said, “I am thrilled by this decision. After reading the documents, it was clear to me that the one year requirement does not apply. The main thing now is that we run a strong campaign and get leaders who have a strong connection to their neighborhoods and clear understanding of what residents need.

Patricia Bombelyn, attorney for Democrats for Change, admitted that if the one year requirement was upheld, eight of the DC candidates would be struck down, but even under those circumstances, twelve candidates were wrongly disqualified. She cited the Mercer case from 1972 which upheld the right of persons 18 years or older to register to vote where they are living at college, arguing that the right to vote and the right to run for office cannot be divorced from one another.

The DC campaign was initiated by members of Empower Our Neighborhoods, spanning all walks of life in New Brunswick. What the DC candidates all have in common is the shared experience of working last November to make Obama's Presidency a reality and to bring meaningful change to the nation. Now DC members are looking to change their home city, to make government more accountable, and municipal decisions more democratic.