Judge dismisses suit challenging changes to NJ Campaign finance law

By: Ashley Balcerzak
NorthJersey.com
USA Today Network - New Jersey

.... A Superior Court judge has dismissed a lawsuit challenging the constitutionality of a recent campaign finance overhaul, brought by the former head of the elections agency that oversees the rules.
..... This was the second of two lawsuits filed by Jeff Bridle, the former executive director of the Election Law Enforcement Commisison, or ELEC, in the past eyar agaisnt Govenror Phil Muprhy before Brindle retired in October. [2023]
..... In the case filed in April [2023] and dismissed Friday, [12/08/2023 Brindle sought to block controversial secitons of the Eleciton Transparency act (S2866), singed inot law April 3, [2023] inlcluding:
* aprovision htat allowed Murphy top dierctly appoint the four members of the agency board without the advice and consent of the Senate within a temporary 90-day period.
* A clause that slashed the amount of time the commission has to investigate campaign finance violations from 10 years down to two years after a violation was committed. The law made the change retroactive, clearing nearly half of the agency's caseload of allegations being investigated, including four 2017 complaints against the Democrat and Republican leadership committees.
..... "The legislation advanced several valid purposes that pertain directly and appropriately to its subject matter," wrote judge Robert Lougy, a former acting New Jersey attorney general.
..... "Terminating any ELEC commissioner vacancies and avoiding, at least for the initial appointment, any delays inevitably attendant to the nomination and advice and consent process help to enforce New Jersey's campaign finance of the pubic in their government," Lougy wrote.
..... He dismissed the case with prejudice, meaning Brindle cannot file the same lawsuit again.
..... The governor's office declined to comment on the judgment.

Appeal seen as likely

..... "We respectfully with Judge Lougy's decision because we feel it ignores the corrupt buildup to this statue that was plainly intended to punish the former commissioners because they would not go along with the plan to force Brindle's removal," said Bruce Afran, Brindle's attorney.
..... "I don't know whether Mr. Brindle will want to appeal," Afran said. "I imagine he will, because this is a significant public policy question."
..... The lawsuit alleged that the Election Transparency Act was "special legislation," designed to target one agency for special treatment , and that the Legislature interfered with ELEC's independent enforcement powers.
..... The state Attorney General's Office asked the court to dismiss the case in September, [2023] arguing that the constitution doesn't require ELEC members to be appointed with advice and consent of the Senate, and that because ELEC was cerated by the Legislature, lawmakers can change the commission as it sees fit.
..... "it really just boils down to - that I believe that plaintiff is alleging - that if the Legislature harbors impure thoughts when it passes a bill, therefore the law is special, "Peter Slocum, an attorney with Lowenstein Sandler arguing on behalf of the state and Murphy, said in oral arguments Friday. [12/08/2023]
..... "The court should not turn into an inquisitor of legislators demanding certifications or cross-examination to ask each politician why did he or she vote a particular way," Slocum said.
..... Afran, Brindle's attorney, argued that the judge couldn't look at that law in isolation, and needed to consider "a pattern of activity in which the governor targeted Jeff Brindle for removal" after he wrote a satirical article about dark money - political spending paid for by donors whose identity is not required to be reported to the public.

Effort to get Brindle to resign

..... Earlier this year, [2023] three top Murphy staff members presented brindle with a written resignation letter on the governor;s letterhead and accused him of having made an anti-gay comment, according to the lawsuit.
..... Brindle sent an email to a staffer on October 11 [2022] in response to an announcement about National Coming Out Day, writing, "Are you coming out? No Lincoln or Washington's Birthday's [sic] but we can celebrate national coming out day."
..... After Brindle refused to resign, Chief Ethics Officer Domici Rota called ELEC commissioners and said he wanted brindle fried because of an "anti-gay" and "racist" statement. The commissioners refused to take action.
..... In February, [2023] an amendment tucked into the proposed Election Transparency Act gave the governor power to appoint the executive director, instead of having the four ELEC commissioners do so.
..... After the Senate and Assembly postpone votes on the bill days after the amendments were added, an new version of the bill allowed the governor to vacate the current ELEC board - where three commissioners were serving in holdover capacity and there as one vacancy - and allow the governor to choose the bipartisan appointments without Senate involvement for a temporary period.
..... "We can't ignore this pattern, which demonstrates an illicit purpose of the bill," Afran said.

Law 'serves a valid purpose'

..... The judge wrote that "the Court concludes that the legislation serves a valid purpose, concerns valid subject, does not unreasonably exclude any person or entity, and employs a reasonable classification in limiting its scope to ELEC."
..... Brindle filed another lawsuit in march [2023 alleging a civil rights violation against Murphy's counsel Parimal Garg, former Chief of Staff George Helmy and Rota in a "conspiracy to extort and force" his resignation.

HOME