Allegations of voter fraud are nothing new for Hoboken. In a 1999 council election, there were allegations of impropriety on both sides, with the end result of over 200 hundred absentee ballots being seized, charges being filed and a grand jury being convened.
In response to these incidents, State Sen. Bernard Kenny (D-Hoboken) has introduced a law into the state legislature to determine who can and who can’t help disabled or elderly voters fill out absentee ballots before an election.
This is a thorny issue in Hoboken, where traditionally, candidates in the heated municipal elections visit senior citizen buildings before Election Day an effort to help residents who won’t be able to make it to the polls fill out absentee ballots. In close races, such ballots can decide an election. In the past, supporters of Mayor Anthony Russo have gotten more votes from absentee ballots than their opponents.
Russo agreed with Kenny, a political opponent, last week that it is a good concept to clarify election law. But he disagreed with the fact that right before the upcoming municipal elections, Kenny released a grand jury presentment to the press – a presentment that found absolutely no evidence of wrongdoing – and attached Kenny’s political opponents’ names to it.
The grand jury presentment
In a letter addressed to Hudson County Prosecutor Fred Theemling date March 1, 2001, Kenny stated, “In response to the grand jury investigation presentment dated July 5, 2000 regarding the Hudson County Superior Court Case in the matter of Jean Forrest et al. vs. Nellie Moyeno, I am enclosing as proposed legislation which was introduced in the New Jersey Senate on February 26, 2001.”
However, the documents Kenny included with the bill show that while a grand jury reviewed information regarding absentee ballots, they decided there wasn’t any evidence of criminal wrongdoing.
The presentment never mentions anyone by name and never mentions the case by name or case number. It only refers to the case as a “certain municipal election” and refers to the people involved as either named or unnamed people but never by their names. However, it is obvious which election the presentment refers to.
The presentment states, “We find there exists no credible evidence that would lead us to conclude that any absentee voter suffered disfranchisement.”
It also states, “Further, we find there exists no credible evidence to support the allegations that a candidate for office, elected official or other unknown individuals unlawfully filled out or cast ballots for absentee voters, unlawfully campaigned during the absentee balloting process or unlawfully destroyed the ballot of an absentee voter. Therefore we find there exists no sufficient credible evidence which would warrant the leveling of criminal charges against any individual.”
But the jury had some cause for concern about the process. The presentment complains about the high number of absentee ballots and says it doesn’t like the idea of “predatory politicians.”
Kenny said last week that the investigation arose after Hoboken United, a political group that is against Mayor Anthony Russo, filed suit against two Russo allies, City Council President Nellie Moyeno and 4th Ward council candidate Florence Amato, regarding Amato’s bid for council in 1999.
However, Amato also charged during that election that there was wrongdoing on the part of her Hoboken United opponent, but she didn’t file a complaint.
“Two years ago, in the City Council elections and in the school board elections,” said Kenny last week, “some of [Russo campaigners] were being intrusive when it came to senior citizens filling out their absentee ballots.” The candidates of Hoboken United filed suit on May 7, 1999 against Moyeno and Amato. Hoboken United, included current 4th Ward Candidate Ruben Ramos and Mayoral Candidate David Roberts, both of who are closely aligned with Sen. Kenny and who are up for election in May.
The suit claimed that Amato and Moyeno intimidated people into registering to vote.
As a result of that court case, 200 absentee ballots were temporarily impounded during the 1999 city council election via a court order, pending an investigation by the county’s Board of Elections. It is unknown whom the ballots would have supported.
No wrongdoing, but bad idea
At the same time, the case was sent to the grand jury for judgment. The grand jury did not find enough evidence for warrant any indictment.
But the jury expressed concerns. Their presentment notes that there was a four-fold increase in the number of absentee ballots in wards that are laden with senior citizen residences. “While some might attribute this merely to innocent, aggressive canvassing and heavy voter turnout, we are not so sanguine,” they wrote.
The document went on to give its recommendations by saying that “While we in no way wish to frustrate any person’s participation in the electoral process by further refining the definition of incapacitated absentee voter, we do wish to end the practices we have previously described. Further, we seek to foreclose predatory politicians and their supporters from exploiting the law and ensure that public resources are no longer wasted on investigation into the kinds of baseless charges, counter charges and political mischief we have witnessed here.”
What the bill says
The bill seeks to make major amendments to an existing absentee voting law. The new law would define an incapacitated voter as someone who can’t leave his or her residence “because of chronic illness, disability or some other medical condition, rendering the voter incapacitated.”
The bill also proposed that any interaction of absentee voters in matters pertaining to absentee ballots be limited to family members or duly authorized nonpartisan agents overseen by the Office if the Superintendent of Elections.
Mayor Russo said last week that this could hurt seniors.
“It seems sort of suspect when Senator Kenny is part of a bill that will disenfranchise senior citizen voters,” he said Wednesday.
“It is not a bad concept,” he added, “but there are some flaws. There are a lot of senior citizens that do not have living relatives, and people need help in filling out their ballots, and the way the law is written will make it difficult to get those people help. Just by the mere fact that there is not that much thought put into it leads me to believe that this is purely political.”
Russo also took issue with Kenny making the results of the grand jury public. The presentment had been released to state legislators because it contains suggestions for changing the laws.
“[Making it public] was totally unethical,” Russo said. “They blindsided us with this presentment. But the thing about it is, they found no wrongdoing. They just want us to look bad and evil when nothing is further from the truth.”
Russo also said that the fact that Kenny named people in his letter about the legislation, and sent the court case to the press, is another sign that this is merely political. The mayor believes that if Kenny was only interested in introducing a good bill, then he would not have mentioned by name people who are currently running under Russo’s ticket, namely Moyeno.
“The presentment doesn’t mention any names,” said Russo..
Moyeno also defended her actions while campaigning. “You have to be aggressive when campaigning,” she said, “but we never used any predatory or unethical tactics. It is just a shame that they have to introduce this bill which is going to disenfranchise senior citizens.”
Two Hoboken United city council candidates said the bill is a good one. “There isn’t a candidate in your voting booth,” said Council-at-Large candidate Ruben Ramos, “so there shouldn’t be one in your living room.”
Another Hoboken United council candidate, Anthony Soares, said he believes that the legislation will be effective. “It’s sad that they prey on senior citizens,” said Soares Wednesday morning. “They are working harder to steal the election than they are to win it.”
Regardless of the path that this bill takes, it will not be passed in time to affect the May 8 mayor/council elections.