
District Court Judge Noel Hillman has ruled that 8th District Senate candidate Carl Lewis is ineligible to appear on the November ballot.
In his opinion upholding an earlier decision by Lt. Gov. and Secretary of State Kim Guadagno, Hillman said though Lewis is "a man of great and inspiring achievement, justifiably held in high regard," "our Democracy is one of laws, not men."
"The citizens of the State of New Jersey, exercising their constitutional right in our federalist system to formulate their own government, have chosen and left undisturbed a universally applied and neutral prerequisite to hold the office of state senator," Hillman wrote in his 34 page opinion.
"The durational residency requirement applies to all, regardless of economic status, race, creed, color, age, gender, and political affiliation. And it applies, has been applied, and ought to be applied, equally to the famous and the obscure, to the overachiever and the pedestrian, to the athletically gifted and the passive observer. Its populist appeal, and its democratic strength, lies in its universalism and objective application. In that way it vindicates an equally strong principle of constitutional law -- the corollary to equal protection is equal application to all."
Lewis is vying to challenge Republican incumbent Dawn Addiego for the 8th District seat. Soon after his announcement, Republicans challenged his residency, claiming that the former Olympic track star was actually a resident of California. A court intially upheld Lewis' candidacy but that decision was later overturned by Guadagno.
Lewis appealed the decision and a federal appeals panel handed the case back to Hillman.
While the 8th District leans heavily Republican, Democrats feel they have a shot at knocking off Adiego because of the star power Lewis will bring to the ballot. At th every least, Democratic strategists say Lewis' presence in the race will force the GOP to spend money to hold the seat.
The Lewis camp reacted swiftly to the decision, saying they are planning to appeal.
“Today's decision was not unexpected given the District Court's prior ruling," said William Tambussi, Lewis's attorney. "We believe that the decision is inconsistent with the Third Circuit decision and will file the appeal later today.”
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