TRENTON — Carl Lewis’ quest to run for state Senate as a Democrat continued in federal court today, with a second hearing on whether Lewis will be on the ballot this November. Exactly one week after ruling 2-1 in the former Olympic track and field star’s favor, a three judge federal appeals panel vacated that decision and granted Republicans’...
TRENTON — Carl Lewis’ quest to run for state Senate as a Democrat continued in federal court today, with a second hearing on whether Lewis will be on the ballot this November.
Exactly one week after ruling 2-1 in the former Olympic track and field star’s favor, a three judge federal appeals panel vacated that decision and granted Republicans’ request to rehear the case – a rare move, according to Lewis attorney Bill Tambussi.
Last week, their questioning was most pointed at the state and Republicans. Today, it was particularly tough on Tambussi.
Throughout the case, there has been one central factor nagging at Lewis: Although he bought his first home in New Jersey in 2005, he voted in a California election in 2009.
“Mr. Lewis voted two years, in 2008 and 2009, in California, so he was presumably domiciled there,” said Judge Thomas Ambro. “You cannot be domiciled in New Jersey until you cease being domiciled in California, and that happened at this point well after May of 2009.”
Tambussi argued that the vote was only a “rebuttable presumption of domicile” and said they had never had the chance to fully develop a record on Lewis’ residency in prior court proceedings.
“Voting in California by absentee ballot is one factor to consider. It’s not a dispositive factor,” he said.
Lewis grew up in Willingboro but moved to Texas for college and eventually settled in California. He bought two homes in New Jersey in 2005 – one for himself and one for his mother – and a new home for himself in Medford in 2007.
Shortly after he declared his state Senate candidacy, Republicans challenged his residency. Although their challenge was first dismissed by an administrative law judge, Lt. Gov. Kim Guadagno, in her dual role as secretary of state, overruled him and kicked Lewis off the ballot. A state appeals court and federal district court judge have both upheld her decision.
“It looks like the best that can be said is starting in 2005 there was a process begun that ultimately resulted in Mr. Lewis becoming a resident of New Jersey,” said Ambro. “When did citizenship in New Jersey actually start, I’m not sure when that began.”
New Jersey Assistant Attorney General Donna Kelly said Lewis did not meet the requirement, and noted he could have run for other offices that didn’t require living in-state for four years. She noted he will meet the requirement by the next state Senate election in 2013.
“It’s not a permanent bar for his quest to run for state senate,” she said.
Lewis' case has had its share of legal twists and turns, and today's was no exception. Don Robinson, an attorney who has argued extensively before the Third Circuit, could not recall an instance where they reheard a case with the same panel of judges.
“In my experience of 50 years, unprecedented,” he said. “Usually when there’s a rehearing it’s by the full court.”