August 25, 2009
By CHRISTINA TATU
FRANKFORD -- The 4 p.m. deadline today to submit petitions to fill a possible vacancy on the Frankford Township Committee is clear. Who should accept those petitions is not as clear.
County officials say acting Frankford Township Clerk Patricia Bussow should accept petitions for those hoping to fill the vacancy that may occur if Mayor Paul Sutphen is recalled. But township attorney Kevin Benbrook says County Clerk Erma Gormley should accept
petitions.
"Our reading of the statute says the recall election official is the authorized person to accept nominating petitions," Gormley said Monday.
Gormley said she was advised by the state Attorney General's Office and county attorney Dennis McConnell that Bussow should accept the petitions.
According to Benbrook's interpretation of the state statute, Bussow should be responsible only for the receipt, review and verification of the actual recall petition, not the candidate petitions. The law says it is the duty of the county election official to distribute and collect petitions for those wanting to appear on the ballot, Benbrook said.
"...it is the county clerk that runs every other local election, she has the expertise, and it is clear in my judgment that the recall statute, in requiring her to prepare and distribute the ballots and receive nominating petitions and political party selections, contemplates that she conduct the recall election," Benbrook said in a Friday e-mail sent to Bussow and McConnell.
If a decision cannot be reached by today, it may be up to a judge to decide who will accept the petitions, Benbrook said.
According to Gormley, Sutphen attempted to turn in a petition Friday, but she turned him away. Although he is up for recall, Sutphen still can petition to be on the Dec. 8 ballot. Sam Castimore, a member of the recall committee, also planned to submit petitions. Castimore said he had 167 signatures and Sutphen said he had 145, both candidates securing more than the minimum required.
The ballot will have two questions: First, determined by a majority yes or no vote, should Sutphen be recalled from the office of mayor and second, determined by the most votes, if Sutphen is recalled, who should fill his seat.
Sussex County Republican and Democratic Committees also have until this afternoon to nominate a candidate.
Martin Morrison, chairman of the Frankford Republican Committee, said the group had several candidates in mind, but none were willing to commit to the position on such short notice. Sussex County Republicans interviewed Sutphen and Castimore, and discussed several other candidates Saturday, but decided not to nominate anyone, said Frankford Republican Committee Chair Jim Ayers.
"Recall election law is not clear. At best, I think it's purposefully difficult because this is something that's not to be done on a whim," Gormley said, noting this is the first time in Sussex County history that a municipal recall has proceeded so far.
In April 2008, Hardyston voters successfully recalled school board president Marbeth Boffa, making her only the second school board member to be recalled in New Jersey history. The municipal clerk collected petitions from candidates during that election, Gormley said.
