Guadagno overturned an administrative law judge's decision
Nine-time Olympic Gold medalist Carl Lewis declares his candidacy for New Jersey State Senate in this April 11 photo.TRENTON — In a ruling that outraged Democrats and prompted accusations of a conflict of interest, Lt. Gov. Kim Guadagno today threw Olympic track-and-field champion Carl Lewis, a Democrat, off the ballot for state Senate.
Guadagno, a Republican, said there was "substantial credible evidence" that he had not lived in New Jersey for the four years required under the state Constitution.
"(Lewis) did not yet own his home in New Jersey, did not otherwise live in New Jersey, did not file his taxes in New Jersey, was not registered to vote in New Jersey and did not have his business in New Jersey," she wrote.
Guadagno’s decision overturned an order issued last week by an administrative law judge, who ruled that Lewis should remain on the ballot because Republicans had failed to prove their case.
An attorney for Lewis, William Tambussi, immediately filed a federal lawsuit challenging the constitutionality of the residency requirement and claiming Lewis’s civil rights were violated. He said he planned to appeal the decision today in state court.
"It’s clear the administration will do anything to keep Carl Lewis off the ballot," Tambussi said. "But it’s unconstitutional. So we’ll rectify that."
The decision by Guadagno — who is the first to serve in the newly created position of lieutenant governor — is likely to reignite the debate about whether Gov. Chris Christie should have given her the responsibilities of the secretary of state, which include overseeing the Division of Elections.
Senator Barbara Buono (D-Middlesex) the majority leader, issued a statement saying Guadagno, the number two Republican in the state, "should have taken the common sense approach and recused herself from being involved in this controversial and seemingly partisan decision."
Lewis, 49, who grew up in Willingboro and then lived in the West before returning to New Jersey, announced two weeks ago that he planned to challenge state Sen. Dawn Addiego (R-Burlington) in the Republican-leaning 8th Legislative District in South Jersey.
In recent days Lewis, a sports legend who won nine Olympic gold medals, accused the governor of trying to talk him out of running on the eve of his election announcement.
The nine-time Olympic gold-medal winner also accused Gov. Chris Christie of trying to dissuade him from running as a Democrat.
"Basically he called and it was pretty clear to me he did not want me to run, and the things he was talking about were to get me to not run," Lewis said in a phone interview yesterday.
Senate President Stephen Sweeney (D-Gloucester), who stood by Lewis’s side when he announced his candidacy, accused Guadagno of doing Christie’s bidding.
"The governor couldn’t bully Carl Lewis out of the race and the Republican Party couldn’t make a case stand up in court, so the lieutenant governor did their bidding for them," he said.
Christie spokesman Michael Drewniak disputed Lewis’ account, saying, "It’s just completely false."
"I don’t know why he’s inflating what was a friendly conversation, a casual conversation," Drewniak added.
He also dismissed the notion that Christie influenced Guadagno’s decision to remove from the ballot.
Lewis grew up in Willingboro, then attended the University of Houston in Texas and later moved to Los Angeles to pursue an acting career. He switched his voter registration to New Jersey on the day he declared his candidacy.
Republicans argued that Lewis could not have lived in New Jersey long enough to fulfill the state’s residency requirements for seeking office, partly because he voted in California as recently as 2009 and paid income taxes there until at least 2008.
Democrats countered that Lewis bought his first home in New Jersey in 2005, has been a volunteer track coach at Willingboro High School since 2007 and has had a New Jersey driver’s license since 2006.
In making her decision, Guadagno said Lewis bought a home for his mother in New Jersey in 2005 in Mount Laurel, and did not buy one for himself, also in Mount Laurel, until November 2007 — "at least eight days after the constitutional cut-off."
But Tambussi said Guadagno had her facts wrong.
"He purchased two condos in 2005, one for himself and one for his mother," he said. "He lived in one, his mother lived in the other, This evidence is highlighted in Lewis’ closing brief."
Property records indicate that two condominiums, both in Mount Laurel, were purchased in July 2005 — one by Lewis and one by a family trust. He bought another home in Medford in November 2007.
Nonetheless, Division of Elections spokesman Shawn Crisafulli said, "We stand by the facts presented in the opinion of the secretary of state."
Previous coverage:
• Guadagno is expected to decide whether Carl Lewis can run for state Senate
• The Auditor: Guadagno taking her time to decide on Lewis
• Lt. Gov. Guadagno waits to decide if Carl Lewis meets residency requirements to run for N.J. Senate
• Judge dismisses Republican attempt to block Senate ballot of Olympic gold medalist Carl Lewis
• Carl Lewis testifies at NJ residency challenge
• Republicans challenge N.J. Senate candidacy of Olympic gold medalist Carl Lewis
• Olympic gold medalist Carl Lewis announces plans to run for N.J. Senate
• Democrats in talks with Olympic gold medalist Carl Lewis for legislative run