TRENTON — A federal judge has upheld Lt. Gov. Kim Guadagno’s decision to kick Olympic track and field star Carl Lewis off the ballot for state Senate. U.S. District Court Judge Noel Hillman, who first heard the case in April, this morning ruled that state constitution’s four-year residency requirement for state Senate candidates is not unconstitutional when applied to...
Clik here to view.
Carl Lewis is followed by an aide, Matt Zinader, as he goes door-to-door meeting residents in Mount Holly in August. A federal judge has upheld Lt. Gov. Kim Guadagno’s decision to kick Lewis off the ballot for state Senate.TRENTON — A federal judge has upheld Lt. Gov. Kim Guadagno’s decision to kick Olympic track and field star Carl Lewis off the ballot for state Senate.
U.S. District Court Judge Noel Hillman, who first heard the case in April, this morning ruled that state constitution’s four-year residency requirement for state Senate candidates is not unconstitutional when applied to Lewis’s case.
“The durational residency requirement applies to all, regardless of economic status, race, creed, color, age, gender, and political affiliation,” wrote Hillman in his 30-page decision. “And it applies, has been applied, and ought to be applied, equally to the famous and the obscure, to the overachiever and the pedestrian, to the athletically gifted and the passive observer”
Lewis, who wants to challenge state Sen. Dawn Marie Addiego (R-Burlington) in the Republican-leaning 8th District, is expected to appeal Hillman’s decision.
Lewis announced his run for office in April but was immediately challenged by Republicans, who said he did not meet the requirement. An administrative law judge ruled he should stay on the ballot, but was was overturned by Guadagno, a Republican who oversees elections in her dual role of secretary of state, in part because Lewis voted in California as recently as 2009.
Lewis appealed Guadagno's decision in state and federal court, saying the residency requirement violates the federal Constitution. State courts refused to take the case, and Hillman initially ruled against Lewis in April.
A federal appeals panel, however, returned the case to Hillman, asking him to rule on whether the residency requirement specifically violated Lewis’ constitutional rights. The panel also ordered "the ballots at issue in this appeal include the name of Appellant."
Lewis’s name appeared on the Democratic primary ballot unopposed, but Guadagno said the appeals court order only applied to the primary, and refused to certify him as a general election candidate.
Lewis, who grew up in Willingboro but recently lived in Los Angeles, also argued that he met the state’s four-year residency requirement, noting he bought two homes in the state in 2005 – one for himself and one for his mother – and has had a driver’s license here since 2006.
Related coverage:
• Judge won't let Carl Lewis' attorney question Lt. Gov. Guadagno about refusal to certify candidacy
• Judge won't overturn Lt. Gov. Guadagno's refusal to certify Carl Lewis as N.J. Senate candidate
• Editorial: Carl Lewis will be back at the finish — on the ballot
