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October 11, 2006
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Clerk rules candidate may remain on ballot
Democratic chair says he will bring case to state court
BY KATHY BARATTA
Staff Writer

Following Monmouth County Clerk M. Claire French's assertion that "voting has already begun," she made the decision to allow Republican Manalapan Town-ship Committee candidate Nikole Pezzullo to remain on the Nov. 7 ballot.

Manalapan Democratic municipal chairman Gerard Ward said he will bring his challenge to Pezzullo's candidacy to state Superior Court.

"While I was disappointed in the county's decision, the question of Ms. Pezzullo's eligibility is too important to ignore, whether through the county or the courts," Ward said.

"We have a Republican candidate who has voted in another community for the past five or six years, which indicates that she has not met the state residency requirements to run for office," he said.

Pezzullo is running against Democrat Rick Klauber in a bid to win a three-year term on Manalapan's governing body.

Manalapan Republican municipal chairman Steve McEnery dismissed Ward's action as a desperate political ploy.

"This is nothing more than last-minute tricks because they know it's too late to put someone else on the ballot," Mc-Enery said.

Pezzullo owns a home in Belmar, which she refers to as a beach house, and a home in Manalapan, which she refers to as her primary residence.

"The woman has lived in Manalapan since 2003. Her kid goes to school here. She sits on the board of trustees of her kid's school. She pays taxes in the town. What more is there to say?" McEnery said.

On Monday, Pezzullo told the News Transcript, "I think it is unfortunate that with less than a month to go before the election, they are focusing on this issue when there are so many other important issues facing the town. This has already been proven to be a non-issue."

In late September, Ward contested Pezzullo's candidacy with the Monmouth County Board of Elections. He alleged that Pezzullo did not meet the resident eligibility requirement under state statute governing election law.

Ward's contention is that the statute provides that a candidate's voter registration establishes residency and that a one-year residency is required to run for office in any municipality.

According to voting records, Pezzullo voted in Belmar in every general election since 1999 with the exception of 2003. She registered to vote in Manalapan in April after filing her candidate's petition.

French said given the fact that absentee ballots have already gone out and that reprinting the ballots and remailing them would cost more than $10,000, she was denying Ward's request. She said the issue could be brought before a judge and that she would comply with any decision made by the court.

Speaking about French's decision, Ward said, "The county's decision had nothing to do with the merit of our arguments, which speaks volumes. If the county is concerned about the price of reprinting ballots, imagine the cost of a special election if Ms. Pezzullo was deemed ineligible."

Attorney Brian Hoffman, representing the Manalapan Democrats, said he would file an action in state Superior Court, Freehold, this week.

Ward said, "As public officials we have a responsibility to do what's best for this community. Voting in Belmar means you're concerned with Belmar issues, not the important challenges facing Manalapan like the mega-mall or municipal taxes. Can we believe a public official cares about Manalapan if they are living, voting and breathing Belmar? I think not."