New Jersey
You can’t make this up, even in New Jersey – New Jersey Globe
In a mystifying punt of two poll entry lawsuits, a New Jersey appellate courtroom choose will enable main elections to be held on June 7 with the intention of deciding the eligibility of candidates after Election Day.
Appellate Decide Hany A. Mawla in the present day vacated his personal keep of nominating petition challenges within the Democratic main for Union County Commissioner and the Republican main for Howell Township Council.
Mawla denied a request for emergent aid, which implies there won’t be an instantaneous ruling.
“The keep entered on this courtroom’s order dated April 22, 2022 is hereby vacated,” Mawla stated in his order. “The enchantment shall proceed within the regular course.”
As an alternative, Mawla ordered a briefing schedule that begins on June 10 – three days after the first – and ends on July 21.
Election officers might start to print and mail ballots. Federal legislation required them to have mailed army and abroad ballots final Saturday, a missed deadline that isn’t the fault of county clerks.
“It makes it extra apparent that they don’t know what they’re doing,” one election lawyer stated in regards to the New Jersey judiciary’s dealing with of election issues. “The legislature wants to repair this.”
The 2 instances are solely totally different.
In Union County, three off-the-line challengers to incumbent county commissioners, are interesting Superior Court docket Decide Alan Lesnewich’s ruling that tossed them off the poll as a result of they fell three signatures in need of the 100 wanted to qualify.
Kathleen Sheedy, one other Superior Court docket choose, put two Republicans on the poll in Howell although neither obtained the required 50 signatures. She allowed three candidates to retroactively mix their nominating petitions, although signers noticed only one identify. That creates a four-way race for 3 seats within the GOP main.
The issue for the candidates who filed the enchantment is that there isn’t any actual treatment if the appellate courtroom have been to seek out of their favor, main some to probably view Mawla’s ruling as slick and disingenuous – maybe pushing the plaintiffs to easily drop their problem.
If the plaintiffs, the “Democrats for Change” slate in Union and John Hughes, who filed on behalf of the Howell Democrats, win, it’s doable that the courtroom might wind up invalidating the first election outcomes and ordering a brand new election
However the runway for a brand new main is extraordinarily slender.
Let’s say Mawla and the opposite appellate choose on the panel, Michael Haas, have been to resolve the case on the July 21 – the day the final transient is filed, with out oral arguments – in favor of the plaintiffs.
Go one step additional and say {that a} Superior Court docket Decide have been to set the date of a brand new main that day.
Up to now, county election officers have testified that they want at the very least six weeks lead time to run an election that might additionally embody early voting. It’s unrealistic to anticipate a brand new main earlier than August 30, and arduous to foretell voter turnout in a late August particular main for county commissioner.
With recount durations and time allotted for vote-by-mail treatment letters to be remedied, the earliest the brand new main may very well be licensed could be September 23. That’s sooner or later earlier than the September 24 statutory deadline to mail out common election ballots.
It’s not clear how this would possibly have an effect on different races. In New Jersey’s tenth district, Democratic congressional candidate Akil Khalfani is bracketed with the “Democrats for Change” slate in Union County and gained’t benefit from their being on the poll within the June main.
A federal appellate choose dealt with one other New Jersey election subject in a different way than Mawla.
Decide Thomas Ambro of the third Circuit U.S. Court docket of Court docket of Appeals denied Passaic GOP sheriff candidate Troy Oswald’s emergency movement for a short lived restraining order or preliminary injunction in his bid to have a state statute on residency necessities declared unconstitutional.
On the identical day the enchantment was filed, Ambro cited U.S. District Court docket Decide Madeline Cox Arleo’s “well-reasoned opinion.” The enchantment continues, however successfully added readability to the race. Republicans have now changed Oswald on the poll.
New Jersey
New Jersey State Police Gave a ‘Free Pass’ to Motorists with Courtesy Cards or Ties to Police, Investigation Finds – Insider NJ
The Office of the State Comptroller found even motorists suspected of dangerous driving offenses were let go by New Jersey State Police.
TRENTON—An investigation finds that New Jersey State Police troopers routinely gave preferential treatment to certain motorists who presented a courtesy card or asserted a personal connection to law enforcement—even when motorists were suspected of dangerous offenses, like drunk driving, according to a new report by the New Jersey Office of the State Comptroller.
OSC’s Police Accountability Project reviewed body worn camera footage of 501 no-enforcement stops by New Jersey State Police–meaning stops where New Jersey State troopers did not issue tickets or make arrests. In 139 or 27 percent of these no-enforcement stops, motorists presented a courtesy card, claimed to have a friend or relative in law enforcement, or flashed a law enforcement badge and then were let go, OSC’s report said. In some cases, the trooper released the motorist immediately, offering some version of “you’re good.” The report found that courtesy cards are in wide usage and function as “accepted currency” by state troopers. (In all but one case, the troopers gave the courtesy card back to the motorist, enabling the card to be used again.)
Reviewing more than 50 hours of body worn camera footage of the stops, which took place over ten days in December 2022, OSC found that troopers regularly decided not to enforce motor vehicle laws after receiving a courtesy card or being told the driver has ties to law enforcement. For instance, one motorist, who was stopped for driving over 90 miles per hour, admitted to drinking alcohol but was let go without a sobriety test after he presented two courtesy cards. Another motorist was stopped for driving over 103 miles per hour and was released after she volunteered that her father was a lieutenant in a local police department. The most significant consequence the troopers imposed in these stops was advising the motorists that they had left a voicemail message for the law enforcement officer named on the courtesy card or invoked as a friend or relative. OSC has released video excerpts of the footage.
“Our investigation shows that some people are being given a free pass to violate serious traffic safety laws,” said Acting State Comptroller Kevin Walsh. “Law enforcement decisions should never depend on who you know, your family connections, or donations to police unions. Nepotism and favoritism undermine our laws and make our roads more dangerous.”
Overall, close to half of the 501 non-enforcement stops reviewed by OSC involved speeding, many for more than 20 miles per hour over the speed limit. In three stops, drivers stopped for reckless driving, careless driving, and/or speeding, also admitted to drinking alcohol, yet were released without being asked to step out of the car for a field sobriety test. Both drunk driving and speeding are major causes of traffic fatalities. According to data compiled by the New Jersey State Police Fatal Accident Investigation Unit, in 2022, New Jersey recorded 646 fatal collisions that resulted in 689 deaths or 1.89 fatalities per day. This was among the highest number of traffic-related deaths in New Jersey in the past 15 years.
OSC initiated this investigation in response to reports that law enforcement officers’ decisions not to enforce motor vehicle violations were influenced by improper factors, including courtesy cards. Courtesy cards, often referred to as PBA cards, FOP cards, or gold cards, are given out by police labor associations to law enforcement officers. They also can be purchased through “associate memberships” with police associations and are sold by private companies.
OSC’s investigation found that courtesy cards are widely used. In 87, or 17 percent, of the no-enforcement stops OSC reviewed, motorists presented courtesy cards that came from municipal police departments, county and state agencies, as well as inter-state and out-of-state law enforcement agencies. They all appeared to be equally effective at getting motorists released without enforcement.
Asserting a relationship with law enforcement appeared to carry equal weight, OSC found. In 52 or 10 percent of the no-enforcement stops reviewed, the driver or passengers did not present a courtesy card but claimed a connection to law enforcement, and the trooper decided to let them go. In 29 of those stops, the motorist or passenger identified themselves as current, retired, or in-training law enforcement officers. Other stops resulted in no enforcement when the drivers or passengers claimed a relative, friend, or neighbor worked in a law enforcement agency.
In one stop, a trooper said he stopped a motorist for driving 97 miles per hour. After an extended conversation about the “friends” they had in common, the trooper told the driver to “stay safe” and let him go. In another stop, a trooper performed a computerized look-up of the driver’s credentials and discovered the driver had an active warrant for his arrest. But when the driver’s friend introduced himself, letting the trooper know that he was also an off-duty trooper, the stopping trooper walked back to the motorist, apologized for stopping him, and let him go without even mentioning the warrant. OSC was unable to determine from the footage what the warrant was for.
Other findings include:
- Providing preferential treatment to motorists who present courtesy cards or assert close personal relationships with law enforcement appears to have a discriminatory impact. Of the 87 courtesy cards observed in the sample, for instance, 69 were presented by White drivers.
- Even when courtesy cards were not present, racial disparities were observed in the sample. New Jersey State Police policy requires troopers to request all three driving credentials (license, registration, proof of insurance) when making motor vehicle stops, but OSC found overall, White and Asian drivers were less likely to have all three of their credentials requested and verified when compared to Black and Hispanic/LatinX drivers. Additionally, troopers conducted computerized lookups of Hispanic/LatinX drivers 65 percent of the time, while looking up White drivers only 34 percent of the time.
- In many stops, OSC was unable to ascertain why the troopers made the decision not to enforce motor vehicle violations because of the quality of the video footage or other factors. Still, OSC observed several of those stops involved dangerous offenses, underscoring the importance of reviewing no-enforcement motor vehicle stops, which are not routinely reviewed.
OSC made 11 recommendations, including that New Jersey State Police regularly review no-enforcement stops to better understand racial/ethnic trends in motor vehicle data and determine if additional training is needed. OSC also recommended that the Attorney General consider issuing a directive that would explicitly prohibit law enforcement officers from giving preferential treatment to motorists because of their ties to law enforcement or possession of courtesy cards.
Read the report.
Watch excerpts of the body camera footage.
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New Jersey
Authorities Debunk Viral Explanation for NJ Drone Sightings
The drones spotted over the Garden State were probably not looking for a missing shipment of radioactive material.
New Jersey
N.J. weighs making underage gambling no longer a crime, but subject to a fine
Should underage gambling no longer be a crime?
New Jersey lawmakers are considering changing the law to make gambling by people under the age of 21 no longer punishable under criminal law, making it subject to a fine.
It also would impose fines on anyone helping an underage person gamble in New Jersey.
The bill changes the penalties for underage gambling from that of a disorderly persons offense to a civil offense. Fines would be $500 for a first offense, $1,000 for a second offense, and $2,000 for any subsequent offenses.
The money would be used for prevention, education, and treatment programs for compulsive gambling, such as those provided by the Council on Compulsive Gambling of New Jersey.
“The concern I had initially was about reducing the severity of the punishment,” said Assemblyman Don Guardian, a Republican former mayor of Atlantic City. “But the fact that all the money will go to problem gambling treatment programs changed my mind.”
Figures on underage gambling cases were not immediately available Thursday. But numerous people involved in gambling treatment and recovery say a growing number of young people are becoming involved in gambling, particularly sports betting as the activity spreads around the country.
The bill was approved by an Assembly committee and now goes to the full Assembly for a vote. It must pass both houses of the Legislature before going to the desk of the state’s Democratic governor, Phil Murphy.
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