McDevitt affirms right to pick Small as organization's candidate in Atlantic City mayoral primary

Atlantic City Democratic Committee Chairman Robert McDevitt wrote a letter today to Democratic State Chairman Joe Cryan declaring 2nd Ward Councilman Marty Small the local organization’s choice for mayor over incumbent Lorenzo Langford.

Cryan in response said he intends to stay out of the matter at this point and on advice from counsel believes McDevitt has the right to make the endorsement without the state party's imprimatur. 

“That decision is a clear validation of my campaign to bring big change to Atlantic City,” Small told PolitickerNJ.com.  

The local chairman’s decision comes following a deadlocked outcome at the committee’s mayor’s candidate forum on March 16 and subsequent communications with the state party committee.  

Fifty out of the 52 elected committee members attended and produced the following inclusive vote totals: Langford, 24; Small, 24; Councilman Dennis Mason, 1; and David Tayoun, 1.

“Langford supporters objected to my assertion that under Robert’s Rules of Order I had an obligation as the Party Chair to break a deadlock,” McDevitt wrote to Cryan. “After some discussion with Langford supporters on the committee, I stated that I would withhold my vote and present the objection to State Democratic Party Officials.”

Paul Josephson, general counsel to the New Jersey State Democratic Committee determined that while the chair could break a deadlock, the decision of the chair could be challenged in court by Langford supporters on the committee.  

“After much reflection, I have come to the decision that exercising my authority under Robert’s Rules of Order as they apply to the Atlantic City by-laws would be a valid decision on my part but that decision would be challenged by Langford supporters on the committee in court and that would once again bring this committee under a cloud of suspicion,” McDevitt wrote. “The result of a judicial challenge would be to undermine the credibility of the Atlantic City Democratic Committee, the credibility that myself and many of our members have worked very hard to restore.  For this reason, I will not exercise my right under Robert’s Rules of Order to break the current committee deadlock.”

However, citing his responsibility as city chair to bring the matter to a resolution, McDevitt suggested that Cryan resolve the impasse by providing Small with the endorsed position on the county line for the June mayoral primary in Atlantic City.