AP: No overturning Doria's defeat

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AP: No overturning Doria's defeat

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Posted by primary news on January 27, 2004 at 14:36:27:

No overturning Doria's defeat

Spending issue kept alive by appeals ruling

Tuesday, January 27, 2004

By Steve Strunsky
Associated Press writer

NEWARK - A state appellate panel yesterday refused to overturn the results of a Hudson County Democratic primary that ousted 12-term assemblyman and onetime Assembly Speaker Joseph Doria.

But the panel, ruling in the Appellate Division of state Superior Court, agreed with the Doria slate's contention that state campaign spending limits do apply to primaries.

The panel referred that portion of the case to the state Election Law Enforcement Commission to determine whether illegal spending occurred and if so, what penalties might be imposed, short of overturning the primary's result.

The Doria team alleged that the $700,000 spent by the slate of the victor, Glenn D. Cunningham, for the primary exceeded the state spending cap by about $125,000.

But the panel ruled the Doria slate failed to show that any excess spending was a determining factor in the election.

"There is no reliable evidence that the alleged violations had a significant impact on the election, so there is no need for ELEC to consider any forfeiture claim," Judge Patrick King wrote.

Cunningham went on to win his bid for state Senate in the 31st District, as did his running mates for two state Assembly seats, Louis Manzo and Anthony Chiappone.

Unless the case is appealed to the state Supreme Court and the panel's decision is reversed, the three will keep their seats.

The Doria slate sued in Superior Court in Jersey City after the primary, but Judge Arthur D'Italia dismissed the claim, ruling that spending limits do not apply to primaries. The Doria slate appealed, leading to yesterday's decision.

With the win, Cunningham extended his power base beyond Jersey City, where he is mayor. The victory also was a blow to the Hudson County Democratic Organization, and especially to Doria, who was Assembly speaker in 1990 and 1991, and minority leader from 1992 to 2002.

Lawyers for Doria, who was seeking a 13th two-year term, and his running mate for state Senate, L. Harvey Smith, did not return calls yesterday. Cassandra Savoy, a lawyer for Assembly candidate Elba Perez-Cinciarelli, declined to comment.

Angelo Genova, a lawyer for the Cunningham slate, applauded the ruling.

"It's a complete vindication, because what the Doria folks sought to do was undo the election and compel a forfeiture of office," Genova said. "And neither of those things happened."

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: No overturning Doria's defeat

: Spending issue kept alive by appeals ruling

: Tuesday, January 27, 2004

: By Steve Strunsky
: Associated Press writer

: NEWARK - A state appellate panel yesterday refused to overturn the results of a Hudson County Democratic primary that ousted 12-term assemblyman and onetime Assembly Speaker Joseph Doria.

: But the panel, ruling in the Appellate Division of state Superior Court, agreed with the Doria slate's contention that state campaign spending limits do apply to primaries.

:
: The panel referred that portion of the case to the state Election Law Enforcement Commission to determine whether illegal spending occurred and if so, what penalties might be imposed, short of overturning the primary's result.

: The Doria team alleged that the $700,000 spent by the slate of the victor, Glenn D. Cunningham, for the primary exceeded the state spending cap by about $125,000.

: But the panel ruled the Doria slate failed to show that any excess spending was a determining factor in the election.

: "There is no reliable evidence that the alleged violations had a significant impact on the election, so there is no need for ELEC to consider any forfeiture claim," Judge Patrick King wrote.

: Cunningham went on to win his bid for state Senate in the 31st District, as did his running mates for two state Assembly seats, Louis Manzo and Anthony Chiappone.

: Unless the case is appealed to the state Supreme Court and the panel's decision is reversed, the three will keep their seats.

: The Doria slate sued in Superior Court in Jersey City after the primary, but Judge Arthur D'Italia dismissed the claim, ruling that spending limits do not apply to primaries. The Doria slate appealed, leading to yesterday's decision.

: With the win, Cunningham extended his power base beyond Jersey City, where he is mayor. The victory also was a blow to the Hudson County Democratic Organization, and especially to Doria, who was Assembly speaker in 1990 and 1991, and minority leader from 1992 to 2002.

: Lawyers for Doria, who was seeking a 13th two-year term, and his running mate for state Senate, L. Harvey Smith, did not return calls yesterday. Cassandra Savoy, a lawyer for Assembly candidate Elba Perez-Cinciarelli, declined to comment.

: Angelo Genova, a lawyer for the Cunningham slate, applauded the ruling.

: "It's a complete vindication, because what the Doria folks sought to do was undo the election and compel a forfeiture of office," Genova said. "And neither of those things happened."

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