Record 9/27: Zisa Wants High Court to Rule on Baer's Seat

As reported in today's Record, Ken Zisa is asking the New Jersey Supreme Court to review Friday's Appellate Court ruling that could lead to five sealed ballots being counted in favor of Loretta Weinberg in voting to fill Byron Baer's vacated Senate seat. Judge Doyne has scheduled a hearing for Wednesday morning, barring any Supreme Court actions. See today's Record or click on http://tinyurl.com/8l6jx for the complete text of the article at the Record's http://www.Bergen.com web site (registration required).

Zisa wants high court to rule on Baer's seat Tuesday, September 27, 2005 By SCOTT FALLON STAFF WRITER

Hackensack Police Chief Ken Zisa asked the state Supreme Court on Monday to overturn an appellate panel's ruling that could allow Assemblywoman Loretta Weinberg to succeed retired state Sen. Byron Baer.

The state's highest court had not decided whether it would rule on the case as of late Monday afternoon, a spokeswoman said.

In papers filed with the top court, lawyers for Zisa and the Bergen County Democratic Organization argued that Superior Court Judge Peter Doyne was correct when he declined to count five disqualified votes that could have given Weinberg the seat at a county party convention.

The filing came less than 72 hours after the appeals court reversed Doyne's ruling.

The panel ruled that the county organization's more stringent filing deadline for county committee voters did not supersede the state's own deadline.

The names were supposed to be forwarded to party leaders at least 30 days before a special election under the organization's bylaws. But state law says only that voters who are appointed within seven days of a special election can be barred.

It also said that the courts can get involved in intra-party matters.

"There is established law in regards to courts staying out of local political party elections," Zisa said. "We think [Doyne] ruled appropriately."

The five voters said they cast their ballots for Weinberg, D-Teaneck, at the Sept. 15 election.

Rep. Steve Rothman, D-Fair Lawn, who oversaw the election, disqualified the ballots because the voters' names were brought to the organization the day before the election. Rothman said there would likely be errors and fraud if everyone withheld their names until the eve of a special election.

Zisa won, 114-110, to fill Baer's seat through November and 112-111 to be on the Election Day ballot.

Doyne has scheduled a hearing for 9 a.m. Wednesday pending any action from the Supreme Court.

"Everybody's got a right to their legal remedies," Weinberg said of the filing. "We are obviously going to make case law when this is all over."

The Zisa-Weinberg conflict pitted U.S. Sen. Jon S. Corzine, the Democratic gubernatorial candidate and supporter of Weinberg in the matter, against Bergen County's influential party chairman, Joseph A. Ferriero, who backed Zisa.

E-mail: fallon@northjersey.com Copyright © 2005 North Jersey Media Group Inc.

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