Assembly Republican Leader John DiMaio calls for investigation into non-enforcement of N.J. election law

TRENTON, N.J. — Assembly Republican Leader John DiMaio is calling on the State Commission of Investigation to examine the state Division of Elections’ non-enforcement of a New Jersey election law following a federal court ruling this week.

According to the release, U.S. District Judge Zahid Quraishi issued an 18-page decision Monday finding that Libertarian congressional candidate Lana Leguía had been wronged by state officials but ruling that he lacked standing to restore her to the November ballot.

The case centered on a state law requiring petition circulators to be eligible New Jersey voters, a requirement Secretary of State Dale Caldwell had declined to enforce. According to the release, the Appellate Division previously found that Caldwell lacked the authority to disregard a statute that had not been repealed by the Legislature.

“This executive overreach is a gross abuse of the separation of powers,” DiMaio (R-Warren) said. “This is Civics 101. There is a process in place to change laws, and that is through the Legislative branch, not the arbitrary whims of the Executive.”

Leguía, who was seeking the congressional seat held by Republican Rep. Tom Kean Jr., asked the federal court to restore her to the ballot after the Division of Elections’ handling of her petition left her short of the required signatures.

DiMaio said the State Commission of Investigation should conduct an inquiry because the Attorney General’s Office represented the Division of Elections in defending its non-enforcement policy in court.

“That’s exactly why the Legislature created the State Commission of Investigation — an independent body with subpoena power, outside the AG’s chain of command,” DiMaio said.

DiMaio also linked the issue to other concerns he has raised involving the Sherrill administration’s handling of election and motor vehicle laws.

“Democrats write and pass bad laws, as we’ve witnessed in real time concerning the Motor Vehicle Commission voter registration opt-out and illegal immigrants being allowed to obtain driver’s licenses. Now we see real-world consequences of the Sherrill Administration ignoring statutes they don’t like,” DiMaio said. “We learned that state officials apparently told would-be candidates that they didn’t have to follow the law. Unfortunately, it begs the question: what other ‘inconvenient’ laws are Democrats ignoring?”

DiMaio said the Division of Elections’ handling of the matter affected Leguía and her supporters.

“Their bad advice, their defying the law, cost this candidate her spot on the ballot. For all the cries we hear about defending democracy, this was truly an injustice to Ms. Leguía, her supporters, all voters, and our constitutional order,” DiMaio said. “We cannot and will not let this issue die as the news cycle moves on. Republicans stand for free and fair elections, from the petition to the voting booth.”