April 10, 2008 - 1:37pm
Pennacchio plans to file complaint against Unanue candidacy
By Matt FriedmanSenate candidate Joe Pennacchio plans to challenge the validity of Andy Unanue’s candidacy tomorrow.
Pennacchio campaign manager Dan Gallic said that, if Unanue does indeed drop out of the race, then his “oath of candidacy was not made in good faith.” Gallic cited press reports that Unanue had flown back to Vail, Colo., where he kicked off his candidacy while on a family vacation two weeks ago, shortly after filling his candidacy on Monday.
“As we understand from the reports, he was already on the plane within 24 hours, raising significant issues as to whether he ever intended to run at all,” said Gallic.
Gallic plans to file the complaint with the Division of Elections before tomorrow's 4:00 p.m. deadline for petition challenges.
If the complaint holds water, it could effectively knock former Rep. Dick Zimmer -- who may replace Unanue on the primary ballot if chosen by the candidate’s three-member committee on vacancies -- out of the race.
But as of this moment, Unanue has not formally withdrawn his candidacy. If he does not drop out, to be replaced by someone else, then the complaint will be moot.
Unanue’s committee on vacancies has until Wednesday, April 16th to appoint a successor.
The deadline for filing petition challenges with the Division of Elections is tomorrow at 4:00 p.m.
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Question....
Could Pennachio's campaign take him out based on residency issues first before going after him on Oath of candacy? Arguing the first issue is far less subjective than the second. I could be wrong and the residency issue could have been already settled.
Pennacchio attacks Unanue
Pennacchio attacks Unanue out as Unanue drops out in favor of Zimmer. What a fighter!
residency
I could be wrong, but I believe you have to live in NJ by Election Day.
If that is the case...
Then Jersey Joe should drop the "good faith" arguement and should beat Zimmer the old fashion way... There are enough people out there to make that possible because Zimmer isn't as sure thing. Franks actually had it eaiser in 2001 before being crushed by Schuldler.
Absurd
Actually the argument is beyond absurd. Are they suggesting that a person's physical whereabouts 3 days after filing is "evidence" as to his state of mind 3 days ago? The only issue here is were the statements true at the time the document was signed. Post submission actions or travel are just irrelevant. We don't know where the guy is and there's been no official withdrawal. Plus, if you look at the "oaths" actually signed, even if he does withdraw (or travel), it would not make any of the oaths untrue.
Joe's campaign had been doing a great job of ignoring the sideshow and simply pressing on. This kind of posturing will only reinforce a perception that he thinks his only chance of winning is if no one else runs.
If you're going to take a bad PR position, at least be sensible enough to be on solid legal ground.
Poorly played.
^ I agree
with the above comment... It seems like "Jersey Joe" is scared of a lobbyist and DC based politician... I guess that "Jersey Joe's" only shot at winning the GOP nomination is through scuttling the competition.. The recent FDU poll shows that Joe P and Murray Sabrin have an equal shot at winning.. about 80% of GOP voters don't know either candidate...
Hold on there morimoto-san ...
Lest there be any confusion, my prior comment is not to suggest that I think Murray has any kind of a chance here. I've been crystal clear in my comments from the beginning that i don't think that Murray is viable statewide...or county wide ...or in anything but the most carefully selected subdivision of a municipality. If it somehow stays mano a mano, Joe probably wins in a walk.
I just think Joe is showing poor judgment in deviating from his mantra of "I'm running for senate and I don't care who else is". By seizing on an overly technical and legally flawed argument to try to stifle competition, he appears afraid of competition.
re
Jersey Joe is broke, and desperate.
His claim has virtually no legal standing. A committee for vacancies EXISTS for the exressed purpose of replacing a candidate when they drop out.
desperation
this move by Pennachio reeks of desperation.
laughable
who's advising Joe Penn, Lionel Hutz? The constitution of the united states says that you just have to be a resident as of the date of election. Second, since when is intent a basis to challenge a petition. The candidate signed the certification that consented to stand as a candidate. At the time it was signed he did intend to stand as a candidate as evidenced by his signature. Joe Penn wants to examine his mens rea? Sorry, that's just not going to happen. I don't care if he got out 15 minutes after he submitted the petition.
Jersey Joke is a fighter.
It is better to fight with ghosts than not at all. Andy "the bean" Unanue certainly qualifies to a ghost category. Jersey Joke should drop out now and sign up with the "Independence Party" that he so desperately wanted to organize some years ago. At least, Jersey Joke could be true to his believes.
I'm a lawyer...this is a sad joke
There is absolutely nothing in the law that provides for "good faith" in the execution of an oath or anything else having to do with Title 19. Jersey Joke.