Unable to meet since March because three of its four seats are vacant, the New Jersey Election Law Enforcement Commission could soon have a quorum again, the the appointment by Gov. Chris Christie of a Democrat to the watchdog agency. The nomination is expect to revive a long-stalled Republican ELEC appointment.
TRENTON--The state's Election Law Enforcement Commission lone member may soon have company.
Gov. Chris Christie on Wednesday nominated retired Camden County Superior Court Judge Stephen Holden, a Democrat, to the state watchdog agency. If approved by the Senate, he would replace Walter Timpone, who was sworn in as a justice on the state Supreme Court in May.
Still pending before the legislature is the confirmation of Republican Eric H. Jaso, a former federal prosecutor who worked under Christie when the governor was U.S. Attorney. His nomination has been stalled for months because of an ongoing feud between Democratic legislative leaders and the governor over a number of state board appointments.
ELEC has been unable to meet since March because three of its four seats are vacant, effectively tying the hands of the chief authority in New Jersey responsible for regulating campaign fundraising, spending and campaign finance disclosure.
By law, the four-member commission cannot have any more than two members of the same party--historically two Democrats and two Republicans. But vacancies on the election watchdog agency unfilled for years by Christie has left the agency struggling to conduct business. One Democratic slot has been open for five years, since the death in 2011 of Lawrence Weiss, a Superior Court judge.
Earlier this year, the lack of a quorum left the commission unable to continue its enforcement case against Essex County Executive Joseph DiVincenzo--a close friend and ally of the governor. He had been accused of misusing thousands of dollars in campaign funds.
Timpone, while still a member of ELEC had recused himself in the case because he once asked DiVincenzo to find a job for his nephew, and attorneys for the county executive argued that the lack of a bipartisan commission meant ELEC effectively could take no action in the matter.
After Timpone was nominated to the Supreme Court, ELEC had no Democrats and stopped meeting altogether because it presumably had no ability to take action on any election law complaint in the state, although ELEC has gone to court in an effort to keep the DiVincenzo case alive.
ELEC seeks to revive DiVincenzo case
The term of the current ELEC chairman and lone member of the commission, Ronald DeFilippis, a Republican, expired in 2013 and he continues as a holdover appointment.
Holden, who retired as a judge upon reaching the mandatory retirement age of 70 in 2013, was later called up for temporary service by state Supreme Court Justice Stuart Rabner because of a shortage of judges. He now serves as deputy general counsel of the Delaware River Port Authority.
A fourth vacancy on the election commission remains unfilled.
Ted Sherman may be reached at tsherman@njadvancemedia.com. Follow him on Twitter @TedShermanSL. Facebook: @TedSherman.reporter. Find NJ.com on Facebook.