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: SUPERIOR COURT OF NEW JERSEY

STEPHANINE DIXON : ATLANTIC COUNTY

: CHANCERY DIVISION

Plaintiff:

: Civil Action

: Docket No.:

CRAIG CALLAWAY : AFFIDAVIT

Defendant :

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I, THOMAS J. FORKIN, being of full age duly sworn upon my oath depose and say:

I am an attorney licensed to practice law in The State of New Jersey and the duly elected

Chairman of the Democratic Committee for the City of Atlantic City.

That I make this make this affidavit in support of the certification of the County Chairman,

Chuck Chiarello for nomination and election of Stephanine Dixon for the Democratic Party

Line for the General Election scheduled to take place on November 4, 2003.

That this special meeting was pursuant to an advisory opinion rendered by the Hon. Max

Baker on October 24^th applying N.J.S.A. 19:13-20.

That I received no notice from the Court or copy of the Order from the Court advising of this

meeting.

That I received a phone call from County Chairman Chuck Chiarello on Saturday October

25^th informing me that we needed to convene a special meeting of the Atlantic City

Committee as soon as possible.

That the purpose of this meeting was to replace Craig Callaway on the Democratic Line as

Judge Baker had rendered the primary election moot based upon the dozens of fraudulent

absentee ballots submitted by Callaway and his campaign staff.

That Chuck Chiarello and I generated the appropriate notices on Sunday October 26^th.

EXHIBIT A.

That said notices were mailed to ALL CERTIFIED COMMITTEE PERSONS from the

Certified list from the Atlantic City, City Clerks Office attached hereto. EXHIBIT B.

That I personally mailed these Notices from the Atlantic City Post Office Sunday evening,

placing them into the LOCAL MAIL BOX immediately outside of the Post Office.

That in addition to mailing said notices I emailed all committee persons, with viable email;

posted on the Democratic Web Site and called all individuals with whose valid phone

numbers I had.

That in addition to my individual efforts in serving the appropriate notice, the meeting was

also announced in the Atlantic City Press on Monday and Tuesday, October 27^th & 28^th, in

addition but not limited to extensive discussion on local news, Channel 40, 1400am, The Don

Williams Show, and the Harry Hurley Show 1450 all October 27^th and 28^th.

That on Monday October 27^th I requested County Clerk Michael Garvin to provide me with

an updated list of certified Committee Persons and forward that to the City Clerks Office so

that I would have the most to date list of eligible Committee voters. EXHIBIT B.

That all committee members were informed in their notice and in the additional notice

attached to their copy of the agenda material that the Committee would vote as a whole, as it

had when the Committee last convened in a quorum in February of 2003 to set the contested

seats for the Party Line. EXHIBIT C.

That when roll was called at our Special Committee Meeting on October 28^th ALL Certified

Committee Members were present, except for Diana Messina 1-1; Damon Tombs 2-1; Joseph

Hicks 2-4; Barbara Hudgins 4-3; Berta Betista 5-1; Rochelle Hoffman 5-2 and Sophia

Vizcaino 5-3.

That the agenda was followed and that following roll call, nominations were open for the

Third Ward Council Seat for the Democrat Party line, at which time Craig Callaway and

Harold Mosee became very disruptive yelling and hollering out of order.

That Callaway’s behavior included profanity and personal threats to Chairman Chiarello and

myself, too numerous to discuss for the purposes of this pleading.

That I called for Nominations, at which time Rochelle Salaway 6-2 nominated Craig

Callaway, which was quickly seconded by someone in the quorum.

That Callaway quickly sought to withdraw his nomination.

That Paul Hood 2-5 nominated Stephanine Dixon, which was seconded by Mayor Langford

4-4 The vote was called, at which time Mr. Callaway continued with his threats and

profanities and called his supporters out of the meeting, at which time they left.

All remaining twenty persons voted via secret ballot, Edward Turner 3-3.

That in addition, Jack Bernato, from the 6^th Ward also voted, however voted improperly as he

is not a certified member of the Democratic Committee as represented in the attached list.

Mr. Bernato is also employed by the law offices of Daniel Gallagher, Esq. and is an attorney

for Craig Callaway.

That Stephanine Dixon won the nomination on a vote of 20-1, to which was certified by

County Chairman Chuck Chiarello immediately proceeding the meeting and forwarded via

facsimile to the County Clerk, Superintendent of Elections, Joanne Armbruster, Mark Stein,

Esq. and this Honorable Court.

That all persons at this Committee Meeting were asked for identification and cross

referenced with the County Clerks certified list.

That the credentials were checked at my request pursuant to the Constitution and Bylaws of

our Committee.

That said identification credentials were checked by the Sergeant at Arm, Michael Messina in

a good faith effort to address the concerns of fraud following Judge Baker’s decision to

declare the primary election of Craig Callaway invalid due to said fraud.

That it is my understanding that Mr. Callaway called a “Special Meeting” of his own on

Sunday October 26^th, to which I never received notice of.

That said meeting was not valid due to it is not the established procedure for placing

someone on the Party line in a contested election, as the Committee as a whole nominates

and votes on the same.

That neither Chairman Chiarello nor myself were made aware of this meeting prior to it

being held.

That no other candidates other than Craig Callaway were present at that meeting, and no

notices were sent out to inform Stephanine Dixon or any interested parties to run.

That Steven Moore participated in this meeting, nominated, seconded nominations and voted.

That Steven Moore is NOT a certified Committee Member by either the County or Municipal

Clerks and should not have participated.

That for the reasons set forth, The “secret” Third Ward meeting on October 26^th shows not

only bad faith but lack procedural correctness and underscores the bad faith by Craig

Callaway and his campaign workers for those very reasons The Hon. Max. Baker voided the

primary election in the first place. Fraud.

That as a result of the above factual representations, I am respectfully requesting that this

Honorable Court recognize the Valid Certification of the County Chairman, Chuck Chiarello

and properly award Stephanine Dixon the Democratic Party Line for the Third Ward of

Atlantic City general Election.

THOMAS J. FORKIN /S/

__________________________

THOMAS J. FORKIN, ESQ.

Chairman of The Atlantic City

Democratic Committee

Sworn and subscribed to before

Me this 30^th day of October 2003

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Notary Public