What constitutes residency?

Candidate eligibility is challenged in WNY, NB

Residency has been a hot topic in the current election cycle, with candidates in both North Bergen and West New York having their eligibility questioned due to owning property (and possibly a home) in another town.
In West New York, current Commissioner Dr. Count J. Wiley’s eligibility to run was contested when his opponents pointed out that his wife, Beatriz Wiley, is an elected Democratic committeewoman in North Bergen.
In North Bergen, Mayor Nicholas Sacco’s team pointed out that opponent Lawrence “Larry” Wainstein has a house in Franklin Lakes and his children attend school there.
In both cases the candidates also have property – a home, they say – in the town in which they are running. The question of eligibility then hinges in part on how to determine the primary residence when an individual owns more than one home.

Registration regulations

Both North Bergen and West New York use a commission form of government. That means voters do not choose a mayor; they choose five part-time commissioners. The commissioners then choose a mayor from among themselves.
Commission forms of government are regulated by the Walsh Act, enacted in 1911. “It’s a nonpartisan race, held by the municipality,” explained Hilda Rosario from the Hudson County Clerk’s office. This means the election is administered locally rather than at a state level.
Still, the municipalities aim to follow the statutes for state elections. “Technically they must be a resident of the municipality for one year” in order to run for office, said North Bergen Township Clerk Erin Barreras.
“It’s not uncommon these days to own more than one home,” said West New York Town Clerk Carmela Riccie. “But you obviously can’t register to vote from more than one home.”
In order to register to vote in Hudson County, individuals must fill out an application affirming that, among other things, they have resided in the state and county at least 30 days before the next election, and they must provide a home address.
“According to the Attorney General’s office and election law, you must be registered in the place you claim as your primary residence,” said LaDesha Wadley, a representative of the Hudson County Superintendent of Elections. “That means where you lay your head at night.”
Voter registration records obtained by OPRA from the county indicate that Beatriz Wiley has been a registered voter in North Bergen since at least 2004. Count Wiley has been registered in West New York since March 12, 2009, prior to which he was registered in North Bergen.
Larry Wainstein has been registered in North Bergen since March 3, 2014 – more than a year before the election date of May 12, 2015. Prior to that he was registered to vote in Union City.

Lawsuits and investigations in West New York

Current West New York Commissioner Count Wiley is running on the “West New York United” ticket against incumbent Mayor Felix Roque. However, Wiley’s wife, Beatriz, is currently a Hudson County Democratic County Committeewoman representing Ward 4, District 5 of North Bergen.
A recent lawsuit filed by two residents – a resident of West New York and a resident of North Bergen – noted that according to voting records, Wiley has voted for years in West New York while his wife voted in North Bergen.
The lawsuit sought the removal of Count Wiley as West New York commissioner and/or Beatriz as committeewoman, alleging that the couple committed legal fraud when listing their addresses on various forms and reports, including voter registration forms.
His biography on the West New York town website states that “Commissioner Wiley resides in West New York with his wife, Beatriz.” But the Wileys maintain that they have two residences. Wiley called the lawsuit frivolous and politically motivated in a statement issued by WNY United.
A Hudson County Superior Court judge ruled on April 27 that the people who filed the lawsuit had no legal standing to do so, effectively quashing the suit.
Meanwhile WNY United issued a media advisory on April 23 indicating that they had contacted law enforcement to question whether Roque’s residency was legitimate when he ran in 2011.
West New York Town Spokesperson Pablo Fonseca responded by saying, “Mayor Roque will continue to focus on results and what’s in the best interest of the residents of West New York and not on false accusations and rhetoric.”

Meanwhile

The charges of residency in West New York aren’t the worst potential skeletons in the closets of the candidates. Both Roque and supporter-turned-enemy, Wiley, have been mentioned in connection with investigations.
In 2012, Roque withstood a federal trial after he was indicted by the federal government in an alleged scheme to hack into an opponent’s website, but he was ultimately acquitted. (His son was charged with a misdemeanor related to the same alleged scheme.) Then, the state of New Jersey released a damning report accusing Roque of allegedly meddling in school district personnel matters for political reasons. The state has not brought charges.
At a commissioners’ meeting in 2012, the Roque-controlled board majority passed a resolution censuring Count Wiley for conduct unbecoming of an elected official. Wiley had admitted the same month that some town employees from neighboring North Bergen had painted his office the previous year. Wiley’s father, James Wiley, had earlier in 2012 resigned as the head of public works in North Bergen, and pleaded guilty to state charges of having North Bergen employees do personal chores at his home while being paid by the township.
Regarding the painting of Count Wiley’s office, Wiley said this was part of a “shared services” agreement with the other township.

Wainstein’s residency challenged in North Bergen

Wainstein is running for commissioner in North Bergen on the “Lower Taxes Vote for Change” ticket, facing an uphill battle against Sacco. Various accusations have been tossed back and forth between the two camps.
“I love North Bergen and I always lived in Hudson County. I always had a place I could stay because of my multiple businesses,” said Wainstein, a successful businessman who says he owns “many businesses” with over 150 employees. “Most of my businesses are in Hudson County and I decided to purchase a home in North Bergen.”
That was about a year and a half ago. Representatives for Wainstein initially told the North Bergen Reporter that the Franklin Lakes residence is a “summer home,” but Sacco’s administration challenged that assertion, pointing out that Wainstein’s three children go to public school there.
Sacco has been running a TV spot showing a massive home in Franklin Lakes.
“I have children that are special needs. They’re in special programs,” Wainstein told the Reporter this week in an exclusive interview. “We’ve made tremendous sacrifices for our children. My wife is in Franklin Lakes to be able to provide my children the best possible education.”
Although his voting records support his residency in North Bergen going back to March of 2014, Wainstein’s residency was challenged again this week in a press release from the Sacco camp.
“Newly released Business Registration documents obtained by the Sacco Campaign prove once and for all that Larry Wainstein doesn’t live in North Bergen – he lives in a $2 million mansion in Franklin Lakes,” read the release, going on to state that business documents filed by Wainstein showed his address “in Franklin Lakes as recent as March 25, 2015 – only six weeks ago and far less than the required one year in advance of the municipal election when candidates must establish residency in order to run.”
The documents referred to several of Wainstein’s businesses and were obtained from a public search database online.
“They have to file an annual report and you have to list the president and home address,” stated Sacco representative Phil Swibinski. “It was filed only about six weeks ago and it was Franklin Lakes. That’s not the kind of thing you can lie on.”
Wainstein responded that the 2015 date was misleading. “That’s the date that they requested that report,” he said. “The Franklin Lakes address is the address that was listed when I filed the corporation back in 1999. It has no bearing whatsoever on where I live today.”
Calls and emails to the State of New Jersey Department of the Treasury to clarify the matter had not been returned by press time.
Wainstein noted, “If I wasn’t allowed to run, why didn’t they file a complaint? Why didn’t they challenge my residency in a court of law? They didn’t because they know I live in North Bergen.”
Sacco responded that he isn’t challenging Wainstein’s candidacy because he wants the people to decide.
“I want him to run,” said Sacco. “Because otherwise he’ll be able to say ‘I would have won but they knocked me off the ballot.’ ”

Art Schwartz may be reached at arts@hudsonreporter.com.

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