After a dizzying three-week stretch of hearings, appeals, 31-page decisions and stop-and-go ballot printings, Gerald McCann’s bid to run, again, for mayor of Jersey City is finished.
Perhaps.
The two-time mayor and one-time felon learned his fate on Thursday, when the state’s Supreme Court (minus the embattled Peter Verniero and Chief Justice Deborah Poritz) upheld in a 3-2 decision a lower court ruling “forever disqualifying Gerald McCann from holding public office in this State,” and ordered the removal of his name from the May 8 ballot.
McCann and his attorneys insist that they will take their case to the U.S. Supreme Court, but even if granted a quick (in that court’s terms) hearing, the wait could take several weeks. And time is a commodity McCann lacks.
McCann, reached during discussions with his attorney last week, declined comment on his future course, saying only, “I don’t want to jeopardize what I’m doing here.”
It looked for a time that the man who traded the mayor’s office for a jail cell in 1992 would get a second chance. Superior Court Judge Arthur D’Italia had ruled March 13 that McCann’s past transgressions did not “touch on his office” and the law that prohibited those guilty of crimes of “moral turpitude” from holding office was, in fact, unconstitutional. (McCann had been convicted in 1991 of bank fraud and tax evasion.)
Neither the city nor the state attorney general’s office challenged D’Italia’s decision.
But rival for mayor and former freeholder Louis Manzo stepped in two weeks ago as an “intervenor” to try to block McCann’s candidacy.
Manzo said his reason for appealing the case was not political, and he argued that his actions would, in fact, save the city from the embarrassment and “chaos” of potentially electing a mayor who might be removed from office. “It wasn’t done for political reasons,” he said. “It was done for the purposes of determining whether his candidacy was legitimate.”
Noting his “stormy past” with McCann, Manzo insisted: “It wasn’t a personal thing, and I feel bad for him and his supporters.”
McCann served two terms as mayor, from 1981 to 1985 and 1989 to 1992. In 1991, he was convicted of bank fraud and tax evasion stemming from a failed venture with a Florida savings and loan. He served a little more than two years, and tried another run at mayor in 1997. But D’Italia ruled that McCann’s status as a federal parolee blocked him from running.
As he geared up for his run this year, questions swirled over his ability to seek and hold the city’s highest office. For Manzo attorney Karen DeSoto, the matter was clear: “Common sense dictates that it is sound public policy not to have convicted felons in office.” She added, “A mayor is a role model, and I don’t think a criminal record is something they should have on their resume.”
That thought was not echoed by mayoral candidate Glenn Cunningham.
“There are a lot of people who have messed up their lives for awhile, especially in poorer neighborhoods,” he said. “There are a lot of people out there who need second chances. As far I’m concerned, Gerry has repaid his debt.”
If McCann is out of the race, it leaves his large voter base with no candidate, although there are six other hopefuls in the race. It’s unclear where those supporters will go. Will they be angered at Manzo for getting McCann out of the race? Will they go for one of the remaining candidates? Or something else entirely?
“I imagine they’ll splinter into other campaigns,” said Council President Tom DeGise, another candidate. Manzo chided both candidates for not getting involved in the matter.
“When leadership was called for, I stepped up to the plate,” Manzo said. “DeGise and Cunnigham were left in the dugout.”
Both DeGise and Cunningham blanched at that statement.
“He can’t lay this on me and Glenn,” said DeGise. “I think he was fearful that he couldn’t beat Gerry.”
Said Cunningham: “It’s a shame that Manzo has to make a campaign issue out of kicking someone when they’re down.”
But something more may be lost without McCann out of the race.
“If he’s not in it, it’s going to be a hell of a lot less fun,” said DeGise. “He’s a tough guy and a smart guy. I’m pretty boring to begin with, so we could use the spice of Gerry.”