Political races in Hudson County are notorious for getting nasty, and this year’s race in Union City for mayor/commission has been no different.
The mud has been flying for months between the “Union City First” slate of incumbents, led by Mayor Brian Stack, and the “Vision 4 Union City” opposing slate, led by Frank Scarafile.
With a little over two weeks left in the campaign before the May 11 election, residents are bracing themselves for the next low blow.
Earlier this month, residents at the Hillside Terrace public housing apartments in Union City got a bit of a scare when fake letters pretending to be from the mayor were slipped under their doors threatening rent increases.
Stack and his slate immediately held a press conference denouncing the letters and alleging that Scarafile and/or his associates were responsible for distributing them. Scarafile and his allies denied any involvement.
A week later, Scarafile and his running mates held a press conference of their own to criticize the negative tone of the campaign. They also addressed the fliers being distributed against them, paid for by Stack’s team, which they felt were malicious.
The New Jersey Election Law Enforcement Commission regulates campaign spending, but not the content of election materials.
________
Scarafile and five others were arrested in December after the group allegedly handed out literature signed with Stack’s name in a bank parking lot. Although there were claims that the materials were meant to be satirical, the five were arrested by Union City Police and charged with forgery, falsifying records, harassment, and violation of the city’s ordinance against distribution of flyers.
Scarafile and Stack have been in a legal battle since then over the arrest and the fliers.
Scarafile said last week that the problem with the mug shot fliers is that they make it look like he’s already been convicted of the charges, which are still pending.
Pending litigation, no debate
While the criminal case is awaiting trial, civil charges are also pending because Stack and the group of critics led by Scarafile subsequently sued each other.
Stack’s complaint against the Scarafile group alleges defamation, fraud, injury to reputation, and invasion of privacy. It also asks for an injunction to stop the defendants from distributing the materials or anything similar, and requested an unspecified monetary amount of compensatory and punitive damages.
The counterclaim filed by the defendants alleges 19 counts against Stack and others involved, including malicious prosecution, false arrest, false imprisonment, invasion of privacy, theft, assault, fraud, and conspiracy. Each defendant is also requesting “no less than $1,000,000” for what they say were lost wages, humiliation, mental and emotional distress, attorneys’ fees, and other damages due to their arrest and the subsequent controversy.
When invited to a candidates’ debate hosted by The Hudson Reporter two weeks ago Stack’s attorney sent a letter stating that for legal reasons, he advised his client to decline. Scarafile was still willing to debate, and said that he had anticipated the mayor would decline.
In order to provide the public with both men’s answers to the questions, The Reporter invited them to participate in the forum at different times.
They were asked 12 questions each about issues facing Union City. A video of the forum is now available at www.hudsonreporter.com.
Another fake letter?
The aforementioned fliers weren’t the only salvos fired in the heated campaign. Apparently, an anonymous a letter was sent to approximately 4,000 residents in Little Ferry, N.J., where Scarafile works full-time as superintendent of schools. The letter was from an anonymous “Concerned Parent” and questioned the criminal charges against Scarafile and his ability to become mayor in Union City and continue his work in Little Ferry as superintendent. (Before that job, Scarafile was a school principal in Union City.)
Recently, Scarafile charged that someone from Stack’s camp sent the letter out, and said his campaign has been collecting evidence that some of the postmarks were from Hudson County.
Stack’s administration has denied those allegations.
Legal parameters of campaigns
The New Jersey Election Law Enforcement Commission regulates campaign spending, but not the content of election materials; their only stipulation on campaign material is that it must have “paid for by” language on it somewhere identifying the source. Those caught publishing campaign materials anonymously can be fined.
ELEC does not regulate whether the claims in the ads or fliers are true or not, although candidates can always file suit against each other in court.
Richard Perr, a law professor at Rutgers University and specialist in election and political campaign law, said last week, “The courts are loathe to be involved in preventing political speech, except in the most severe cases.”
Even when things seem especially unfair or nasty, it’s basically anything goes in political campaigns, he said.
“That is the back and forth nature of political campaigns,” said Perr. “If you have someone who can stand up on the soapbox and outshout everybody else, greater weight tends to be given to that person.”
Although a candidate could seek an injunction to prevent dissemination of the material if a court determines something to be slanderous, that person has to meet a pretty high standard.
The responsibility thus rests with the voters to find their way through the muddied political waters filled with accusations and personal opinions.
“Voters should take [the] statements like any other ads they see on television or elsewhere,” said Perr. “Do their research on their facts behind the statements [and] see what the fine print says.”
It is a common practice in Hudson County for candidates to hand out “midnight fliers” or last-minute fliers with untrue facts in them just before an election, so that residents don’t have the chance to figure out what’s true and what isn’t. Therefore, residents are urged to research anything they receive in their mailbox or under their door in the days before May 11.
On that day, voters can vote for any five of the ten commission candidates running in Union City. The five chosen will then choose a mayor from among themselves. Right now, both Stack and Scarafile are expected to be the mayoral choice if their slate wins.
Lana Rose Diaz can be reached at ldiaz@hudsonreporter.com.