Court transcript — Ferreira et al v. Santos et al

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SUPERIOR COURT OF NEW JERSEY LAW DIVISION, CIVIL PART HUDSON COUNTY, NEW JERSEY DOCKET NO. HUD-L-001558-21 APP. DIV. NO. SYDNEY FERREIRA, Mayoral : Candidate for Town of : Kearny, and ALEXIS CAMPOS,: Council Candidate, 2nd : Ward for Town of Kearny, : : Plaintiff, : TRANSCRIPT : OF v. : ORDER TO SHOW CAUSE : HEARING ALBERTO SANTOS, Mayor of : Kearny; PATRICIA : CARPENTER, Town of Kearny : Clerk; E. JUNIOR : MALDONADO, Hudson County : Clerk; GURBIR SINGH : GREEWAL, Attorney General : State of NJ, : : Defendants. : : Place:

Hudson County Admin. Bldg.

(Heard telephonically) April 21, 2021

Date: BEFORE: HONORABLE JEFFREY R. JABLONSKI, A.J.S.C. TRANSCRIPT ORDERED BY: MICHELLE F. SPENCER, ESQ. (Castano Quigley, LLC) APPEARANCES: SYDNEY FERREIRA (Pro Se, Plaintiff) Agency:

Sarah Fetz, AD/T 626 RedDoor Legal Services, LLC 44 Valley Forge Road Bordentown, NJ 08505 (973)985-3668

Digitally Recorded Operator - Catarina Ortiz

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APPEARANCES, CONTINUED:

2 3

ALEXIS CAMPOS

4

(Pro Se, Plaintiff)

5 6

GREGORY J. CASTANO, JR., ESQ.

7

(Castano Quigley, LLC)

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Attorney for the Defendants

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I N D E X

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PROCEEDING

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Order to Show Cause Hearing

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Arguments

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By Mr. Ferreira

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By Ms. Campos

28,44

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By Mr. Castano

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Judge's Decision

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(Proceedings commenced at 1:33 p.m.)

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MS. ORTIZ:

On the record, Judge.

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THE COURT:

Thanks very much, Cat.

We're on

4

the record in docket number L-1558-21, Sydney Ferreira

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and Alexis Campos versus Alberto Santos and others.

6

Mr. Ferreira, are you on the line?

7

Sir.

8

MR. FERREIRA:

9

THE COURT:

MR. FERREIRA:

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THE COURT:

MS. CAMPOS:

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THE COURT:

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And --

Good afternoon.

And Ms. Campos, are you on the

line?

13

15

I am.

Very good.

10

12

Yes.

Good afternoon,

Yes I am.

Good afternoon.

Good afternoon, Ms. Campos.

And

counsel for the defendants?

MR. CASTANO:

Judge, good afternoon.

Greg

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Castano, Junior from the firm of Castano Quigley for

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the two defendants from the Town of Kearny.

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THE COURT:

Thank you very much.

This is an

20

application that was opened to this Court by the

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plaintiffs, Sydney Ferreira and Alexis Campos, bringing

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an action by means of an Order to Show Cause that was

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accompanied by a Verified Complaint in lieu of a

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prerogative writ.

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19, 2021, which is the deadline for the filing in the

The application was filed on April

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Superior Court to protect a primary election

2

candidate's rights under N.J.S.A. 19:13-21.

3

Because of the emergent nature of the

4

application and the timing in which it was filed with

5

this Court, this Court did sign the order permitting a

6

response to the action, and that -- that response was

7

due by 10:30 a.m. today, April 21st, 2021.

8

also permitted a reply by the plaintiffs by 12 o'clock

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on this same date.

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The Court

Due to the -- also to the nature of the

11

application and the emergent relief that was sought,

12

this Court also ordered that any ballot preparation be

13

stayed pending further order of this Court and the

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Court calculated the date on which the commencement of

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the mailing of the mail-in ballot for the primary

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election under N.J.S.A. 19:63-5 and N.J.S.A. 19:63-9 to

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be April 24th, 2021, which I believe is a Saturday.

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Presumably, the ballots would have to be printed in

19

advance of that date, making this matter emergent.

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The -- and that -- so that gives,

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essentially, the -- the procedural background of where

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we are in this matter.

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opportunity to review that which has been submitted in

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support of this application by Mr. Ferreira and by Ms.

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Campos, and I've also had an opportunity to review that

The Court has had an

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which the Town has submitted through Mr. Castano, his

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brief, and the -- the certification of Ms. Carpenter.

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Mr. Ferreira and Ms. Campos, we did check the

4

Judicial Electronic Document Service, or JEDS, and did

5

not see that you had submitted anything in reply.

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you submit a reply?

Mr. Ferreira?

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MR. FERREIRA:

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MS. CAMPOS:

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MR. FERREIRA:

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Did

I -- I'm sorry.

(Indiscernible.)

-- reply -- you're asking for

a reply for -- for what, I'm sorry?

11

THE COURT:

Well, I gave you the opportunity

12

to reply to anything that Mr. Castano would have --

13

have submitted, and that was due by noon.

14

see it.

15

had submitted it in advance.

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I did not

I don't know whether I missed anything, if you

MR. FERREIRA:

Oh.

I think I had already,

17

you know, submitted what we are planning to -- to

18

discuss.

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THE COURT:

Understood.

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MR. FERREIRA:

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THE COURT:

Okay.

You know.

Yup.

I just wanted to make sure

22

that I didn't miss anything that had been submitted.

23

Ms. Campos, are you -- did you submit a reply, either?

24

Or do you just wish to be heard in reply on this

25

application?

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MS. CAMPOS:

No.

I just wish to be heard in

this reply.

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THE COURT:

Very good.

Okay.

Folks, before

4

we begin, the one thing that I did want to bring to

5

everybody's attention is the fact that I am a resident

6

of Kearny.

7

that, but I believe that it is my responsibility to

8

inform you that I am a resident of Kearny.

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resident of the ward in which this seat is requested

I don't know if the parties are aware of

I am not a

10

and Ms. Campos is looking to be a candidate for the

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demo -- in the Democratic primary for the Second Ward.

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I am not a resident of the Second Ward.

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I am also aware professionally of the -- one

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of the named defendants, Mayor Alberto Santos.

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Obviously, as a resident of the Town, I would know who

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he is.

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personally with either Ms. Carpenter, Ms. Campos, Mr.

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Ferreira, or Mr. -- Mayor Santos in this matter.

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I do not, however, have any relationship

I am not related by blood or marriage in any

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way to any of the parties.

I have not been the

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attorney of record or counsel in any action having to

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do with these parties.

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on a matter in question in the action, and I have no

24

interest in the -- in the resolution of what this case

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is.

I have not provided an opinion

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The -- so I need to bring that to your

2

attention and will ask you, beginning with Mr. Castano,

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whether you have any objection, based on that -- those

4

representations, for me to proceed in this matter.

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then I'll go through all the parties.

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do you have any objection?

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MR. CASTANO:

8

THE COURT:

9

And

So Mr. Castano,

None, Judge.

Thank you very much.

Mr.

Ferreira, do you have any objection?

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MR. FERREIRA:

Are you -- are you asking if I

11

have any objection to what -- what Mr. Castano -- to

12

what the defense -- to what the defense laid forth?

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THE COURT:

MR. FERREIRA:

THE COURT:

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MR. FERREIRA:

Objection to

Being that you live in the

Town.

THE COURT:

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MR. FERREIRA:

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THE COURT:

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ahead, Mr. Ferreira.

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I'm sorry.

Yes.

20

24

Oh.

you presiding over the case?

17

19

I'm asking whether --

whether you have any objections --

15 16

No.

Yes. No.

Ms. Cam -- oh.

I'm sorry.

Go

Go ahead.

MR. FERREIRA:

Yeah.

So I -- I mean, I --

I'm not really -- you know, I'm kind of -- I'm a little

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hesitant because -- because I mean one of the reasons

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why I'm running is, you know, I've heard lots of things

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about vendettas and things and such of -- you know, of

4

our local government, of this administration.

5

a resident, I'm not sure how that would affect you.

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know that you are imparti -- you are a judge.

7

heard very good things about you.

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So being I

I've

So that is the -- that is my only concern.

I

-- I don't -- I don't -- I would choose -- I would want

10

to go forward.

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that you would remain completely impartial, as I know

12

you have in the past, as I have been told you will be.

13

So that -- that is the only thing that I ask.

14

That -- you know, I would just hope

THE COURT:

Yeah.

Well, Mr. Ferreira, you

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can absolutely guarantee, and I can guarantee you, that

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I will be fair and impartial and listen to everything

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that the -- any party has to tell me with regard to

18

this matter.

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responsibility to let you know about my -- my

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background.

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But as I indicated, I believe it was my

Residency, as our case law has held -- held

22

as a -- is not a automatic disqualification of a judge

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to hear a case in which he or she resides in the -- in

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the -- in the municipality which may be under scrutiny.

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But I -- I did want to place that within your -- your

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-- your purview.

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And if you do have any objection, please, let

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me know.

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why I'm asking the question.

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--

6

I do not hold it against one person.

MR. FERREIRA:

No.

That's

If you have an objection

I -- like I said, I've

7

spoken to third parties and, you know, they assured me

8

that you are -- I've heard nothing but good things, so

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I --

10

THE COURT:

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MR. FERREIRA:

12

Okay.

Well --

You know, I choose to waive

that -- you know, any objection or anything like that.

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THE COURT:

Okay.

Well, I -- I appreciate

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that.

Ms. Campos, I'll ask you the same question,

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Ma'am.

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said, do you have any objection in me presiding and

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continuing to preside over this matter?

And notwithstanding that which Mr. Ferreira has

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MS. CAMPOS:

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THE COURT:

I have no objections, Judge.

Oh.

Very good.

Okay.

So this

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matter then comes -- inasmuch as all the parties have

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consented based on what I believe is a full disclosure

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of -- and I know it was a full disclosure of -- of --

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of my -- my background, I do not believe that there's

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any reason why I need to recuse myself.

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can be fair and impartial.

I know that I

As I have indicated, I have

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already considered that which has been submitted to me

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and I am looking forward to hearing the arguments of

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the parties and I will proceed that way.

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Ms. Campos and Mr. Ferreira, I -- I

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understand that really, Ms. Campos, this is actually

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your application; Mr. Ferreira has joined.

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considered the standing argument that Mr. Castano has

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made.

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a procedural issue.

I have also

I'm going to make that and note that as more of I also have recognized the fact

10

that you are self-represented, you're representing

11

yourselves, and will allow you, of course, Mr.

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Ferreira, to -- to tell me whatever it is that you want

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me to hear.

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in addition and then Mr. Castano in response, and then

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we'll circle back, Mr. Ferreira and Ms. Campos, to

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anything that you want to say in reply.

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Ms. Campos, I'll hear you in -- in res --

Please don't think that the lack of a reply

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as authorized is in any way, shape, or form dispositive

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of this application.

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like -- pardon me, on -- on emergent order -- Orders to

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Show Cause like the ones that we have today, it is

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frequent that parties do not have the time to reply.

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So that's more of a procedural note, so you -- it gives

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you the opportunity to tell me anything that you want.

25

So Mr. Ferreira, I'll look to you first, Sir.

On temporary restraining orders

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MR. FERREIRA:

Okay.

So thank you for

2

letting us present this before you, Judge, today.

3

guess -- I guess the -- the core of our argument is if

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-- if the opposing side is -- is saying that Alexis is

5

-- or Ms. Campos is not eligible to run in the Second

6

Ward because she moved, they are also claiming that she

7

-- that because she moved into the Second Ward less

8

than a year ago, she is not qualified to run in the

9

Second Ward.

10

So I

Then we are saying that she is not qualified

11

to run in the Third Ward because she moved, because she

12

no longer qualifies to run in the third.

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completely disqualifying Ms. Campos from running at all

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in -- in this election, simply because she moved?

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that the argument that the other side wishes to

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present?

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from my understanding, being that she is a 36-year

18

resident of the Town, she was born and raised in

19

Kearny, so she very much knows the issues of this Town.

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She is qualified to run for Mayor, but she is not

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qualified to run for counsel.

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-- I guess that's what the argument is.

23

So are we

That's what I would like to know.

Is

Because

That -- you know, that

Furthermore, I -- part of the argument is

24

this is a primary.

It's a contest; simply a contest.

25

It's not an actual election governed by state laws.

I

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mean, it is somewhat governed by state laws, but it is

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a contest between -- it's an inter-party contest.

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to find out who will be running in the actual general

4

election.

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just a contest, that the residency rule should apply,

6

and there's precedence for it, that it should apply to

7

the date of when the general election is held.

8 9

It's

So I would argue that being that this is

So the general election will be held in November of 2021.

The prime -- Ms. Campos moved in

10

August of 2020.

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residency in her ward to be able to run for the second.

12

And going back to the -- to the other point, if she

13

does not qualify to run in the second, you know, are --

14

you know, are we allowing her, then, to run in the

15

third?

16

So therefore, she will have a 15-month

She has -- she has her signatures, so I'm not

17

sure where exactly the other side wants her to run.

18

she can't do it in the second, she can't do it the

19

third, does she run in the first?

20

second?

21

Kearny, so we have to pick a ward.

22

the ward that she lives in, where she currently

23

resides.

24 25

If

Does she run in the

We don't have a councilperson at large in And we're picking

The residents of that ward, of said ward, have signed her petition.

She got more than enough to

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qualify; I believe it was double, if not more, than the

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amount of signatures required to run.

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residents are comfortable with her running to represent

4

them, then I don't believe it's incumbent upon the

5

other side or -- or the, you know, state -- or the

6

state or court to deny her, you know, her -- her right

7

as a citizen, as a resident of this Town, to run for

8

office.

9

So if the

We do believe it is a subver -- a subversion

10

of -- of democracy.

11

big -- it's -- it's something that is very prevalent

12

now.

13

when we're saying that she can't run in her ward where

14

she lives.

15

moved from, then she can't run at all and we're

16

completely disqualifying her from running for -- for --

17

from seeking public office.

18

You know, it's very -- it's a very

And so I think that it just doesn't look good

And if she can't run in her ward where she

She worked hard.

She knocked on doors.

We spoke with residents.

I

19

walked with her.

We are well

20

aware of the issues.

21

them before, but we're even more so aware of them.

22

is aware of them.

23

she is 100 percent qualified to run in the ward where

24

she currently resides and where she will reside for

25

well over a year when it is time for the general

We were aware -- we were aware of

She took notes.

She

So I believe that

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election.

2

So -- also, I would like to note that the law

3

that states -- you know, this local unit law that the

4

other side is bringing up?

5

itself, I do not believe it is the ward because the

6

Town -- the council votes on town-wide issues.

7

listen to -- to town-wide issues and town-wide concerns

8

and then they vote on town-wide concerns.

9

unit in question is the Town.

10

The local unit, in and of

They

So the local

I understand why this law was instituted.

It

11

was instituted to prevent carpetbaggers, you know, it

12

was a term, scalawags or whatever the term is, from

13

coming from another Town or coming from another state

14

or coming from -- at the time during the Civil War, to

15

come from the North down to the South.

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intent of these laws -- the original intent.

17

That was the

And so I do not believe that that is the case

18

here, being that Ms. Campos has been a resident for 36

19

years.

20

(phonetic).

21

Town who very much knows the issues and has taken it

22

upon herself to go from door to door to find out more.

23

You know, to -- to immerse herself in -- into these

24

issues and to become more educated on -- on the issue.

25

So I -- you know, that further qualifies her to -- to

She is not a carpetbagger.

She's not a

She is someone who was born and raised in

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run for office.

2

I also would like to note that when I went to

3

the Town Clerk and I asked the Town Clerk to provide

4

some sort of written rule of the Democratic party --

5

since this is a Democratic primary, I asked her to

6

provide some sort of written rule, a municipal

7

ordinance, because this is a town-wide election, or a

8

precedent that provides for the one-year residency

9

requirement based on a primary, simple based on the

10

primary.

11

complete the one-year residency.

12

this example, you know, that -- that -- that governs a

13

Democratic party primary.

14

municipal election; it is a party primary.

15

Clerk did not provide that.

16

Because again, in November, she's going to So I asked her for

Not a state election, not a The Town

I also asked when I was there -- I was there

17

alone.

This is the second time I went, after I went

18

with Ms. Campos.

19

that she is the Town Clerk and the Mayor, or the

20

chairman, actually, who -- who filed this objection, he

21

also is the Mayor, who is also running for office on

22

the same ticket as the aggrieved party, Mr. Konopka,

23

who I may add is not in this -- did not object.

24

aggrieved party did not object.

25

running against Ms. Campos did not object to her

I asked the Town Clerk that being

The

The person who is

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petition.

2

So the chairman of the Democratic party of

3

the Town objected, who is also the Mayor of the Town,

4

who is, in effect, the boss of the Town Clerk.

5

understand the Town Clerk works for the Mayor, but she

6

is in an awkward position because the Mayor is, in

7

effect, her boss.

8 9

I

So I asked the Town Clerk to recuse herself because I believe that if the Mayor, or the chairman in

10

this case, who is the same person, does have an

11

objection, I believe that the Town Clerk should have

12

recused herself and he, he should have filed this

13

motion.

14

do -- to -- to have to file this motion.

15

not have an objection to his side, to -- to any of his

16

petitions.

17

believe anyone who wants to run, should run.

18

as they have the required number of signatures, they

19

should be able to run.

20

that's why I asked the Town Clerk to -- to recuse

21

herself, because of, you know, the obvious conflict of

22

interest there as well.

23

It should not be incumbent upon us to have to We -- we did

We didn't even look at the petitions.

I

As long

So we did not object, and

I also would like to add that the other side

24

did not provide adequate notice.

You know, this motion

25

was filed -- granted, it is on time, but it was filed

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on a Friday, April 9th, at 4:57 p.m.

2

I might also add to the Court that when you

3

look online, the hours of operation for Town Hall at --

4

as a whole is 4:00 p.m.

5

because I noticed that, and I noticed that all the

6

other departments close at 4:00 p.m.

7

is still open is the Town Clerk and the Mayor's office.

8

I don't know how long that's been like that, but until

9

5:00 p.m.

10

So I delved further into this

The only one that

I would also like to note to the Court that I

11

specifically asked during this petition process what

12

time is the cutoff for me to drop off my petitions on

13

the last day, and I was told 4:00 p.m. multiple times,

14

verbally, by the Town Clerk.

I was told 4:00 p.m.

I

15

was never instructed 5:00 p.m. is the cutoff time.

I

16

had to delve into the -- the Town website to find that

17

5:00 p.m. cutoff because like I said, if you Google

18

Town -- Town Hall, Kearny, hours of operation, it says

19

4:00 p.m.

20

Hall and Mayor's Office close at 5:00.

21

that's just semantics, but I would just like to add

22

that in -- in this case.

23

There is nothing underneath that says Town So I'm --

Then on April 14th, five days later, Ms.

24

Campos received a notification at 12:26 or 12:27 p.m.

25

She received an email.

She obviously didn't see that

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until later on, but she was told that at 4:00 p.m.

2

would be the cutoff before the final decision was made.

3

Then the final decision was made on the 16th.

4

So we have, in effect, had three days, a weekend;

5

Saturday, Sunday, and Monday, to file -- to prepare

6

this Motion and to file this Motion.

7

there was no notice of objection before this.

8

sneakily done on a Friday afternoon at 4:57, right

9

before the closing or the, you know, technical closing

10

of -- of Town --

11

to -- to -- to note that as well.

12

of the Town Clerk.

There was no -It was

So -- so I'd like

So the final determination was given on 4/16

13

and we had the deadline of 4/19.

14

note that the process to file this -- you know, I'm not

15

sure if this was -- I don't want to delve too far into

16

this, but we got to the court at 11:30.

17

from court -- you know, from the courthouse to the

18

office building to the courthouse back to the office

19

building, then sent up to -- to your chambers.

20

then we were told around 2:30 that the cutoff deadline

21

-- we have to do it online.

22

have a check in hand, we have everything in hand, and

23

we were told that we have to file -- by your Clerk, we

24

have to file online.

25

I would also like to

We were sent

And

We're already there.

We

And it was already 2:30, so, you know, we --

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we're in Jersey City.

2

have to log onto my computer, figure this out.

3

know, I would have -- you know, it takes about 30

4

minutes to get them.

5

file this.

6

well.

7

you know, we should have been told from the beginning

8

that we couldn't file it there.

9

given the reason because it's, you know, in the days of

10

COVID, but, you know, we used to do this personally, in

11

person, before COVID.

12

I had everything prepared and if I had a check in hand,

13

why we couldn't just submit it right then and there,

14

with -- with the Court.

15

as well.

16

I have to go back to Kearny.

I

You

I would have about an hour to

So, you know, I just want to note that as

Not that it was a big concern, but it's just --

THE COURT:

You know, we were

So I don't really understand, if

So I'd like to also note that

Yeah.

Mr. Ferreira, just -- just

17

-- it's not my intention to interrupt you, but just so

18

the record is clear --

19

MR. FERREIRA:

20

THE COURT:

21

--

-- and we can focus on the issues

MR. FERREIRA:

22

THE COURT:

23

MR. FERREIRA:

24

THE COURT:

25

Right.

Right.

-- that we can focus on -Okay.

-- substantively, I -- I

certainly understand your concern and what I might

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perceive to be your frustration with regard to filing,

2

although I know that it is phrased within the -- the

3

confines of the temporal requirements in which to file

4

things, but --

5

MR. FERREIRA:

6

THE COURT:

Right.

As -- as you probably know, COVID

7

has, and I can't be any more glib than this, thrown us

8

for a loop when it comes to how the business of the

9

Judiciary needs to proceed.

And that has to do with

10

taking things and filing things, and -- and you note

11

bringing a check to chambers and why can't we just

12

leave it here.

13

works.

14

them.

Well, that -- that's not the way it

And there -- there are a variety of reasons for

15

One of them is not that, you know, a judge's

16

chambers is very different than the courthouse finance

17

processing unit, and there are different spheres of

18

reference, obviously, that -- that will control.

19

dropping off a complaint doesn't necessarily satisfy

20

the filing requirements.

Just

21

And in order to protect not only yourself but

22

also those within the building, is why we have the JEDS

23

system, which I know that you were able to navigate

24

because I saw it when it posted in eCourts.

25

mean by that is if it's filed in JEDS, it comes over to

And what I

Page 22

1

the eCourts, which is the official court record.

2

So it doesn't appear that there was any --

3

other than your frustration, that I don't deprecate.

4

mean, I -- believe me, I acknowledge and -- and I hear

5

it very frequently about the frustration that arises as

6

a result of these COVID restrictions.

7

seem to su -- and I know that you're making it as a

8

point and it's a -- it's a valid point to make, but it

9

is not anything that would otherwise prejudice your

But it didn't

10

application because you were in line with all of the

11

temporal requirements.

12

I

So I'll be happy to hear you, Sir, and I

13

don't mind you -- I -- it is not my intention to shut

14

you down as to any arguments.

15

there is an issue that we don't need to focus on, that

16

may be one of the more procedural ones of the

17

substantive ones that you've already set forth.

18

can go on.

19

MR. FERREIRA:

It's just that when

So you

Well, I -- Your -- Your Honor,

20

I'm sorry.

I'm not -- I'm not blaming you.

21

saying that the -- the entire system, the way that it's

22

set up -- you know, because if I didn't have a

23

computer, if I were --

24

THE COURT:

Yeah.

25

MR. FERREIRA:

I'm just

I know.

-- you know, someone of age or

Page 23

1

something like that, you know, how else would I be able

2

to file?

3

online because of different --

4

THE COURT:

5

MR. FERREIRA:

6

If I can't file in person,

I know it.

I know it.

-- I'm restricted in whatever

way --

7

THE COURT:

8

MR. FERREIRA:

9

I can't file

You are absolutely -That it kind of makes it

difficult.

10

THE COURT:

Yeah.

You're absolutely

11

preaching to the choir, Mr. Ferreira, which is why

12

we're -- we're making alternatives available to those

13

who don't have the electronic capability to do that,

14

which you thankfully were able to do.

15

please don't interpret my remarks as being in any way

16

critical.

17

different perspective, a concern.

18

MR. FERREIRA:

19

THE COURT:

But ple --

I -- it -- we're both recognizing, from a And with our --

Right.

With our crossed fingers,

20

hopefully those restrictions will be lifted.

21

this point, everyone was able to operate within the

22

confines of what is required under the COVID

23

restrictions going forward.

24 25

MR. FERREIRA:

But at

So go ahead, Sir.

Okay.

So -- so I just

basically, you know, want to summarize.

So you know,

Page 24

1

our -- you know, the other side is claiming that she

2

cannot run in the second.

3

because she just moved.

4

because she moved 10 blocks away, are we completely

5

disqualifying her?

6

She can't run in the third She moved 10 blocks away.

So

I would also again like to take account that,

7

you know, the -- the requirement reside -- residency

8

requirement should be as of the November 2021 date.

9

That is the date of the general election as opposed to

10

a Democratic party primary.

11

you know, a primary just determines the candidate of

12

each party that will run in the actual general

13

election.

14

They're two different --

And again, I'd like to say, you know, this is

15

-- I believe -- I -- you know, our side believes that

16

this is a sub -- a subversion of democracy because we

17

are claiming, by their argument, in nature, that she is

18

not qualified to run for office.

19

disqualified from running for office because she cannot

20

run for either ward at this point.

21

She is -- she must be

Where she lived, and where she lives now.

22

That's what we're saying.

She's a lifelong citizen of

23

the -- of the state, of -- of the Town.

24

rightful citizen.

25

able to exercise her duty as a citizen.

She was born here.

You know, a She should be If she feels

Page 25

1

that she wants to run for office, we should allow her

2

to run for office.

3

We also have to remember the residents who

4

signed for her, who stated that they want her to run in

5

their ward.

6

signed her petitions, who legally signed her petition,

7

and the Town Clerk verified those signatures and she

8

came to the conclusion that those signatures are valid.

9

So we should not discount those signatures and those

10

So we cannot shut down the people who

petitions as well.

11

And then -- and then I also wanted to say

12

that from everything that we have heard today, our side

13

does believe that this is a concerted effort and a

14

conspiracy based on the party of the Town, the Mayor,

15

who is the same person, and also the Town Clerk, who

16

works for the Town and that was placed in an awkward

17

position.

18

I'm not blaming anything on the Town Clerk.

19

myself that should I be elected, I will do my hardest

20

-- I will work my hardest to never put her and her

21

colleagues in that position.

22

So -- and -- and that's pretty much, I rest my case.

I'm not blaming anything on Ms. Carpenter;

23

THE COURT:

24

MR. FERREIRA:

25

THE COURT:

I told her

So I do not blame her.

Mr. Ferreira, thank you -Thank you.

-- very much.

Mr. Ferreira, I'll

Page 26

1

just note for the purposes of the record that although

2

I was happy to hear your arguments, there are a number

3

of evidential infirmities within certain things that

4

you've said.

5

please, if you understand these concepts, please let me

6

know.

7

explain a couple of things that I -- I have heard that

8

are -- are somewhat problematic.

You probably had heard the term -- and

I don't mean to be pedantic, I just want to

9

When you speak in terms of what somebody else

10

told you, when you specifically make reference to I was

11

told numerous times in responses to when you needed to

12

drop the petitions off, that would be considered

13

hearsay, and it -- it deprives the other side of the

14

opportunity to be critical by way of cross examination

15

of those -- those statements.

16

I -- I don't ask you to backtrack or

17

eliminate anything that you have already said to me,

18

and I have listened to everything that you have said.

19

However -- and -- and I am able to separate that which

20

is evidential versus what is hearsay and therefore,

21

would be non-evidential.

22

have had the right to object to anything and he

23

probably wanted the record to be clear, which is

24

probably why he didn't object, the issues with regard

25

to what might also be considered speculative and not

Mr. Castano would, of course,

Page 27

1

based on any tangible evidence, but I'll -- I don't

2

mean to put words in his mouth and I'll hear him if --

3

if he agrees with that sentiment when I hear from him.

4

But again, I -- I've heard what you said, Mr.

5

Ferreira, and I -- and I thank you.

6

Ferreira is --

7

MR. FERREIRA:

8

THE COURT:

9

Ms. Campos, Mr.

Thank you, Judge.

-- the -- is a -- is a named

plaintiff to this, but in effect is an ancillary party

10

to the application and really, this is truly your

11

application, Ms. Campos.

12

hear Mr. Ferreira's arguments, I'm going to ask you,

13

Ms. Campos, to please raise your right hand.

14

A L E X I S

15 16

And although I was happy to

C A M P O S, PLAINTIFF, SWORN

THE COURT:

Thank you.

And may I just have

your name for the record, please?

17

MS. CAMPOS:

18

THE COURT:

Alexis Campos.

Ms. Campos, thank you very much.

19

And Ms. Campos, the reason why I have placed you under

20

oath is -- and you may have picked it up on Mr.

21

Castano's submission, that the things that were said

22

within the -- the submission that you have made, other

23

than the Verified Complaint, were not certified, which

24

means that they were not set forth under oath.

25

Now, there have been a number of things that

Page 28

1

Mr. Ferreira has said that you have agreed to, like the

2

fact that you've been a resident for 39 (sic) years,

3

born and raised in Kearny, have the petitions, et

4

cetera, that I can't place any evidential weight to

5

because that's what Mr. Ferreira has said.

6

you are now under oath --

7

MS. CAMPOS:

8

THE COURT:

But since

Right.

-- and you wish to -- presumably,

9

you wish to address the Court and I'm happy to hear

10

you, anything that you will be saying will be under

11

oath and therefore will be considered by way of a

12

certified statement, which means that you would be

13

subject to the pains and penalties of perjury if you

14

were to knowingly misrepresent something.

15

are saying now is now considered, from what you say, as

16

long as it's not barred by hearsay or speculation,

17

evidential.

18

me, Ma'am?

19

But what you

So Ms. Campos, what would you like to tell

MS. CAMPOS:

Well, most of Mr. Ferreira's

20

points are my same, but I will repeat them.

I've been

21

a resident of Kearny, New Jersey for 36 years.

22

said 39 before.

You

I just wanted to --

23

THE COURT:

24

MS. CAMPOS:

25

THE COURT:

I did.

No.

-- (indiscernible) 36 years.

Sorry.

Okay.

Thanks for --

Page 29

1

MS. CAMPOS:

2

THE COURT:

3

MS. CAMPOS:

So that's first of all.

Okay.

I did live in the Third Ward for

4

most of my life.

In August of 2020, I moved to Hickory

5

Street, which is located in the Second Ward.

6

election came about and I had been interested in

7

participating, I chose to run in the ward in which

8

lived.

9

run in a municipal election in the Town in which --

When this

I understand that it's every person's right to

10

where they reside, which I certainly do.

11

be able to run in the Third Ward, because I no longer

12

live there, so I would presume that the Second Ward is

13

the rightful ward that I should run in.

14

I would not

Now, some of the arguments that were stated

15

was that I have not been a registered voter in this

16

ward.

17

That's when I completed my registration for my new

18

address.

19

with mail forwarding and whatnot, you have a six-month

20

leeway here.

And I did register in March 9th of this year.

21

I understand that once you move, especially

They're arguing that I voted in the November

22

election.

What I voted in was the presidential

23

election.

I did not vote within the municipality

24

because I didn't feel it was my right to do so.

25

that -- being that I did move, I didn't feel that I had

Being

Page 30

1

the right to choose someone for the Third Ward when I

2

was no longer residing in it.

3

I wanted -- I wanted the Court to know as well.

4

So that's just something

I'm a little disheartened because this case

5

is being brought up and it basically states that I can

6

run as -- I can run for a Mayor position, but I cannot

7

run (indiscernible) council simply because I did move.

8

And again, it's disheartening, and it's a little

9

upsetting to me, especially considering that I consider

10

the Mayor's position as county chairman and also as the

11

Mayor to be a conflict of interest.

12

as the Mayor, which I understand, and I fully accept.

13

He is objecting as the county chairman or County Clerk,

14

which is his right to do so.

15

wears both hats, to which he has a gain from.

16

He's not objecting

But it's the fact that he

He's running in the same election that I'm

17

running in, so everyone's objective in any kind of

18

electoral process is to win.

19

serve him should there be less opponents, or no

20

opponents, running against him.

21

disheartening, especially considering that the party

22

I'm running against, Mr. Konopka, was not objecting to

23

my running.

24 25

And it would only better

So that was

It was also a little upsetting that my petitions were accepted by the Town Clerk and then

Page 31

1

later objected.

I usually check my emails in the

2

morning and then again in the evening, and when I saw

3

Ms. Carpenter's email to me with the objection, I was

4

given a three-and-a-half-hour window to respond.

5

the mother of a four-year-old.

6

(indiscernible) that I have to pay attention to.

7

don't always have the -- the leisure to just check my

8

-- my own personal email freely.

9

objection, it was well after the time of Town Hall

I do have I

So when I saw this

10

closing and well without -- three-and-a-half-hour

11

limit.

12

I'm

So when I -- when I saw this, I was -- I was

13

a little bit shocked and I had responded as soon as I

14

was able to, which was that evening.

15

morning, I responded with proof of my residency, proof

16

of my re-registering in the Second Ward, and I even

17

made a point to go to Town Hall with Mr. Ferreira to

18

present our case in person.

19

And the following

And again, I -- I want to reiterate what Mr.

20

Ferreira said before.

We have no objection to Ms.

21

Carpenter or anything she did.

22

do and she is doing her job to the best of her ability.

23

So this is in no way -- this is no way negative towards

24

her.

25

a little bit confusing with everything that was going

She simply has a job to

She has a job, she must perform it.

And so it is

Page 32

1 2

on.

I'm just -- and again, I'm a little bit

3

disheartened at the date of objection.

It was filed on

4

April 9th.

5

at 4:57 p.m. when I received the final email, which is

6

three minutes to when her office presumably closes,

7

when, again, for 36 years, I have never been able to go

8

to this Town Hall after 4:00 p.m.

9

a.m. and 4:00 p.m.

I wasn't notified until April 14th.

It was

It's between 8:00

So her office closing at 5:00 p.m.

10

when the rest of the building closes at 4:00 was

11

unbeknownst to me and to Mr. Ferreira, and to most

12

people I've spoken with in Town, which I understand

13

it's hearsay, but I was curious about that myself.

14

So I would just like to close my statement

15

with saying I -- I would like to run for the Town of

16

Kearny because being a resident for 36 years has

17

allowed me to see things, interact with people, know

18

people; I'm a part of the PTA.

19

good for the Township.

20

competition.

21

want to see changes in the Town that would benefit the

22

community as a whole.

23

Ward, in which way or which position may I run to -- to

24

make this better, to -- to participate and become an

25

acting part of our community?

I think I could do some

I'm not looking at this as a

I -- and may the best man win.

I just

If I can't do so in the Second

That is what I would

Page 33

1

like to know.

2

THE COURT:

Ms. Campos, thank you very much.

3

Ms. Campos, before I hear from Mr. Castano, tell me

4

about these signatures that you received from residents

5

of the Second Ward.

6

MS. CAMPOS:

Sure.

We're required to receive

7

25 named petitions to run on the council.

So I went

8

from door to door, from home to home.

9

residents that had specific issues wished to speak with

Specific

10

me.

11

other cases, he was not.

12

doing.

13

-- on which we were running, about some changes we

14

would like to make, things that they'd want.

15

they discussed with me things they would want done,

16

some points which I agree upon, some which I had never

17

experienced.

18

is great flooding issues and sewage backup, which is a

19

serious health concern.

20

In certain cases, Mr. Ferreira was with me.

In

And I told them what we're

He spoke a little bit about the platform that

And then

There's an issue on Sanford Avenue, which

MR. CASTANO:

Judge, I'm going to -- I'm

21

going to object to this test -- Judge, I'm going to

22

object to this testimony.

23

extremely polite, but we're going far afield of the

24

issues in the case.

25

THE COURT:

Yeah.

I've been trying to be

I'm -- I'm just asking --

Page 34

1

I'm going to sustain the objection.

2

I'll ask you to do is just -- I understand -- the --

3

the number was what I was interested in.

4

got 25, which is what was required.

5

these individuals within the -- the ward, I assume?

6

And it has to be.

7 8 9 10

Are they -- are

Oh, yes.

They all live in the

You're required 25, and I was well above that.

THE COURT:

Very good.

How many did you

gather?

11 12

You said you

Right?

MS. CAMPOS: ward.

Ms. Campos, what

MS. CAMPOS:

I would say it was close to 50

if not more.

13

THE COURT:

Okay.

Very good.

Is -- is it

14

more?

15

about that, but not -- if you can't give that to me, I

16

understand.

17 18

I'm -- I'm looking for some level of precision

MS. CAMPOS:

I'm so sorry.

I couldn't hear

you.

19

THE COURT:

Oh.

I'm sorry.

There -- I'm

20

looking for some precision as to how many you actually

21

gathered from the -- from the residents of the Second

22

Ward.

23 24 25

MS. CAMPOS:

I'm not sure of the total tally,

but it was -- it was around -- in or around 50.

THE COURT:

50.

Okay.

That -- that's fine.

Page 35

1

Okay.

Ms. Campos, thank you very much.

2 3

MR. FERREIRA:

Judge, I -- Judge, I'm sorry.

I just wanted to add to that.

4

THE COURT:

5

MR. FERREIRA:

6

THE COURT:

Mr. Castano?

I -- it --

Well, Mr. Ferreira, it -It --

That's -- mis -- Mr. Ferreira,

7

I'm sorry.

It doesn't work that way.

8

we'll hear -- just so that the record is clear, okay?

9

I will come back to you so you can add what --

10

MR. FERREIRA:

11

THE COURT:

12

MR. FERREIRA:

13

THE COURT:

What we'll do is

Okay.

-- whatever you need to.

Okay.

But let me just make sure that

14

Mr. Castano has an opportunity to be heard, and then

15

you can be heard, anything else that you'd like to tell

16

me.

Mr. Castano?

17

MR. CASTANO:

Judge, thank you.

I'll be

18

brief.

The first thing I just do want to address, I do

19

join in Your Honor's I guess perception of what my

20

objections probably would have been.

21

big effort to be courteous to the parties, especially

22

in light of the fact that they are pro se.

23

of course, because we're conducting this proceeding

24

telephonically, I didn't think it would be helpful to

25

the Court for me to be lodging objections regarding

I was making a

And also,

Page 36

1

hearsay and speculative argument and arguments that are

2

not contained in their papers.

3

Honor is more than more than competent and qualified to

4

separate that which is admissible and permissible from

5

that which is not, and so thank you for pointing that

6

out, and I -- I just wanted to -- I just wanted to note

7

that.

8 9

Obviously, I know Your

Judge, essentially, I've heard parties' arguments.

People are disheartened or they feel things

10

should be done a certain way or should be done

11

differently, but for -- for better or for worse, that's

12

just simply not the law.

13

I think that the certification that has

14

submitted on behalf of Ms. Carpenter as well as the

15

letter brief in support of it fairly plainly sets forth

16

what the laws and the procedures are.

17

there's any question that Ms. Carpenter followed the

18

laws and procedures to a T.

I don't think

19

And as a matter of fact, I think she went

20

above and beyond that which she was required to do.

21

And by -- by that, I mean that she did consider the

22

additional information that had been submitted by Ms.

23

Campos and nonetheless, she did make a determination

24

based on the facts in front of her by applying the law

25

as it exists today, that the residency requirement had

Page 37

1

not been submitted.

2

I understand the arguments that are being

3

made with regard to which date governs, but most

4

respectfully, if the statute meant to govern the

5

general election, it would have simply said the general

6

election.

7

excuse me, that the change of residency in September

8

would have had to have been before the June 8th, 2021

9

primary qualifier.

10

And so it would appear that the June --

And the fact that there seems to -- not seems

11

to have been, there has been an incident where Ms.

12

Campos voted in the 2020 election from a different

13

address.

14

you look at it -- I don't mean you, Judge.

15

either way a person were to look at it, I don't think

16

that the candidate has complied with the law and I

17

think that the Clerk's decision is -- is supported by

18

the facts that were placed before her and that it was

19

governed by the law as it exists.

I think that poses a problem.

So either way I mean

20

And for those reasons, and unless Your Honor

21

has any additional questions, we would submit based on

22

the papers submitted.

23

THE COURT:

24

very much.

25

perspective.

Mr. Cam -- Mr. Castano, thank you

I do have one question from a substantive Mr. Ferreira and Ms. Campos rely

Page 38

1

significantly in their written submission on Callaway

2

versus Samson, which is, this Court will note, a

3

District Court opinion from 2002 that was issued by

4

Judge Orlofsky.

5

It is found at 193 F.Supp. 2d 783.

The Court is aware that this decision has

6

been made and essentially represents the only decision

7

that has examined the statutory provision that Judge

8

Orlofsky ultimately concluded, among others, and that

9

is N.J.S.A. 40A:9-1.1, 1.2, and 1.3, as rendered,

10

unconstitutional.

11

is with regard to the holding and the import of this

12

particular case on this controversy.

13

And I wondered what your perspective

MR. CASTANO:

Thank you, Judge.

As we

14

pointed out in our letter brief, certainly, the judge

15

is a -- that judge is a well-respected jurist, but

16

regardless of that fact, there's two important things

17

-- at least two important things, or three important

18

things to note.

19

binding on this Court in any way; it's just a United

20

States District Court decision, so it has literally

21

zero precedential value.

22

judge's decision, but it's not precedential on this

23

Court, and I think that's a better way to say it,

24

number one.

25

First of all, it's certainly not

I didn't want to degrade the

Number two, the -- the decision itself

Page 39

1

specifically limit it -- limited it to the facts of

2

that particular case.

3

Court's decision.

4

That was noted early on in the

And I think perhaps most importantly, number

5

three is the fact that despite that decision, the --

6

the statute is still good law.

7

that the Town Clerk in this case or a Town Clerk in any

8

other case has a choice other than to follow that law,

9

unless and until the Legislature changes it or some

10

I mean, I don't think

court were to find it wholly unconstitutional.

11

Obviously, Your Honor, as the jur -- the --

12

may view things differently and -- and, you know, can

13

make rulings as the Court sees fit, but with regard to

14

what the Town Clerk was obligated to do, I would most

15

respectfully submit that she had no choice but to

16

follow that law.

17

She doesn't have a discretion.

The statute -- the statute doesn't vest her

18

with discretion.

19

-- it's interesting, the way it's written, at least I

20

found it interesting in the way it's written.

21

Something along the lines of -- I don't have it in

22

front of me, but she must first pass upon the objection

23

-- and she -- it doesn't say she has discretion to do

24

research or make determinations.

25

I think it's words to the effect of

But, you know, certainly we're aware of that

Page 40

1

decision, but I'd be repeating myself if I go any

2

further.

3

think that it might not be applicable in this case.

4

I've given I think the three reasons why I

THE COURT:

Mr. Castano, thank you very much.

5

Mr. Ferreira, what I'm going to ask you to do is --

6

anything that you -- of course, you want to tell me,

7

I'll be hear you.

8

nomenclature that I had used with Mr. Castano, you may

9

not be familiar with.

And -- but some of the -- the

And again, it's not my intention

10

to be pedantic and please let me know if you're aware

11

of this.

12

The -- if you had to put in air quotes the

13

law, the law that controls the decisions of courts is

14

not only made by the Legislature and signed by the

15

governor; that is, our statutes, but it is also a

16

component part of that, what the courts have said as to

17

the constitutionality of a particular issue.

18

And when Mr. Castano uses the term

19

precedential, he is advising me that -- and what he is

20

saying is that the -- the Court, this Court, cannot

21

rely on the Callaway decision because it is non-

22

precedential.

23

that no either unpublished cases or those that are

24

outside of our jurisdiction can be relied upon as

25

precedent for a deser -- a determination that is made.

We have a court rule, 1:36-2, which says

Page 41

1

Now, that doesn't -- and there's a

2

distinction that's made between precedential and

3

binding and -- versus what is only persuasive.

4

Callaway decision would only be persuasive.

5

always my intention to make sure that parties who may

6

not have formal legal training certainly understand

7

what is being said because I think -- I feel that

8

that's the only way to balance the -- the -- the

9

playing field, as it were.

10

So the

So it's

So again, Mr. Ferreira, if you're aware of

11

this, please -- please let me know that.

But I would

12

be asking you this question as to how you believe that

13

Callaway is important to this litigation, and then I'd

14

be happy to hear you with re -- anything else that you

15

want to tell me.

16

Ferreira?

Mr. Ferreira, are you there?

17

MR. FERREIRA:

18

THE COURT:

I'm sorry.

That's okay.

Mr.

I had it on mute.

I -- and sorry,

19

because I've been, like -- I've been reading and --

20

and, you know, doing the campaign.

21

know, I have a lot of information that I have right

22

now.

23

and what I'm trying to say is that, you know, the local

24

unit should not be the individual ward itself, because

25

the -- the -- the ward -- because each council member

So it's -- you

But it's -- so it defines a local unit.

And --

Page 42

1

votes on town-wide issues, so we should not limit the

2

local unit to the individual ward.

3

local unit here, local, when I heard the word local,

4

any time someone says local, I think municipality.

5

Everything thinks -- I'd be very -- you know, a ward is

6

simply, you know, an electoral district.

7

unit, local government, is your municipal government.

8

We don't have a ward government.

9

thing.

10

It should be -- the

But a local

There's no such

You know, Ms. Campos, if she becomes, or Mr.

11

Konopka holds onto his seat on the Second Ward, they do

12

not govern the Second Ward.

13

decisions based on the entire Town.

14

we -- where else are we saying that -- that Ms. Campos

15

can run?

16

-- where -- where can she run to represent her Town?

17

Because that's what she's doing as a council member.

18

She is more so representing the Second Ward, yes, she's

19

bringing the issues of the Second Ward forth, but she

20

is representing the Town as a whole because she listens

21

to town-wide issues and she would be voting on town-

22

wide issues.

23

They -- they make So where else are

If she cannot run where she lives, then where

So that's what we are arguing about the local

24

unit.

If we -- if we want to get specific, the local

25

unit should consist of the Town itself, not the

Page 43

1

individual ward.

2

THE COURT:

Thank you, Mr. Ferreira.

Is

3

there anything else that you'd like to bring to my

4

attention?

5

MR. FERREIRA:

No.

I -- I also just wanted

6

to note that -- unfortunately, Ms. Campos is not aware

7

of the total number of petitions because I submitted

8

some on her behalf as well.

9

not sure about -- I'm pretty sure on her specifically,

10

but I did submit one for everyone, you know, that I had

11

gathered -- that we had gathered together but that I

12

was holding.

13

mixed in my pile.

14

that were procured from, but -- but I still had in my

15

possession.

16

aware of -- of the -- of the number.

17

I submitted some on -- I'm

You know what I mean?

I -- I had some

So I did hand in some that were --

So -- so that's why she may not be fully

THE COURT:

Okay.

So is it -- is it

18

substantially more than the 50 that Ms. Campos has

19

verified, or -- or --

20

MR. FERREIRA:

No.

I don't -- I don't think

21

so, but I don't want it to be held against her if it is

22

--

23

THE COURT:

No, no, no.

24

MR. FERREIRA:

25

THE COURT:

-- less than 50 or --

No, no, no.

Page 44

1 2 3

MR. FERREIRA:

-- more than 50.

what I mean?

THE COURT:

No, no, no.

That -- that was not

4

my intention.

5

something like that, that would be --

I mean, if -- if the issue were 500 or

6

MR. FERREIRA:

7

THE COURT:

8

MR. FERREIRA:

9

THE COURT:

Right.

-- very different -No, no, no.

-- than -- than 50 versus the 25

10

that is the minimum required.

11

for the question.

12

anything further, Sir?

Yeah.

13

MR. FERREIRA:

14

THE COURT:

15

MR. FERREIRA:

16

THE COURT:

17 18

You know

That was the only reason

Okay.

No.

Mr. -- Mr. Ferreira,

Not at this time.

Thank you, Mr. Ferreira.

Thanks, Your Honor.

Ms. Campos, anything further?

I'll give you the last word, Ma'am.

MS. CAMPOS:

The only other thing I wanted to

19

say was it is my understanding that the last day to

20

register to vote in this election is May 18th.

21

I can participate as a voter, I don't see why I can't

22

participate as possibly a council member.

23

what Mr. Ferreira was saying before was just simply --

24

I mean, again, he did submit a few petitions on my

25

behalf, so I wasn't sure of the exact number, so I

And if

And what --

Page 45

1

apologize for that.

2

THE COURT:

3

MS. CAMPOS:

4

THE COURT:

I should have had that -No.

That's -- that's --

-- before you.

I did not.

-- okay, Ms. Campos.

Don't --

5

please.

6

for specifics, it is -- it is not something that is

7

dispositive.

8 9

It -- it was not -- even though I had asked

Sorry to interrupt.

MS. CAMPOS:

Okay.

And my last thing is just

very simply that I was accepted as a council member.

10

was accepted as a participation (sic) in this -- in

11

this election, until that objection took place.

12

that objection not been logged, there wouldn't have

13

been any issue here.

14

I

So had

So I just wanted to bring that forth as well

15

because I was accepted.

16

ballot and now, as a result, what we're fighting for is

17

for me -- for me to be named.

18

objection not been logged at all by Mr. Santos, and I

19

use Mr. Santos, not Mayor Santos, because he used it in

20

a different power, this -- this would have never been

21

an issue.

22

wanted to bring that to your attention as well, Your

23

Honor.

24 25

I was supposed to be on this

So had this not --

It would never have been a thing.

THE COURT:

So I just

Ms. Campos, thank you very much.

I've already placed the procedural history of this

Page 46

1

matter on the record.

2

Complaint, the plaintiff, who is the -- the one for

3

whom this Court will give the most scrutiny, and that

4

is Ms. Campos, submitted a verified and executed

5

petition to be considered as a candidate for Town

6

council from the Second Ward in Kearny, New Jersey.

7

The primary is scheduled for June 8th, 2021.

8 9

Now, according to the Verified

From the Verified Complaint, I take these facts as well.

On April 9th, 2021, the next day, the

10

defendant, Alberto Santos, filed an objection to the

11

petitioners, noting that one, she was not a registered

12

voter in the Second Ward in Kearny and two, did not

13

meet the eligibility requirements that she be a

14

resident of that local unit for at least one year

15

before the date on which the election for office would

16

be held.

17

A number of days later, on April 16, 2021,

18

Patricia Carpenter, who is the Town Clerk of the Town

19

of Kearny, rejected the petition of Ms. Campos.

20

Campos seeks emergent relief in this action, ordering

21

and adjudging that the defendant, Ms. Carpenter, erred

22

in her rejection of the plaintiffs' peti -- petition

23

and ordering and adjudging that Ms. Carpenter and E.

24

Junior Maldonado, the Hudson County compatriot, be

25

required to place Ms. Campos' name on the ballot for

Ms.

Page 47

1

the primary election on June 8th, 2021 as a candidate

2

for council in the Second Ward in the Town of Kearny.

3

Ms. Carpenter, in response, provides a

4

certification.

5

she notes that she is the registered Municipal Clerk

6

and has served the Town of Kearny since I believe it

7

was 2010.

8

last day for the filing of the petitions for the 2021

9

primary election was April 5th, 2021, with the primary

10

And according to that certification,

She notes that under N.J.S.A. 19:23-14, the

scheduled for June 8th.

11

On February -- pardon me, on Friday, April 9,

12

2021, at 4:57 p.m., the Regular Democratic Organization

13

of Kearny filed objections to the petition filed by

14

Alexis Campos for the Democratic nomination for the

15

Town Council in the Second Ward.

16

12:17 p.m., Ms. Campos sent -- pardon me, Ms. Carpenter

17

sent an email to Ms. Campos with a copy of Ms.

18

Carpenter's objection and requesting Ms. Campos'

19

response to it a number of hours later, Ms. Campos says

20

about three and a half hours on the same day which, by

21

my math, would be exactly the -- that same time frame.

22

On April 13, 2021 at

Apparently, Ms. Carpenter believed that her

23

obligation under N.J.S.A. 19:13-11 was to determine the

24

validity of objections on or before the 9th day after

25

the last day for the filing of the petitions.

That

Page 48

1

date would have been April 14, 2021.

2

Ms. Carpenter also avers that she reviewed

3

the voter registration sheets from the November 2020

4

general election and the N.J.S.V.R.S. online

5

registration system and those records indicated that

6

Ms. Campos' address was 9 Stevenson Place in Kearny.

7

That is located in District 5 of Ward 3.

8

noted to be an unaffiliated voter in Ward 3 as of

9

November of the 2020 general election.

She was also

Ms. Carpenter

10

therefore concluded that based on N.J.S.A. 40:A:19-1.13

11

(sic) that Ms. Campos was not eligible to run as a

12

candidate in the Second Ward.

13

After emailing Ms. Campos about this fact,

14

Ms. Campos advised that she had recently moved to 266

15

Hickory Street, located in the Town of Kearny, which

16

would be in Ward number 2.

17

Joseph T. Negron, who was copied on the

18

email, also advised that -- Ms. Campos advised, excuse

19

me, Ms. Carpenter that Ms. Campos had timely filed --

20

pardon me, had timely registered to vote and updated

21

her address as of March 9, 2021, but the record not --

22

had not yet been processed because of other pending

23

matters.

24

indicates that the starting date of her residency in

25

the Second Ward was as of September 1st, 2020.

Ms. Campos does provide a lease that

Page 49

1

In support of their application, that this

2

Court received as part of their filing on April 19,

3

2021, the plaintiff notes in summary that the one-year

4

residency requirement applies to state-run general

5

elections in November and since the primaries in June,

6

they're noted, are party-run contests, par -- bound by

7

the rules and the regulations set forth by the

8

respective political party, not the State, that

9

essentially the -- the statutes that govern the

10

residency requirements and the durational residency

11

restrictions that are really the issue in this matter

12

should not apply.

13

However, no support is provided for that --

14

that assertion, other than the argument that is made;

15

no case is cited and no statute is cited.

16

therefore cannot rely on that particular argument to

17

essentially say that the election law -- laws that are

18

under scrutiny here do not apply just because it is a

19

primary.

This Court

20

Factually, Ms. Campos argues that if Ms.

21

Campos wins the pro -- the primary and that she is

22

placed on the ballot for the November 2021 election,

23

she will have met the residency requirement by that

24

date.

25

not speak in terms of eventual probability of

Similarly, the Court notes that the statute does

Page 50

1

residency, it speaks in -- instead of the residency in

2

retrospect, that the primary requires, or the

3

eligibility requires a one-year residency before a

4

person is placed on the ballot.

5

The plaintiff also argues that the local

6

unit, as that term is defined, is the entire town and

7

is not the local ward for which Ms. Campos specifically

8

seeks election.

9

argue that there are a number of conflict of interests

10

-- conflicts of interest, excuse me, resulting from the

11

actions that were taken by the defendant.

12

those purported conflicts of interest in their oral

13

argument now.

14

And also, Mr. Ferreira and Ms. Campos

They assert

This application was opposed and the Town

15

addresses each of the arguments that were set forth by

16

the individuals.

17

to place me on mute, or your phones on mute, the

18

background noise will clutter the record and I want to

19

make sure that the record is clear.

20

while you place your phones on mute, please?

21

Thank you very much.

22

Folks, if I could ask you please just

So I'll just pause Okay.

In summary, the defendants, in opposition,

23

contend that the defendants' arguments as to the --

24

pardon me, the plaintiffs' arguments as to the

25

conflicts of interest, the issues addressed under

Page 51

1

Callaway versus Samson, 193 F.Supp. 2d 783 of the

2

District of New Jersey in 2002, and the alleged -- what

3

is purported to be by the plaintiffs a coordinated

4

effort, as they term it to be, by the Town of Kearny to

5

hinder a campaign and that they have been the victim of

6

a subversion of democracy and a coordinated effort of

7

conspiracy by the -- the named defendants lack merit.

8

That is a summary of the defendants' arguments.

9

The defendant also notes and brings to the

10

Court additional considerations, as they characterize

11

them to be, and set forth including that Mr. Ferreira

12

lacks standing in this matter; that Mr. Santos, Albert

13

-- Mayor Alberto Santos, named individually, should be

14

dismissed since the Complaint should have been filed

15

against the Regular Democratic Organization of Kearny

16

by statute N.J.S.A. 19:5-2.

17

As I had noted in the -- previously, there

18

has been no certification that has been provided by the

19

plaintiffs in this matter.

20

more procedural aspects, Ms. Campos did testify before

21

this Court under oath and I am considering her

22

statements that are made as a certification.

23

not something in writing, certainly, I have been able

24

to listen to what Ms. Campos has told me.

25

find that much of what she said is evidential.

However, not to rely on

Although

And I do

Page 52

1

Ms. Campos has been a resident of the state

2

of New Jersey for her entire life and has indicated for

3

the last 36 years, has been a resident of the Town of

4

Kearny.

5

in the Third Ward but has recently moved to the Second

6

Ward, where she has established her residency.

7

She's indicated for the most part, she's lived

There is some question of fact as to whether

8

that residency began as of the date of the lease that

9

was provided by the defendants, which was presumably

10

provided by the plaintiffs to the defendants to

11

substantiate the residency requirement that began on

12

September 1st, 2020.

13

acknowledgment, although this Court cannot impose

14

anything other than a recognition that it may be

15

problematic that if Ms. Campos is voting outside of the

16

ward as part of the general election in November of

17

2020, that that is a distinction without a difference.

18

There is, however, a -- a question,

And there's also an

19

therefore, factually as to whether the September 1st

20

date is the residency require -- is the beginning of

21

the residency, or is it of November.

22

essentially be November 20th because that would be the

23

only specific date that would otherwise have been

24

prevented -- presented as a benchmark as to when Ms.

25

Campos' ward residency, either in the Second Ward or in

It would

Page 53

1 2

the Third Ward, was triggered.

So -- and it becomes a question because if

3

the -- if the plaintiffs' position is that the

4

residency at the time of the general election, if Ms.

5

Campos was successful as part of the primary, and

6

assumes the responsibility of -- as the representative

7

of ward number two, that it's possible that during that

8

-- that time -- pardon me, not possible during that

9

time, but that she would be a valid resident and meet

10

the residency requirements.

That calculation of time

11

is I think going to be factually-based as to whether it

12

was the November -- in the November election or -- or

13

from -- from September, as of September 1st, when the

14

effective date of the lease is.

15

acknowledge that because that is a factual concern that

16

this -- that this Court has.

And -- and I just

17

The first thing that this Court wants to say

18

is I very much appreciate the statements that are made

19

by Mr. Ferreira and Ms. Campos as to the responsibility

20

of good citizens to participate in their government.

21

-- I don't -- I wish more individuals would take an

22

active interest in any decision-making opportunities or

23

represent -- or -- or stand in a representative

24

capacity to other individuals, constituents, as they

25

were, on matters of public concern.

I

Page 54

1

I think that -- and I -- and I don't mean to

2

step on a soapbox here, but I will just note

3

parenthetically and editorially that that is something

4

that may be missing within our society today, and that

5

is the ability of people to step forward and have their

6

voices be heard with regard to this -- about any

7

issues, public -- pardon me; any issues of public

8

concern.

9

And so to that point, I want to congratulate

10

Mr. Ferreira and Mr. -- and Ms. Campos for stepping

11

forward to participate in the electoral process and the

12

democratic process and the election process that is --

13

is under scrutiny here.

14

Our election law is found in Title 19 of our

15

statutes, our Revised Statutes, characterized as

16

N.J.S.A. New Jersey Statutes, Annotated.

17

N.J.S.A. 19:13-12, it reads in pertinent part that any

18

judge of the Superior Court shall hear any application

19

in which any "invasion or threatened invasion" of that

20

person's rights under their petition of nomination in a

21

summary way and make such order thereon as will protect

22

and enforce the rights of such candidates, which order

23

or determination shall be filed within three days after

24

the filing of the application or the Complaint.

25

According to

There are some temporal concerns that this --

Page 55

1

that this Court has, specifically as to the in -- Ms.

2

Campos being informed as to the objection, the lodging

3

of the objection and the reason why it took

4

approximately four days for her to be informed of this.

5

The Court notes with curiosity that the application or

6

the -- the objection was filed, notwithstanding timely,

7

but three day -- three minutes until the conclusion of

8

that period on the 9th.

9

It was then, based upon what I read in Ms.

10

Carpenter's certification on the advice of counsel,

11

that she, meaning Ms. Carpenter, immediately informed

12

Ms. Campos, I think the term was used forthwith in the

13

certification, and provide Ms. Campos with an

14

opportunity to be heard with regard to the objections.

15

Ms. Campos, notwithstanding the personal

16

inconvenience that she may have had with regard to the

17

filing of her response, did file a response, and what I

18

might characterize as a substantive response.

19

not a two-letter -- a two-line, two-sentence

20

notification to the plaintiff, but it was some --

21

pardon me, to the defendants, but it was something that

22

had -- based on thought and reason and circumspect and

23

seemed to meet the requirements.

24

required, she provided more.

25

It was

Although less was

Ms. Carpenter then made the decision, as she

Page 56

1

believed that it was necessary to, and although I have

2

recited N.J.S.A. 19:13-12, to decide this matter as a

3

Superior Court judge in a summary way, Ms. Carpenter

4

also had the responsibility under the statutes to

5

decide the matter in a summary way as well.

6

Mr. Castano notes I think persuasively in his

7

oral argument and his oral presentation that Ms.

8

Carpenter didn't essentially have the discretion to do

9

research as to what was being presented to her.

If I

10

might be glib again, it was not her job, as Mr. Castano

11

has indicated in his oral presentation, as to what Ms.

12

Carpenter's responsibility was.

13

rely upon what the statutes said and therefore operate

14

as to the stat -- as to what the statutes required.

15

Ms. Carpenter had to

What is at issue in this particular

16

litigation is N.J.S.A. 40A:9-1.13.

That statute is

17

titled Eligibility for Candidacy or Appointment to

18

Become a Local Elec -- or to a Local Elective Office.

19

It reads in pertinent part and by way of summary that

20

no person shall be eligible to become a candidate for

21

any local elective office unless that person is

22

registered to vote in the local unit to which the

23

office pertains and has been a resident of that local

24

unit for at least one year immediately prior to the

25

date upon which the election for the office is to be

Page 57

1

held.

2

The statute refers to a local unit.

3

particular statute does not define local unit, but the

4

local unit is defined in N.J.S.A. 40A:9-1.11.

5

According to that statute, a local unit is in a county

6

or municipality and whether a -- an office is required

7

to be filled by election from a district, ward, or

8

other subdivision means the district, ward, or

9

subdivision to which the office pertains.

10

That

This Court therefore must follow what the

11

statute says.

12

durational residency restriction that would be required

13

to be followed by Ms. Campos.

14

and does not disagree with the fact that she does not

15

at the present time in which she is sought -- for which

16

her candidacy is sought is to -- has met the -- the

17

durational residency requirements.

18

simply, lived in the Second Ward for the year prior to

19

the -- the date upon which the relection -- the

20

election for office is to be held.

21

And the statute does provide a

Ms. Campos factually,

She has not, quite

And the election for the office, I -- I

22

understand what the -- the plaintiffs are arguing, is

23

that the controlling date should be the -- should be

24

the general election and looking past from -- looking

25

behind that.

However, the -- nothing has been

Page 58

1

presented to me, nor am I at liberty to speculate as to

2

what the Legislature meant.

3

principle that when the Legislator speaks -- the

4

Legislature speaks in the creation of our statutes,

5

that the plain language, as is set forth here, is to be

6

binding upon the Court.

A -- there is an oft-cited

7

I have not been presented with any

8

information to suggest that the date on which a elected

9

office is to be sought is only for the general election

10

and would therefore have to conclude that a primary

11

election being the scrutiny of any electoral process or

12

the decision being made by the voters, which would

13

include the primary for which Ms. Campos now seeks to

14

be -- to be noted as the -- as the candidate, would

15

control.

16

Therefore, the June 8th, 2021 date, this

17

Court finds, is the operative date.

Ms. Campos has

18

only been a resident of Ward 2 in Kearny for a short

19

period of time, giving her the benefit of the doubt

20

that it was on September 1st, 2020 that she became a

21

resident based on the submission that she has provided

22

by way of the lease to suggest that that one-year time

23

frame would have had to run as of September -- would

24

have -- she would have had to live within that ward at

25

least of June 8th of 2020 in order to be eligible for

Page 59

1

the primary consideration on June 8th of 2021, pursuant

2

to the -- the statute.

3

Now, substantial reliance, this Court notes,

4

is placed by both parties on -- for different reasons

5

on Callaway versus Samson, which is 193 F.Supp. 2d 783

6

(2002), which is a District Court matter that was

7

issued in 2002 by Judge Orlofsky, a trial court judge

8

in the District of New Jersey.

9

Now, on the facts that were presented in that

10

matter, Judge Orlofsky very clearly decided that

11

N.J.S.A. 40A:9-1.1, 1.12, and 1.13 are

12

unconstitutional.

13

were as applied to Mr. Callaway in that particular

14

matter.

15

However, he also noted that they

The Court has had an opportunity to review

16

Callaway versus Samson and will note preliminarily that

17

which is argued by the plaintiff (sic).

18

out-of-jurisdiction case, so it is not binding on this

19

-- on this Court.

20

decision that was made in 2002 and has not been

21

reviewed by the Third Circuit.

22

-- what might be considered a higher court reviews a

23

lower court decision or a trial court decision.

24 25

One, it is an

Two, it was a trial court judge

There is an import if a

But that fact notwithstanding, it has only been -- the constitutionality has only been scrutinized

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1

in the District Court of New Jersey and that does not

2

necessarily translate into a state court decision that

3

would be binding upon this Court.

4

the Appellate Division has not ruled on the

5

constitutional -- constitutionality of 40A:9-1.1, 1.2,

6

and 1.3 and this Court, as I noted at the beginning, ha

7

-- searched the -- and researched how Callaway may or

8

may not arisen within the context of other cases.

9

was only able to find one.

Or said differently,

I

And one of them was -- and

10

that was from the Supreme Court of New Jersey in what

11

is noted to be the In re Contest of November 8th, 2011,

12

which is found at 210 N.J. 29.

13

Now, the Supreme Court in that matter, in a

14

decision that was authored -- excuse me, pardon me for

15

one second, in 2012 did only make reference to Callaway

16

versus Samson.

17

the decision that Callaway made and is only

18

parenthetically referenced twice in that decision.

19

However, those parenthetical references do have some

20

import.

21

It did not focus specifically on the --

Constitutionally, this action that I know

22

that the plaintiffs have not argued, but might be

23

considered something that has to be examined under the

24

intermediate scrutiny basis and it would be required,

25

therefore, to show that as noted by the Supreme Court

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1

in the In re Contest of November 8th, 2021 (sic) that

2

the State would have significant interests as to any

3

durational residency requirements that were imposed

4

upon candidates for public office.

5

I note that the Supreme Court had indicated

6

on page 56 of that decision that these durational

7

requirements ensure that voters have the time to

8

develop a familiarity with the candidate, that they

9

ensure that the candidate can become familiar with the

10

constituency and the issues that are facing the people

11

to be represented, and that they operate as a curb on

12

carpetbagging.

13

Now, the facts and the circumstances that

14

raised the scrutiny of the Supreme Court to the parties

15

in in -- pardon me, in In re Contest of November 8,

16

2021 (sic) are admittedly different than are here and

17

the facts seem to be more ab -- consistent with that

18

which was considered in Callaway.

19

does fear -- does find, as the Supreme Court had noted,

20

that a one-year residency requirement does establish a

21

fair and not unduly-burdensome period for a new

22

residential candidate to become familiar with the

23

people and the issues of the district and conversely,

24

for the people to become familiar with a new resident

25

in the district.

This Court, however,

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1

Now, this Court will note with interest that

2

argument made by both Ms. Campos and Mr. Ferreira that

3

this is the Town of Kearny, a relatively small

4

municipality in the larger scheme of other urban areas.

5

This fact notwithstanding, and despite the fact that

6

Mr. Ferreira argues, again without support, that issues

7

that are voted upon by the Town Council are not

8

specific to the ward, the ward arrangement and

9

organization still remains in place in Kearny.

10

And based on the interpretation and -- and

11

the clear reading of the statute, since it is a ward

12

organization, the representatives of that ward would

13

have the responsibility to demonstrate that the

14

constituency within the ward are being heard.

15

although they may be voting generally on issues of Town

16

concern and importance, they would still have the

17

responsibility, under the ward organization, to

18

represent their constituents.

19

that's the way that the -- that the -- the

20

municipality, Kearny in this matter, has been arranged.

21

And

Rightly, or wrongly,

So although I appreciate the arguments that

22

are made by Mr. Ferreira and also note with -- with

23

interest and with some level of admiration to Ms.

24

Campos and to Mr. Ferreira that they were able to have

25

at least a small portion of the residents of Ward 2 to

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1

speak as to their preference of a candidate by way of

2

signing a petition.

3

not an overwhelming number of petitions that were --

4

that would otherwise reflect the overwhelming belief

5

that members of a constituency, that is, Ward 2,

6

essentially wanted Ms. Campos as their candidate.

7

This Court will note that it is

Now, this is more of a factual observation

8

than one to be legal -- than a legal conclusion, but it

9

certainly does focus on the fact that, notwithstanding

10

there's been a move of approximately 10 blocks, that

11

the need for Ms. Campos to become a inculpated or

12

involved member of what is in Ward 2 certainly has a

13

marginal impact on this Court's decision with regard to

14

this.

15

This Court will also note that this matter

16

comes before the Court on an application for an Order

17

to Show Cause.

18

order to obtain the emergent relief that is requested

19

for the plaintiffs to show by clear and convincing

20

evidence that there is an irreparable harm of -- that

21

they would be victimized by irreparable harm if I

22

didn't grant the relief that is requested, that there

23

is a reasonable probability of success on the merits of

24

the Complaint, that there is no factual dispute, and

25

finally, that the equities on balance and a weighing of

An Order to Show Cause is required in

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1

the hardships weighs in favor of their position as

2

opposed to the defendants.

3

This Court cannot find, under that calculus,

4

that the plaintiffs have met this significantly high

5

burden.

6

there is a factual issue, as I have noted, with regard

7

to the residency requirements.

8

doesn't, based on my review of the clear verbiage of

9

the statute and the clear mandate of the statute; that

Specifically with regard to factual issues,

Secondly, there

10

is, under 4A (sic):9-1.11, 2, and 3 that there is --

11

pardon me.

12

three, that there would be any reasonable probability

13

of success on the merits.

14

Excuse me.

Yeah.

Yes.

One, two, and

And although, as I have indicated -- and I

15

will circle back to this acknowledgment.

16

appreciate the circumstances that led to Mr. Ferreira's

17

assertions before this Court and Ms. Campos' presence

18

and involvement with the electoral process and her

19

appearance and presence and participation in this

20

litigation, the Court, however, only finds that the

21

equities are balanced.

22

Although I do

The -- the plaintiffs certainly have

23

established their interest in running for -- to be in a

24

representative capacity for their fellow citizens.

25

at the same time, the State has the responsibility,

And

Page 65

1

through the -- the Town of Kearny, to assert that which

2

is being required by our Legislature, and that is for

3

these -- well, one year durational residency

4

requirement.

5

will be denied.

6

And for those reasons, the application

Mr. Ferreira, what I will do is I will

7

provide you with a written order and you can take

8

whatever steps that you believe are necessary after

9

that.

I expect to have this written order to you by

10

three o'clock today.

11

Castano, is there anything further, Sir?

12

Looking first to you, Mr.

MR. CASTANO:

No, Judge.

Thank you.

13

-- Judge, I guess there is just one question.

14

apologize.

15

in its entirety by way of a summary proceeding?

16

Judge I

Will the Court's order dispose of the case

THE COURT:

It will not be a summary

17

proceeding, but the matter only asks for this Court to

18

make a determination as to whether Ms. Carpenter has

19

erred as a result of the actions that she took on the

20

16th of -- of April.

21

resolved as a result of this -- this application and I

22

don't believe that any further proceedings are

23

necessary, going forward.

That matter has I think been

24

MR. CASTANO:

25

THE COURT:

Thank you, Judge.

Mr. Ferreira, is there anything

Page 66

1

further, Sir?

2

MR. FERREIRA:

3

THE COURT:

4

MR. FERREIRA:

5

THE COURT:

6

I --

Mr. Ferreira?

So --

Mr. -- go ahead, Sir.

No.

Go

ahead, Sir.

7

MR. FERREIRA:

So -- so what we're -- so what

8

we're saying is that she is not qualified to be on the

9

ballot?

She can still run, but you -- but the Court

10

has stated that -- you know, the -- the objection has

11

gone forth and she cannot be added to the ballot?

12

THE COURT:

You've said a couple of different

13

things there.

14

application that the plaintiff has brought forth

15

seeking to have Ms. Campos placed on the ballot for the

16

primary election from the Second Ward in the Town of

17

Kearny Democratic primary scheduled for June 8th.

18

Okay?

19

objection.

20

Campos, is there anything that you'd like to say?

21

Anything further, Ma'am?

22

Let me just be clear.

I am denying the

And I -- I know -- I know that that's over your That's -- that's completely okay.

MS. CAMPOS:

No.

Ms.

I just want -- I want to

23

thank you for your time and I understand where

24

(indiscernible) coming from.

25

unfortunate, certainly.

It's a state law.

It's

Page 67

1

THE COURT:

2

MS. CAMPOS:

3

THE COURT:

4

MS. CAMPOS: I'm not sure.

Ms. -But I do want to ask you -Go ahead.

Maybe you can or cannot answer

5

this.

6

to run in, or in what capacity would I be --

7

THE COURT:

8

MS. CAMPOS:

9

THE COURT:

In what ward would I be eligible

Yeah.

-- during a recent move?

That's a -- that's a difficult

10

question for me to answer, Ms. Campos, and -- and

11

although I appreciate you asking the question, I -- I

12

-- it would be inappropriate for me to answer it

13

because it would be me giving --

14

MS. CAMPOS:

I understand that entirely.

I

15

-- I didn't think you'd be able to, to be honest with

16

you.

17

THE COURT:

18

MS. CAMPOS:

19

THE COURT:

Yeah.

No.

I -- I got you.

I just -You -- you're -- you're -- yup.

20

You're asking a rhetorical question.

21

understand that.

22

record is clear, I -- it would be inappropriate for me

23

to give you any -- any advice, and that's really what

24

you would be asking me to do.

25

I -- and I

And I just want to make sure that the

MS. CAMPOS:

Okay?

I understand, Judge.

Thank you

Page 68

1

very much for your time.

2

THE COURT:

I appreciate it.

Thank you all very much.

And Mr.

3

Ferreira, I know that we have your email address

4

because you have -- you have communicated with the

5

Court.

6

Castano, I think your email is on your papers and we'll

7

copy you as well.

We will return your order that way.

8

MR. CASTANO:

9

THE COURT:

10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25

And Mr.

Thank you, Judge.

Thank you all very much.

we'll go off the record.

MR. FERREIRA:

And

Cat, thank you very much.

Thank you.

(Proceedings concluded at 2:52 p.m.)

Page 69

1 2

CERTIFICATION I, Sarah Fetz, the assigned transcriber, do hereby

3

certify the foregoing transcript of proceedings on

4

CourtSmart, Index No. from 1:33:10 p.m. to 2:52:07

5

p.m., is prepared to the best of my ability and in full

6

compliance with the current Transcript Format for

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Judicial Proceedings and is a true and accurate

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compressed transcript of the proceedings, as recorded.

9 10 11

/s/ Sarah Fetz

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Sarah Fetz

13 14

RedDoor Legal Services, LLC Agency

AD/T 626 AOC Number 04/23/2021 Date

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ago 12:8 agree 33:16 agreed 28:1 agrees 27:3 ahead 8:23,23 23:23 66:5,6 67:3 air 40:12 Albert 51:12 Alberto 1:8 4:5 7:14 46:10 51:13 Alexis 1:4 2:3 4:5 4:21 12:4 27:17 47:14 alleged 51:2 allow 11:11 25:1 allowed 32:17 allowing 13:14 alternatives 23:12 amount 14:2 ancillary 27:9 Annotated 54:16 answer 67:4,10,12 AOC 69:12 apologize 45:1 65:14 APP 1:3 Apparently 47:22 appear 22:2 37:6 appearance 64:19 APPEARANCES 1:18 2:1 Appellate 60:4 applicable 40:3 application 4:20,24 5:4,11,24 6:25 11:6,19 22:10 27:10,11 49:1 50:14 54:18,24 55:5 63:16 65:4 65:21 66:14 applied 59:13 applies 49:4 apply 13:5,6 49:12 49:18 applying 36:24 Appointment 56:17 appreciate 10:13 53:18 62:21 64:16 67:11 68:1 approximately 55:4 63:10 April 1:15 4:24 5:7 5:17 18:1,23 32:4 32:4 46:9,17 47:9 47:11,15 48:1 49:2 65:20 areas 62:4 argue 13:4 50:9 argued 59:17 60:22 argues 49:20 50:5

62:6 arguing 29:21 42:23 57:22 argument 11:7 12:3 12:15,22,23 24:17 36:1 49:14,16 50:13 56:7 62:2 arguments 3:4 11:2 22:14 26:2 27:12 29:14 36:1,9 37:2 50:15,23,24 51:8 62:21 arisen 60:8 arises 22:5 arranged 62:20 arrangement 62:8 asked 16:3,5,11,16 16:18 17:8,20 18:11 45:5 asking 6:9 8:10,13 10:4 33:25 41:12 67:11,20,24 asks 65:17 aspects 51:20 assert 50:11 65:1 assertion 49:14 assertions 64:17 assigned 69:2 assume 34:5 assumes 53:6 assured 10:7 attention 7:5 8:2 31:6 43:4 45:22 attorney 1:11 2:8 7:21 August 13:10 29:4 authored 60:14 authorized 11:18 automatic 9:22 available 23:12 Avenue 33:17 avers 48:2 aware 7:6,13 14:20 14:20,20,21,22 38:5 39:25 40:10 41:10 43:6,16 awkward 17:6 25:16 B back 11:15 13:12 19:18 20:1 35:9 64:15 background 5:21 9:20 10:23 50:18 backtrack 26:16 backup 33:18 balance 41:8 63:25 balanced 64:21 ballot 5:12,15 45:16

46:25 49:22 50:4 66:9,11,15 ballots 5:18 barred 28:16 based 8:3 10:21 16:9,9 25:14 27:1 36:24 37:21 42:13 48:10 55:9,22 58:21 62:10 64:8 basically 23:25 30:5 basis 60:24 began 52:8,11 beginning 8:2 20:7 52:20 60:6 behalf 36:14 43:8 44:25 belief 63:4 believe 5:17 7:7 9:18 10:21,23 14:1,4,9,22 15:5 15:17 17:9,11,17 22:4 24:15 25:13 41:12 47:6 65:8 65:22 believed 47:22 56:1 believes 24:15 benchmark 52:24 benefit 32:21 58:19 best 31:22 32:20 69:5 better 30:18 32:24 36:11 38:23 beyond 36:20 big 14:11 20:6 35:21 binding 38:19 41:3 58:6 59:18 60:3 bit 31:13,25 32:2 33:12 blame 25:21 blaming 22:20 25:17,18 Bldg 1:14 blocks 24:3,4 63:10 blood 7:19 Bordentown 1:21 born 12:18 15:20 24:24 28:3 boss 17:4,7 bound 49:6 brief 6:2 35:18 36:15 38:14 bring 7:4 8:1 43:3 45:14,22 bringing 4:21 15:4 21:11 42:19 brings 51:9 brought 30:5 66:14 building 19:18,19 21:22 32:10

burden 64:5 business 21:8 C C 27:14 calculated 5:14 calculation 53:10 calculus 64:3 Callaway 38:1 40:21 41:4,13 51:1 59:5,13,16 60:7,15,17 61:18 Cam 8:22 37:23 campaign 41:20 51:5 Campos 1:4 2:3 3:6 4:5,11,13,14,21 5:25 6:3,8,23 7:1 7:10,17 10:14,18 11:4,5,13,15 12:5 12:13 13:9 15:18 16:18,25 18:24 27:5,11,13,17,17 27:18,19 28:7,17 28:19,24 29:1,3 33:2,3,6 34:1,7,11 34:17,23 35:1 36:23 37:12,25 42:10,14 43:6,18 44:16,18 45:3,4,8 45:24 46:4,19,20 47:14,16,17,19 48:11,13,14,18,19 48:23 49:20,21 50:7,8 51:20,24 52:1,15 53:5,19 54:10 55:2,12,13 55:15 57:13,13 58:13,17 62:2,24 63:6,11 66:15,20 66:22 67:2,4,8,10 67:14,18,25 Campos' 46:25 47:18 48:6 52:25 64:17 candidacy 56:17 57:16 candidate 1:4,5 7:10 24:11 37:16 46:5 47:1 48:12 56:20 58:14 61:8 61:9,22 63:1,6 candidate's 5:2 candidates 54:22 61:4 capability 23:13 capacity 53:24 64:24 67:6 Carpenter 1:9 6:2 7:17 25:17 31:21

Page 71 36:14,17 46:18,21 46:23 47:3,16,22 48:2,9,19 55:11 55:25 56:3,8,12 65:18 Carpenter's 31:3 47:18 55:10 56:12 carpetbagger 15:19 carpetbaggers 15:11 carpetbagging 61:12 case 7:24 8:16 9:21 9:23 15:17 17:10 18:22 25:22 30:4 31:18 33:24 38:12 39:2,7,8 40:3 49:15 59:18 65:14 cases 33:10,11 40:23 60:8 Castano 1:17 2:6,7 3:7 4:16,17,17 6:1 6:12 8:2,5,7,11 11:7,14 26:21 33:3,20 35:1,14 35:16,17 37:23 38:13 40:4,8,18 56:6,10 65:11,12 65:24 68:6,8 Castano's 27:21 Cat 4:3 68:10 Catarina 1:25 Cause 1:7 3:3 4:22 11:21 63:17,17 certain 26:3 33:10 36:10 certainly 20:25 29:10 38:14,18 39:25 41:6 51:23 63:9,12 64:22 66:25 certification 6:2 36:13 47:4,4 51:18,22 55:10,13 69:1 certified 27:23 28:12 certify 69:3 cetera 28:4 chairman 16:20 17:2,9 30:10,13 chambers 19:19 21:11,16 change 37:7 changes 32:21 33:13 39:9 characterize 51:10 55:18 characterized 54:15 check 6:3 19:22

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