Cape May City vs. Cape May County Clerk

CAPE MAY—The City of Cape May is suing Cape May County Clerk Rita Marie Fulginiti. Fulginiti oversees the elections in the County and on the Nov. 5 election ballot, in addition to the names of those seeking office, there is a referendum, Question #1. It is directed to voters in the Lower Township Regional School District. It reads: “Whether the City of Cape May should be permitted to withdraw from the Lower Cape May Regional School District or, in the alternative, should the Lower Cape May Regional School District be dissolved.”
The referendum asks the voters for their opinion about whether or not Cape May City should be allowed to leave the Regional School District which is composed of Cape May City, West Cape May and Lower Township. Cape May City objects to the referendum being on the ballot for a variety of reasons.
Cape May City Mayor Dr. Edward Mahaney, Jr. referred the Herald to the attorney they hired to pursue their claim. He is Vito Gagliardi with the Law Firm of Porzio, Bromberg and Newman with offices in Morristown. Gagliardi is an expert in education and election law.
“The entire process is riddled with errors,” Gagliardi said. On Oct. 15, Gagliardi filed suit. Although he said it was not his first choice. He said he went to the Clerk, Fulginiti, for relief but she was unable to accommodate him.
Fulginiti confirmed this. The sample ballots have all been printed at the cost of thousands of dollars to the taxpayer and many people have already voted by mail or absentee.
Fulginiti stressed that the referendum is non-binding. This means that even if it is passed it does not have the force of law. “It’s similar to a poll to give public officials an idea of where the voters stand,” Fulginiti explained.
Gagliardi’s response is that the ballot does not make it clear that it is “non-binding” and that the overall language as written is confusing and he maintains that it is obvious that no one considered whether it was “lawful and proper.” Gagliardi maintains that it is not. “State law does not permit this,” he maintains.
The process to separate from a school district is intricate, excruciating and long. Cape May had begun that process. It considers this non-binding referendum an attempt to influence the process unfairly.
Judge Julio Mendez, who sits principally in Atlantic City, signed the plaintiff’s order to show cause on Oct. 17. Arguments on this motion are set for Oct. 24 in Atlantic City. At that time Gagliardi will ask for injunctive relief. First the plaintiff wants the Judge to remove question #1 from the ballot altogether and reissue sample ballots for Cape May City, West Cape May and Lower Township. This would mean the taxpayers would have to foot the bill for this resending process. Or, in the alternative, lock the voting machines in those three districts and post signs in the voting places with an explanation as to why the question is invalid. The plaintiff also wants the county clerk to send a letter to all registered voters and absentee voters with a similar explanation. Gagliardi’s proposed order also asks for attorney’s fees and costs.
The Oct. 24 hearing is 11 days before election day, Nov. 5.