Judge Robert Gardner of the Superior Court denied permission for a special election to fill the seat of now-Rep. LaMonica McIver to take place on the same day as the citywide school board election on April 15, meaning that Newark’s Central Ward will be without representation on the city council for over a year.
Following his victory in a special election for Congress, McIver resigned in September. Due to Gardner’s decision, the seat will remain unfilled until the November contest winner is certified.
According to Gardner, the law forbids combining nonpartisan school board elections with nonpartisan city elections.
We abide by the laws as they were drafted by the legislature. He claimed that they were aware of what they were saying at the time. We must presume, of course, that they did.
The ruling seems to disregard a directive to flexibly interpret election regulations in order to provide voters with the greatest number of options.
Craig Kaiser, the deputy state attorney general, argued against the city’s election proposal, pointing out that voters would become confused because Newark residents aged sixteen and seventeen could now vote in school board elections alone.
Former U.S. Senator Cory Booker served as the Central Ward council member from 1998 to 2002.