A T L A N T I C   C I T Y
DEMOCRATIC COMMITTEE

3201 Atlantic Avenue, Suite 101
Atlantic City, New Jersey 08401
(609) 347-1162
FORKINLAW@COMCAST.NET


THOMAS FORKIN, ESQ. CHAIR
BERNICE COUCH, VICE CHAIR
LOUIS HOFFMAN, TREASURER
KAHLID BUTT, RECORDING SECRETARY
STEHPHANIE MARSHALL, CORRESPONDING SECRETARY
JOYCE MOLLINEAUX, SGT AT ARMS
MICHAEL MESSINA, SGT. AT ARMS


The Hon. Michael Garvin, Clerk
County of Atlantic
Main Street
Mays Landing, New Jersey
Facsimile (609) 625-4738
VIA FACSIMILE & REGULAR MAIL
      July 30, 2003
Re: 5th Ward Council Seat & Party Line

Dear Mr. Garvin;

I am writing in regard to the above captioned matter and to follow up on my recent meeting with Mr. Zingarelli and members of our Executive Board. In addition I have received and reviewed the letter Councilman Mason has written to you in this regard.

At this time it is incumbent upon me to vigorously object to any inference that Mr. Mason or anyone on the Republican line is endorsed by the Democrat Committee or Democrat Party. This is a partisan form of government and to stretch the law in which Mr. Mason suggests would fly in the face of our two party system and undermine the integrity of our Democratic Line. Perhaps if this was still a non partisan vicinage his liberal reading of the law may apply, but not under the present circumstances. Under the present circumstances the County Chair sets the line and can fill vacancies on the line.

Title 19 more specifically N.J.S.A. 19:14-9 applies to nominations, not primary elections. Mr. Mason was never "nominated" by the Democrat Committee, nor has the issue ever been presented at a committee meeting for a vote. Mr. Mason has not contacted my office, or any executive committee member seeking any valid endorsement or party affiliation.

As you are aware Mr. Lopez was pressured to not submit his petition, by the Republican's, on the eve of the deadline. As a result no candidate was on the line and this drew attention to the write in ballots, to which Mr. Mason received approximately 1/2 dozen for the Democrat primary. Six write in votes hardly constitutes an "endorsement". Mr. Mason has declared he will run as a Republican in November's General Election. He cannot have his cake and eat it too despite his liberal reading and attempt to misapply this statute.


In the interim myself and my colleagues on the executive committee selected Mike Zingarelli to run as a Democrat on the line, filling the vacancy left by Mr. Lopez's sudden and unexpected departure. I had requested Chairman Chiarello to fill the vacancy immediately after the primary to which he informed me he was seeking a "legal" opinion. As per my conversation with him late yesterday, he has directed me to speak with you. Mr. Chiarello has no objection as to placing Mr. Zingarelli on the line pursuant to the Executive Committee's request. I should also note that once that is achieved Mr. Zingarelli shall withdraw his petition as an "Independent Democrat" and accept his proper place on the Democrat Line. The number of signatures on his petition numbered in excess of 30 which far exceeds Mr. Masons 6 write in votes.

Please file this letter and accept this as the formal requested placement of Mr. Zingarelli on the Democrat Party Line as a Regular Democrat, to be confirmed by County Chairman Chiarello within two weeks.

I thank you in advance for your time and consideration concerning this matter, and I would ask that you contact me directly with any questions or related issues you may wish to discuss.



Very truly yours;



Thomas J. Forkin, Esq.

Committee Chairman




07/30/03


Hurley@SJTalk.com


Letter reformatted/reconstructed by  AB




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