| | | | |  | | By Matt Friedman | Good Wednesday morning! If ELEC rules that Republican gubernatorial candidate Bill Spadea’s continuing radio program is an in-kind contribution from NJ 101.5’s owner Townsquare Media, expect Spadea to take it to federal court. “The Respondent is confident this matter will be dismissed by the Commission because a contrary determination would be unfathomable and would be struck down, on an emergent basis, by the courts for violating Mr. Spadea’s First Amendment Rights.,” reads a response to ELEC by Spadea lawyers Charles Spies and Jack Carbone. There are too many arguments in the briefs filed by Spadea and Townsquare Media — as well as by primary opponents Jack Ciattarelli and Jon Bramnick — to go into here in this space. You can read them all here. But I feel qualified to say this as a non-lawyer: The First Amendment case, at least based on recent court precedent, could be serious. When it comes to campaign finance, the federal courts have been quite permissive of what constitutes speech. Nevertheless, the brief makes a mockery of common sense, to appropriate the radio personality’s favorite phrase. The Spadea brief calls his show a “bona fide news program.” Journalism comes in many forms and no one has a monopoly on reporting the news. But it’s practices that separate journalists from propagandists or entertainers. Spreading false conspiracy theories about the 2020 election, vaccines, or not correcting false statements even when called on them is not bona fide news. For instance, last year he said Rutgers reinstated a mask mandate. His claim was based on some outdated information on its website, which was contradicted by more current information that was also on the website. I think we can all agree that an actual journalist would simply call Rutgers to clarify what their policy is before launching into a rant about it. People committed to real news gathering would also not attack the press for putting together data on police use of force in a way that the public can easily access it. Both Spadea’s lawyers and Townsquare Media attorney Angelo Genova claim that the four-hour daily radio show isn’t promoting Spadea’s gubernatorial campaign. Townsquare says they’ve enacted guidelines to ensure it doesn’t. “The airtime provides his campaign with no direct or tangible benefit,” Genova’s response reads. Again, common sense: This is a gubernatorial candidate who built his name recognition largely from the radio show, and he’ll continue to share his opinions on New Jersey politics and policy for four hours every weekday. In what world does that not benefit his campaign? But campaign finance law and constitutional interpretation isn’t always common sense. ELEC will hold its hearing on the issue Friday. And despite Spadea’s claims that ELEC is the “swamp” coming after him, I have no idea how they’ll rule. TIPS? FEEDBACK? Email me at Mfriedman@politico.com. QUOTE OF THE DAY: “Is there any chance he can sit on a camel in Egypt? I’m dying for him to be on a camel.” — Nadine Menendez in a text message to Egyptian intelligence officer Mai Abdelmaguid in advance of a congressional trip, according to court proceedings HAPPY BIRTHDAY: Ross K. Baker, Christopher Connors, Shelley Skinner WHERE’S MURPHY? — No public schedule
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APPROACHING A FULL MASTRO — NJEA has sent $8M to group promoting its president as he runs for governor, by POLITICO’s Matt Friedman: New Jersey Education Association President Sean Spiller’s campaign for governor has far more money behind it than initially known. Earlier this year, a super PAC funded by the NJEA, Garden State Forward, sent $2 million to the group “Protecting our Democracy,” a nonprofit that does not publicly disclose its donors. But records show that in the spring and fall of 2022, shortly before Protecting Our Democracy publicly launched, Garden State Forward funded it with $1 and $2 million donations, respectively. And according to a spokesperson for the NJEA, Garden State Forward recently donated another $3 million to the group, bringing its total funding to at least $8 million. Protecting Our Democracy is not officially tied to Spiller but it has run television ads and issued mailers promoting him ahead of his June 14 official campaign launch … Based on its advertisements, the 501(c)4 organization appears devoted to improving Spiller’s name recognition statewide ahead of a crowded Democratic gubernatorial primary. The 2022 donations were spotted by Mike Lilley, who runs the Sunlight Policy Center nonprofit — an organization devoted to researching and countering the NJEA, with a recent focus on directly reaching teachers who may not be aware of the extent of the group’s political activities.
RUINING OPRA AND THEN POTENTIALLY SATURDAY — “Deal with governor allows budget to be in place by week’s end, Sarlo indicates,” by NJ Spotlight News’ John Reitmeyer: “With just days left to avert a government shutdown, a top state lawmaker said the Legislature is in agreement with Gov. Phil Murphy on New Jersey’s next annual budget, paving the way for final adoption by the end of the week. However, key details of the emerging budget agreement remain hidden from public view, and time is running out for a meaningful robust public evaluation of what is expected to be a record-high spending plan. Speaking at the start of Monday’s Senate Budget and Appropriations Committee meeting, state Sen. Paul Sarlo (D-Bergen), the committee chair, indicated legislative leaders are aiming to have a fiscal year 2025 spending bill voted out of budget committees by Wednesday or Thursday. From there, that would put the Legislature on a course to send the spending bill to Murphy for final adoption on either Friday or Saturday, he said. ‘There is a budget agreement in place between the Legislature and the administration,’ Sarlo said. ‘The timing is still up in the air.’” DECADE OF HELL — “Why dog days of summer for NJ Transit could last for years,” by NJ Spotlight News’ Benjamin J. Hulac: “For those looking for relief from New Jersey’s hellish train commute into and out of New York City lately, don’t expect it anytime soon from what has been a prime culprit: Amtrak. A backlog of repairs and decades of slim federal investment in American railroads have left the country’s — and New Jersey’s — busiest transit hub, New York Penn Station in Manhattan, vulnerable to delays and cancellations. Those disruptions have had spillover effects on NJ Transit riders, many of whom have been furious during the recent spate of delayed and canceled trains, including Thursday, when Amtrak lost electricity across much of the Northeast Corridor, the stretch of track running between Boston and Washington, D.C. Compounding riders’ fury is a fare increase for NJ Transit slated to start in July. But breakthroughs to improve Amtrak’s service by fixing dilapidated equipment and expand a tunnel system built during the Taft administration are perhaps a decade away, according to officials and other experts.” —“Mediation ends for NJ Transit and train engineers, clearing path to strike in months,” by New Jersey Monitor’s Nikita Biyrukov: “The National Mediation Board has ended more than four years of negotiations between NJ Transit and a union representing its engineers without a resolution, paving the way for a strike that federal law could still delay by months. NJ Transit locomotive engineers have been working under an expired contract since 2019 amid a collective bargaining standoff with the state over pay, but federal law that limits labor actions by railroads has kept them from striking despite a unanimous vote by the union’s members … The end of mediation kicks off a 30-day cool-off period, meaning locomotive engineers could strike as early as July 25, though they will likely have to wait months longer.”
| | | | Understand 2024’s big impacts with Pro’s extensive Campaign Races Dashboard, exclusive insights, and key coverage of federal- and state-level debates. Focus on policy. Learn more. | | | | | THE LINE — “GOP Senate primary, county lines reigned supreme,” by New Jersey Globe’s Joey Fox: “In the contest between [Christine] Serrano Glassner and [Curtis] Bashaw for the Senate seat currently held by indicted Senator Bob Menendez, the county line had a 100% track record of delivering for endorsed candidates. Bashaw won the 14 counties where he had local Republican party support, usually in landslides, while Serrano Glassner did the same in the seven counties where she had party backing. That was enough for a Bashaw victory: he won 45% to 38%, with two other candidates, Justin Murphy and Albert Harshaw, receiving 11% and 5%, respectively. The success of the line goes even deeper than that, however. In the 17 counties that used the county line this year – the other four did not for a variety of reasons – the strength of the party endorsement near-absolute: Serrano Glassner won every single town in the counties where she had the line, while Bashaw won all but one town in his counties.” —“NJ unemployment rate 6th highest in the nation as health care, banking shed jobs” —“Kean gave up his media gig before running for Governor in ’81” —“NJ lawmakers advance bill to ban herbal product ‘kratom’ after death of Ocean County man” — “Murphy taps Burlington mayor for judgeship, a move that could help get signoff for Hoffman” —“Norcross brothers will continue to serve on Cooper health board” | | BIDEN TIME | |
SALMON TRIES TO CATCH WORM — RFK Jr. faces lawsuit trying to bar him from New Jersey ballot, by POLITICO’s Daniel Han: A prominent Democratic attorney is trying to prevent independent presidential candidate Robert F. Kennedy Jr. from appearing on New Jersey’s general election ballot this November. The election attorney, Scott Salmon, filed a legal challenge Tuesday alleging that Kennedy violated the state’s so-called Sore Loser law, which prevents candidates from running as independents in general elections after seeking a major party’s nomination. Kennedy sought the Democratic nomination for president until October 2023, when he said he would continue his campaign as an independent. … Legal filings from Salmon point out how Kennedy ran for president seeking the Democratic nomination. Kennedy’s April 2023 statement of candidacy with the Federal Election Commission and his campaign kickoff said he was running as a Democrat.
| | | LOCAL | | | THE PBA GOLD CARD: NEVER COMMIT A CRIME WITHOUT IT — “Montclair University sergeant charged in PBA card fraud enrolls in PTI, loses job,” by The Rrcord’s Lori Comstock: “A 25-year veteran Montclair State University police sergeant accused of trading his PBA card for forged insurance documents has entered a diversionary court program to resolve the charges against him. Christopher Angst, 49, of Long Valley, avoided jail time during a hearing last week in state Superior Court, but was required to forfeit his employment at the state's second largest public university, where he had been employed as a police officer since 1999, according to pension records … Prosecutors accused Angst of conspiring with Michael McFadden, 54, of New Milford, an insurance agent … McFadden allegedly created false documents saying Angst had a workers' compensation coverage policy for his company, C&E Professional Painting LLC ... Angst was also accused of gifting McFadden a gold Police Benevolent Association card in exchange for the documents, authorities said.” SPILLER 2025 — “How Montclair disregarded warnings to upgrade protections against hackers,” by Montclair Local’s Sherry Fernandes: “In March 2017, Montclair’s Town Council unanimously voted to buy a subscription to Microsoft Office 365 that would give township employees easy access to the company’s ubiquitous mix of office services. Included at no extra charge was a piece of software that experts say can prevent most cyber attacks. The software, known as multi-factor authentication, or MFA, creates a process in which anyone signing on to a computer network is required to confirm their identity on their cell phone or through some other means. It prevents the most common form of hacking in which an intruder manages to steal someone else’s username and password … In the six years after the township bought Office 365, officials repeatedly passed up opportunities to activate its MFA feature or put in place a comparable product. By May of 2023, the town’s insurers were threatening to cancel Montclair’s cybersecurity policy if officials did not immediately implement MFA for all employees. Officials were still arguing over how to pay for a competing product when hackers struck, seizing key files and shutting down basic town services for weeks … A month later, in July of 2023, the insurance company negotiated a settlement with the hackers with Montclair paying $450,000 for return of its files.” THE DRIVER ON THE BUS GOES ‘GLUG, GLUG, GLUG’ — “N.J. school bus driver stumbled out of vehicle at DUI arrest, bodycam shows,” by NJ Advance Media’s Anthony G. Attrino: “A former school bus driver from Sussex County sentenced to prison for driving drunk with 27 kids on board told an officer she was sober before stumbling to the roadway after stepping off the bus, according to video of the arrest. Colleen M. Eutermarks, 51, of Wantage. … provided police with a breath sample that showed her blood-alcohol content was .34, which is more than eight times the legal limit for drivers of commercial vehicles. A mostly empty bottle of vodka was found in her purse. ‘You’re driving a school bus drunk. What’s wrong with you?’n a trooper shouted at Eutermarks, according to video obtained by NJ Advance Media on Friday." NEWARK — “Judge rules charter school to keep building Newark district sold years ago,” by TAPIntoNewark’s Matt Kadosh: “The Newark schools superintendent’s lawsuit to get a school building ‘unsold’ was dismissed, potentially putting an end to a four-year court case that paid lawyers more than the building was sold for in the first place. The judge in the case called the lawsuit a ‘shameful’ use of tax dollars. ‘I absolutely have, very close to the forefront if not at the forefront, the fact that this has been going on for four years between two public entities in a situation where it’s — frankly, it’s shameful — the amount of money' that has been spent,’ Essex County Superior Court Judge Lisa M. Adubato said in April, according to a transcript of the hearing. She then said, ‘I’m gonna stop myself.'" R.I.P. — “Man dies while trying to get kids off the beach during a lightning storm in Seaside Park” R.I.P. — “Cape May lifeguards mourn longtime leader ‘Buzz’ Mogck” —“Wording of Wayne school quiz assessing grasp of terrorism upsets Muslim parents” —“Prosecutor: Jersey City cop submitted forged records to receive medical leave” —“Jersey City school board members give superintendent outstanding grade prior to vote on 3-year deal” | | EVERYTHING ELSE | |
JERSEY MAN — “New Jersey gamer flew to Florida to attack rival with hammer, police say,” by The New York Times’ Jesus Jimenez: “A New Jersey man who the police said had flown to Florida and attacked a fellow gamer with a hammer over an online dispute was charged with attempted second-degree murder on Sunday. The man, Edward Kang, 20, of New Jersey, was taken into custody early on Sunday morning after he arrived at the fellow gamer’s house around 2 a.m. that same day and attacked the victim with a hammer, Sheriff Bill Leeper of Nassau County, Fla., said at a news conference on Monday. Sheriff Leeper said that Mr. Kang had never met the gamer he attacked in person, but that they knew each other from playing ArcheAge, a fantasy online game where players pursued their own adventures of exploration and conquest in a mythical world. ... Sheriff Leeper said that in ArcheAge characters can be created to fight and kill one another.” —“Breaking the silence: A girls track program was the envy of N.J. But its legendary coach was a predator” —“Sex assault charge against ex-Seton Hall basketball standout dropped as trial nears”
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