Manzo to AG: Take Sandy off

Saturday, April 21, 2007
By KEN THORBOURNE
JOURNAL STAFF WRITER

Assemblyman Lou Manzo, D-Jersey City, who is seeking the Democratic nomination for state senate, said yesterday he has asked state Attorney General Stuart Rabner to ignore Administrative Law Judge Joseph Paone's recommendation that his chief rival in the race, Sandra Bolden Cunningham, be allowed on the ballot.

Paone ruled Thursday that although Bolden Cunningham's campaigners collected petition signatures on the form for the general election instead of the primary, she still should be allowed on the ballot for the June 5 contest.

Election laws should be "liberally construed" so as not to "deprive voters of their franchise," Paone wrote in his decision.

The final decision rests with the attorney general, who has 45 days to either accept, modify or reject Paone's decision, officials said. The primary is 47 days after the day the ruling was issued.

The Division of Elections has already certified Bolden Cunningham's petitions.

Once Rabner makes a decision, either candidate can appeal it to the state Appellate Court.

Jersey Journal Political Insider Column: Cunningham hearing not a Perry Mason episode

Saturday, April 21, 2007

I t was an interesting Wednesday at the Administrative Office of Law hearing on the legality of the nominating petitions filed by Sandra Bolden Cunningham. Cunningham is the Hudson County Democratic Organization's Senate primary candidate in the 31st District.

The hearing experience seemed hallucinagenic and when it ended and the whole seventh floor of the Newark building emptied, there came to mind a quote: "You seem to have a whole ward to yourself, my boy."

First, Cunningham is on the ballot, as most of us who deal with the political world knew would be the case - at least when one first walked into the hearing room. Coming out of it was another question.

Cunningham and the HCDO are intact, but not because Attorney General Stuart Rabner has expressed a well-thought-out reason why she should be allowed to run in the primary. Instead, so far, Rabner has decided to do nothing. In essence, unless he issues an opinion, he is making use of what could be called a pocket veto of the appeal. Once he makes a decision, and he has 45 days to do it, it opens the door for either side to make an appeal in superior court.

When filed on April 9, those petitions were approved on review by state Division of Election employees, paving the way for Cunningham's candidacy. Since the AG has made no ruling, the process continues as if there were no appeal. With a "pocket veto," Rabner would give Assemblyman Lou Manzo only two days before the primary for Manzo to appeal - and what judge would stop the entire process at that point? Of course, the attorney general could come out with decision next week, but no one is holding their breath.

One could easily have said it would give Cunningham only two days to appeal, but it would be a shock to the journalistic system if Rabner ruled against the widow of Jersey City Mayor and Sen. Glenn D. Cunningham.

One reason is that Administrative Law Judge Joseph Paone decided that Cunningham should be on the ballot, but we'll look at the decision in a moment.

Another reason - more of an observation - is that before his high-speed SUV accident, it was well known in Hudson County and state political circles that Corzine would rather see anyone but Manzo in office. Manzo took every opportunity to challenge the governor on tax reform issues that the assemblyman believed hurt his constituents and favored the more affluent state residents. Corzine resented being characterized by Manzo as sitting on a throne rather than in the governor's chair.

Corzine also likes the idea of having more diversity in the Legislature. It could be because he genuinely feels this way, but we cynics think it is because he may have higher political aspirations down the road - if he keeps his seat belt on.

OK, let's look at the administrative law judge's decision. Remember, we are not as smart as all those lawyers and judges - and I'll grant you that attorneys Stephen J. Edelstein, representing Cunningham, and Angelo J. Genova, Manzo's hired gun, were both impressive. One assumes their middle names are Justice.

The task was harder for Genova because the burden of proof was on the challenger. The judge agreed with Manzo that the wrong petitions - general election - were used and nearly half of the petitions were thrown out as "defective" because some of the petition circulators were not registered voters. There were still enough signatures for a candidacy.

Yet, despite filing "general election" forms, the judge was convinced that there was enough publicity generated - and the remaining petition circulators testified that they told most signers that it was for the primary - that people knew they were signing primary petitions.

Since most of the signatures were obtained in February and early March, it is very doubtful that the signers knew that Cunningham would be running in the primary under the HCDO flag. There was a great deal of assumption then that she would be battling both the HCDO and the Democrats for Hudson County. The "Kumbaya" moment, or reconciliation, with the HCDO came late in March. This is why the petitions had "Democratic" and "HCDO" hand-scrawled on them before they were filed. Manzo's attorney argued that they were essentially different documents from the ones people signed. It matters not.

Then there was the fallback position used to ignore the blunders and procedural mistakes. It is a variety of court cases that essentially made election laws extremely flexible. The judge cited these cases that allow him to use a very liberal interpretation of the law. In his opinion, he cites the Cunningham argument that "... we must look to the intent of the signatories when they signed the defective petitions so that they may not be disenfranchised."

Essentially, yeah, you may be right and that they did all these crazy things and they may have violated the law, but .

The Wednesday hearing was far from a Perry Mason episode, although it had plenty of interesting characters and surprises.

In the hallway were potential witnesses, including former Mayor Gerry McCann. Gerry is interesting because he was also busy on his laptop computer reviewing registered voters. It was interesting because McCann's presence was communicated back to HCDO HQ and they wanted this columnist to call Manzo a liar for previously saying that McCann has nothing to do with his campaign.

It seems that McCann can never stay away from a campaign. The newly elected Jersey City Board of Education member has got to be a magnet for controversy. For instance, did he or didn't he get Carl Czaplicki's father - who is in a nursing home - to vote for him? Czaplicki is Jersey City Mayor Healy's chief of staff. Apparently, other nursing home residents are McCann voters.

Also in the hallway was Cunningham's Assembly running mate, Bayonne Councilman Anthony Chiappone, who seems to have all the answers for Sean Cotter. Cotter is a former potential 31st District Democratic Party primary candidate for Senate out of Bayonne. He bailed out four days after filing when Manzo filed a complaint in court claiming that Cotter was recorded by Attorney General investigators discussing jobs and other items promised to him by the HCDO for running in the primary as a spoiler. No one has seen or heard from Cotter since.

Seated in the hallway among a bevy of Cunningham backers was Domenic Santana, owner of the Hard Grove Cafe.

"What is this, Cuba?" complained Santana. "Is this a democracy?"

Hudson County campaign people are certainly passionate. They are rabid in Union City, dedicated in North Bergen, and emotional in Jersey City.

One witness, Virginia Miller, was quite combative with Manzo's attorney and Genova kept his distance. When she left the witness stand, she stopped long enough to shake her finger at Manzo, but they did hug.

Cunningham spent a long time on the stand and was grilled by both sides, but stood up to it well.

Whenever there was a potentially embarrassing question or critical fact sought, witnesses blamed Mr. "I don't recall" again and again.

The hearing room was hot but no one wanted to leave the all-day session. Audience members were slightly miffed when half of them were delegated to the hallway because they were potential witnesses, but they poured back in when the closing arguments started.

When Genova spoke, there were hisses and some booing from the back rows. There were even some occasional calls of "liar." Give them credit - while they knew the issues were important, they also enjoyed the theater.

Sitting in a corner of the hearing room, this columnist tried to become part of the wall.

"Hey, it's the Insider," they shouted.

"We love your stuff, every Wednesday and Saturday we can't wait," said another.

They also always add : "Why don't you get it right this time!"

In a previous column, it was mentioned that McCann is the theme of the HCDO campaign against Manzo. Look for it to escalate. The premise is simple. McCann is evil. McCann is friendly with Manzo and helps the assemblyman. Therefore, Manzo is evil.

This could be a two-edged blade.

There were no two people closer to McCann than Cunningham's campaign managers Bobby Jackson and Joe Cardwell. Jackson ran twice with McCann, in 1981 and 1985, and Jackson was City Council president in the McCann administration. Cardwell was the Ward F boss for McCann.

It was McCann who appointed Healy a municipal judge and it was the same McCann who fired Manzo in 1989 as the city health officer.

When did McCann fall from grace? Well, there are a few answers to that one.

Glenn Cunningham is the one who was credited with bringing McCann and Manzo back together to be part of his team.

Of course, it was the widow who says she felt disgust when Manzo and McCann wanted to select a replacement for her husband too soon after his death. Then again, she blamed the HCDO and, in particular, County Executive Tom DeGise for making Glenn's political life miserable.

Reconciliation is a wonderful thing in politics.

ON THE BALLOT
Bolden Cunningham certified for primary over foe's objection

Friday, April 20, 2007
By KEN THORBOURNE
JOURNAL STAFF WRITER

Sandra Bolden Cunningham was cleared yesterday to be on the June 5 Democratic primary ballot.

Acting on the recommendation of an administrative law judge, the state Division of Elections certified her petition signatures yesterday, allowing her to run in the primary for state senator in the 31st District, a seat her late husband, Jersey City Mayor Glenn D. Cunningham, once held.

The judge, Joseph V. Paone, rendered his opinion yesterday in time for Bolden Cunningham to be included in a ballot drawing that was held at 3 p.m. at the Hudson County Clerk's Office.

Bolden Cunningham's opponent, Assemblyman Lou Manzo, D-Jersey City, had challenged her petitions on the grounds that the signatures were collected on "general election" forms instead of "primary election" forms.

Bolden Cunningham is being backed by the Hudson County Democratic Organization and Manzo is running for the Senate seat on a countywide ticket headed by Union City Mayor and Assemblyman Brian Stack, who is a candidate for state Senate in the 33rd District.

Although Paone found Cunningham's petitions "defective," he wrote in his decision that election laws should be "liberally construed" so as to not "deprive voters of their franchise."

"I am very happy," Bolden Cunningham said yesterday. "This is a vote of confidence for the democratic system. The people have won."

Manzo said he hadn't yet decided if he would appeal the certification to the Appellate Court.

"There is enough in the findings of fact to warrant a serious consideration to overturn this case," he said.

Even though her campaign used the wrong petitions, Stephen Edelstein, the attorney representing Bolden Cunningham, pointed out in court that clerks working for the Division of Elections accepted them on April 5 and April 9 and checked the box on a receipt for "primary election."

Besides, "Democrat" and "Hudson County Democratic Organization" were also written on the petitions to indicate they were for a primary.

But Paone found that those slogans were written on the petitions after people signed them.

On the other hand, he also concluded that Bolden Cunningham's announcement that she was running on the HCDO ticket received "widespread local publicity," so he could "infer that many signatories would have known that Cunningham was participating in a primary."

Lumping Manzo in with his campaign ally, former Jersey City Mayor and school board member-elect Gerald McCann, Bolden Cunningham said: "The challenge is typical of the McCann-Manzo team . It's the same team that circulated nude pictures of Mayor (Jerramiah) Healy when Manzo ran against him for mayor."

Manzo called Bolden Cunningham's accusations "a pack of lies," adding: "She has to win on a smear campaign because she can't win talking about the issues."

Political Insider Column: In the center ring, a disappearing candidate
Hudson County politics is The Greatest Show on Earth.

Jersey Journal -- Political Insider Column -- April 14

This season there are three rings under the Big Top - the 31st, 32, and 33rd legislative districts. Yesterday, the 31st District was on display in Superior Court Assignment Judge Maurice Gallipoli's courtroom.

A complaint was filed involving 31st District Senate candidate Sean Cotter of Bayonne brought by Democrats for Hudson County Senate (DFHC) hopeful Assemblyman Lou Manzo of Jersey City.

Represented by attorney George Sommers of Hoboken, Manzo charged that Cotter had been recruited by the Hudson County Democratic Organization (HCDO) on behalf of the Sandra Bolden Cunningham ticket. Cunningham is also running for Senate, with both Bayonne Councilman Anthony Chiappone and former Jersey City Council President L. Harvey Smith seeking Assembly seats.

All of Bayonne and part of Jersey City, mostly Ward F, make up the 31st District. The idea was for Cotter to take some votes away from Manzo in Bayonne, where he is expected to do well in the primary. The complaint charges that Chiappone got Cotter's nominating signatures, most of them identical to the councilman's petitions, notarized them, and filed them for him.

It was also charged that Cotter was enticed to run as a spoiler by offering him a job on Cunningham's legislative staff, plus another undetermined job.

The big offer was alleged to be a grant from Jersey City Mayor Jerramiah Healy's nonprofit foundation that would be donated to Cotter's favorite nonprofit, New Jersey Inner City Tennis Foundation.

Everyone has denied the charges. Cunningham said it was a ploy by Manzo. Chiappone could not be reached for comment.

Even better, Healy pulled out the Gerry McCann defense that worked well in the Jersey City municipal election campaign. When Healy's not so flattering but very embarrassing front porch photo appeared on the Internet, the Heights politician got a sympathy vote by claiming he was set up by former Mayor McCann.

Healy is now saying that the Cotter conspiracy was devised by Manzo and Satan himself, McCann. Manzo said that McCann is not part of his campaign. Among other colorful remarks, McCann countered by saying that Healy should be ashamed to be Irish. There was no translation.

Two days after the 37-year-old Cotter - or whoever - filed his petition, he was quoted by this columnist as denying being a spoiler, adding that he has "a good shot" at winning.

Four days after filing, and right after being served with an order to appear in court and with a copy of the complaint, Cotter withdrew from the race by sending a hand-scrawled note to the state Division of Elections.

Judge Gallipoli told Sommers, Manzo's attorney, that there is nothing more that he can do, since Cotter withdrew. The judge did say he was waiting for some kind of lawsuit, after all it's the election season, but his remarks are not to say that he does not find much of what goes on in the political world interesting and entertaining.

Sommers said he wanted Chiappone to testify because he was alleging that he brokee the oath on his petitions that called for him to uphold the laws of the state and nation. Manzo's attorney said Chiappone's fingerprints were all over the Cotter situation. "If the oath is invalid, then (Chiappone's) petitions are also invalid," said Sommers.

Gallipoli would not entertain the notion of bringing Chiappone to the stand, saying that he is not an investigator and that it would be up to the state attorney general to look into the matter. Yet, the judge apparently knew Cotter had withdrawn, and still allowed Sommers to explain his complaint in open court before calling the issue moot - a legal way of saying there's no point now that the problem had taken care of itself. And this brings us to something else.

Sitting with the lawyers before Gallipoli was state Deputy Attorney General Susan C. Berger. When introducing herself, Berger made a point to Sommers that she was not with the Division of Elections but with the Attorney General's Office. She did produce Cotter's letter of withdrawal.

In the complaint, it is noted that Cotter contacted Manzo, supposedly after making the HCDO deals that would have him run as a spoiler. Manzo says he then called his attorney, who advised him to call the Attorney General's Office. According to the complaint, it almost sounds as if Cotter was looking for a better arrangement.

As a result, the complaint adds:

"Multiple contacts and communications between Cotter and Mr. Manzo were recorded by investigators working for the attorney general."

Berger and Attorney General's Office spokesman David Wald would not comment on any possible investigation, as usual.

The only problem with any probe is that it will take forever, past the primary. Whether there is an investigation or not in this state sometimes depends on who wins the elections and how fast moss grows.

As for the campaign, it is not time yet to bring in the clowns. We're still observing the elephants and donkeys.

On Thursday, even when Cunningham was on the state's unofficial Internet list as a primary candidate, state officials were still reluctant to say whether she was really in the primary. She only filed petitions for the "general election," which under normal legal circumstances would mean she couldn't run in the primary.

There was always a possibility that she was planning to run as an independent rather than embrace the HCDO, a group her late husband, Jersey City Mayor Glenn D. Cunningham, had bitterly fought, or the group headed by Union Mayor and Assemblyman Brian P. Stack and Manzo, whom she disliked.

By law, an independent candidate files a nominating petition for the general election, but she has decided to run under the HCDO banner. Was there confusion or dyslexia?

Exacerbating the matter, the state Division of Elections has already disqualified 13th District Assembly candidate Robert Brown of Old Bridge for doing the exact same thing.

Yesterday, the state said it now recognizes Cunningham as a primary candidate, although they still have to deal with a letter of protest from Manzo, through his attorney, Angelo Genova of Livingston.

As for Brown, who is also a Democrat, his case goes to administrative law. It would be difficult to accept one and reject another.

Oh yes, there is also a curious bit of filing by Manzo's running mates seeking Assembly seats. U.S. Sen. Robert Menendez's former - as Bob's people called to point out - chief-of-staff Nicholas Chiaravalotti and Sheila Newton Moses filed both primary and general election nominating petitions.

This adds to the confusion, but the odd thing is that while both have enough signatures for each, there is no rush to attempt to pull one or the other. Could they be waiting for the disposition of the Cunningham case?

All should be decided by the middle of next week.

Jersey Journal Update


Friday, April 13, 2007

Manzo: Mayor Healy offered opponent jobs, money to run for office

Jersey City Mayor Jerramiah Healy, Sandra Bolden Cunningham and Bayonne City Councilman Anthony Chiappone enticed a ?spoiler? candidate to run for state Senate in the 31st District with promises of jobs, cash, and political support, according to a lawsuit filed in state Superior Court today by Assemblyman Lou Manzo.

And the alleged ?spoiler? ? Bayonne resident Sean Cotter, who yesterday voluntarily withdrew his candidacy ? was caught on tape spilling the beans, according to Manzo?s claim.

Manzo is squaring off against Bolden Cunningham, the widow of the late Jersey City Mayor and state Sen. Glenn D. Cunningham, for the Democratic nomination for the 31st District senate seat. Chiappone is running for assembly on Bolden Cunningham?s ticket.

The gist of the suit was that Cotter?s candidacy was intended to siphon away votes from Manzo in Bayonne. Manzo was asking Judge Maurice J. Gallipoli to remove Cotter from the ballot but the case ended abruptly yesterday when it came to light that Cotter had dropped out on his own.

But that might not end the matter.

According to Manzo, after he was first approached by Cotter on March 6, he contacted the state Attorney General?s Office. Then, under the supervision of investigators working for that office, ?multiple contacts and communications between Mr. Cotter and Mr. Manzo were recorded,? according to Manzo?s suit.

David Wald, a spokesman for the Attorney General?s Office, would neither confirm nor deny whether there is an investigation. Deputy Attorney General Susan Berger attended today's hearing but would not comment either.

According to Manzo, Cotter was told by Healy, Bolden Cunningham and Chiappone that if he ran, he would be given a job on Bolden Cunningham?s senate staff; handed another public job, presumably in city government; and that his nonprofit New Jersey Inner City Tennis Foundation would be given a grant from the Jerramiah T. Healy Charitable Foundation.

Neither Chiappone nor Cotter could be reached for comment.

Healy called the court case a ploy by former Jersey City Mayor and Manzo ally Gerald McCann.

?I have to question why Mr. Manzo is so intent to run for office unopposed that he?s willing to partner with Mr. McCann and make these false allegation against myself, or against any other candidates,? Healy said. ?McCann and Manzo all over again. And again, these allegations are damn lies.?

McCann said he never met Cotter, and, referring to pictures of the mayor that surfaced before his election showing him naked on his porch, added, ?Tell him to keep his clothes on and calm down.?

Bolden Cunningham said: ?I know absolutely nothing about this. I never met this man (Cotter). This is a ploy to damage our campaign on Mr. Manzo?s part.?

Ken Thorbourne

***********************************************Ahhhh, spring is in the air!

Manzo: I'll challenge

Friday, April 13, 2007
By KEN THORBOURNE
JOURNAL STAFF WRITER

Sandra Bolden Cunningham's ballot status for the June 5 Democratic primary election remained in legal limbo yesterday as her opponent vowed to file a legal challenge to her name appearing on the ballot and state officials went mum.

In a major gaffe, Bolden Cunningham, a candidate for state Senate in the 31st District, filed qualifying petition signatures with the state on forms downloaded from the Internet clearly titled "Petition of Nomination for the General Election."

As a candidate intending to run on the Hudson County Democratic Organization line, her petition signatures should have been submitted on forms - a mouse click away - titled "Petition of Nomination for the Primary Election."

"Oops!" crowed Bolden Cunningham's opponent, state Assemblyman Lou Manzo, yesterday. "Imagine if this was vital critical legislation to our district. I think in such troubling times do we want to send someone with experience or a novice to Trenton?"

Manzo said he plans to file a legal challenge today with the state Division of Elections to Bolden Cunningham's name appearing on the primary ballot.

Questions posed to the Division of Elections about Bolden Cunningham's ballot status yesterday went unanswered.

Bolden Cunningham, widow of former Jersey City Mayor Glenn D. Cunningham, is listed on the agency's Web site as a primary election candidate. But that's on an "unofficial list."

Bobby Jackson, one of her campaign chiefs, and HCDO chair and state Sen. Bernard Kenny pointed out yesterday that when Bolden Cunningham submitted her petition signatures in Trenton - on April 5 and on April 9 - state employees reviewed them and checked a box indicating they were for the primary election.

"If the Division (of Elections) had let Mrs. Cunningham know on April 5 it was the wrong form, we could have corrected them," Kenny said. "The Division of Elections does not have clean hands on this issue.

"We are submitting amended cover sheets . that clarify the intent of the voters was to sign for her as a primary election candidate," Kenny added.

The HCDO is preparing a legal challenge to the petitions of Manzo's two state Assembly running mates: U.S. Sen. Robert Menendez's former chief-of-staff Nicholas Chiaravalotti and Jersey City day care administrator Sheila Newton Moses, Kenny said. Kenny said the two submitted signatures on both the primary and general election forms - an election law no-no.

Attorney General's Office spokesman David Wald said last night that Chiaravalotti and Newton Moses filed petitions for only the general election, meaning they may not be allowed to run in the primary.

A campaign official for Chiaravalotti said his candidate will, for now, allow the Bolden Cunningham camp to make the argument it shouldn't matter what form the signatures were collected on.

Monmouth County Democratic Assembly candidate Robert Brown is watching these goings-on with great interest. Division of Elections staff turned him away when he tried to register for the primary election with signatures collected on general election forms.

SANDY OUT OF PRIMARY
Filed petitions for Nov. only

Thursday, April 12, 2007
By JARRETT RENSHAW
JOURNAL STAFF WRITER

Those wanting to vote for Sandra Bolden Cunningham during the June primary may be disappointed after it was revealed yesterday that she never filed a petition to get on the ballot.

Cunningham was expected to run as the Hudson County Democratic Organization's candidate for state Senate in the 31st District against the rival Democrats for Hudson County (DFHC) hopeful, Assemblyman Lou Manzo. Both candidates are from Jersey City.

State law requires state legislative candidates who are affiliated with a party to file a separate petition for the primary, according to state independent legal sources. The candidate who wins the primary receives automatic certification from the state as the party's candidate in the November general election.

If a candidate intends to run for a state office as an independent, a petition must be submitted for the November general election.

In Cunningham's case, she only filed petitions for the general election, which means she cannot run in the primary.

State Sen. Bernard Kenny, who heads the HCDO, says his organization plans to fight to get her on the primary ballot. Kenny says Cunningham, the widow of former Jersey City Mayor Glenn D. Cunningham, downloaded the form from the Internet, but, as a political novice, didn't understand the filing process.

"It's a technical mistake, and I understand that it wasn't only Mrs. Cunningham that had trouble with the Internet forms," said Kenny. "We are confident that this will be resolved, and we will fight hard to make sure that happens."

Neither Cunningham nor her running mate for Assembly in the 31st District, Bayonne Councilman Anthony Chiappone, could be reached for comment. The other Assembly candidate, former Jersey City Council President L. Harvey Smith, said he was surprised to hear of the petition problems and that he filed his own petitions for the primary and has received state certification of approval for his signed forms.

Manzo said yesterday that he has been busy campaigning and had only just heard reports of a petition problem in the Cunningham camp.

"I'm waiting to see what this is all about," he said.

The implications of Cunningham's apparent mistake are unclear. Most believe Cunningham would be forced to run as an independent in the November election, and off the county party line. Should the mistake force her off the HCDO line, the chances would be more than good that Manzo would win the Democratic nomination for state Senate.

Political Editor Agustin C. Torres contributed to this article.