Mail-in ballots can be counted early – Politico

Good Wednesday morning!

Before polls closed on July 7, I knew Amy Kennedy was going to win the Democratic nomination in the 2nd District. I was far from the only person to know that. I had heard from a source who knew how the vote counting was going.

Boards of Elections are allowed to start counting votes on Election Day, but the results are supposed to be kept confidential until polls close at 8 p.m. Now, under a bill Gov. Murphy signed Friday, officials will be allowed to start counting mail-in ballots 10 days before this November’s election. The purpose is to get the votes counted ahead of the Nov. 20 deadline for certification.

This bill was so hastily amended and passed that several lawmakers and officials I talked to didn’t know the provision was in it. And an earlier proposal to allow early vote counting for the primary failed after both progressives and Republicans objected to it, arguing that partisan-staffed boards of elections would never keep results secret and that certain campaigns could get advantages if the info leaks to them.

There is at least one key difference here: The new law upgrades the penalty for leaking the information to a 3rd Degree crime, which is meant to act as a deterrent. And one progressive voting rights activist, Uyen Khuong, during a committee hearing last week said she’s changed her mind on early vote counting, arguing campaigns’ ground games are so set two weeks before the election that it won’t even factor into their decisions.

Still, if results can’t be kept secret for one day, how much faith should we have they’ll remain confidential for 10 days? Read more about it here.

WHERE’S MURPHY?: In Trenton for a 1 p.m. coronavirus briefing

HAPPY BIRTHDAY: NJBIZ’s Daniel Munoz

CORONAVIRUS TRACKER: 365 newly-diagnosed cases for a total of 192,290. Seven more deaths for a total of 14,170 (not counting 1,780 probable deaths)

QUOTE OF THE DAY: “I appeal to everyone in our state to consider why has it taken two years and seven months to pass a common sense, compassionate, just law? Could it be a structural bias entrenched in our state systems of government and criminal justice? Could it have something to do with the greed of investors, ‘insiders’ and others who seek to profit by forcing the recreational marijuana industry into New Jersey — the nation’s most densely populated state and most ill-suited to absorb the projected harm? Could it be a fear that somehow decriminalization would jeopardize the legalization referendum on November’s ballot?” — State Sen. Ronald Rice (D-Essex) in a statement about his long-stalled decriminalization bill. (Democratic leaders are pretty open about the last justification he mentions).

FEAR FACTOR — “Here are New Jersey election officials’ biggest fears, concerns leading up to Nov. 3,” by The Record’s Ashley Balcerzak, Terrence T. McDonald and Katie Sobko: “Election officials across New Jersey have many concerns about the upcoming general election, but their biggest fear: that voters won’t understand the mostly vote-by-mail process. All registered voters should receive ballots in the mail for the Nov. 3 general election, Gov. Phil Murphy announced in mid-August, and can submit their votes by mail, a secure drop box, or polling place. Instead of casting votes on traditional voting machines, if New Jerseyans visit a polling place on Election Day, they’ll be filling out a paper ballot. These changes, similar to what New Jersey implemented during its 2020 primary, are intended to prevent crowds and unsanitary conditions that could spread the coronavirus. The procedure will depend on an unprecedented number of mail-in ballots and a ‘Herculean’ amount of preparation, those organizing the election say, but making sure that everyone votes correctly and understands the changes is the most daunting obstacle for them.”

—“New Jerseyans on parole and probation can register to vote in November election”

REPORTERS DEVASTATED TO NOT HAVE TO SIT THROUGH HOURS OF ADVOCATES REPEATING POINTS — “N.J. unions, progressives to hold budget hearings in bid to get attention of Legislature,” by NJ Advance Media’s Samantha Marcus: “New Jersey’s progressive advocates will hold their own remote hearing this week on Gov. Phil Murphy’s $32 billion budget proposal, following an announcement that the Legislature will not hold traditional public budget hearings, but instead take written testimony. … The legislative budget committees last Wednesday put out a call for written public input on the budget through Sept. 11. The committees customarily hold a series of hours-long public hearings across the state for members of the public to weigh in on the spending proposal in person. The members of a coalition of progressive advocacy organizations and labor unions, called For The Many, announced Monday they will hold a hearing at 10 a.m. Thursday via Zoom and are inviting members of the public to testify remotely.”

KAREN’S LAW — “‘Race-based’ 911 calls now can be charged as bias crime in NJ, Murphy says,” by The Record’s Anthony Zurita: “False ‘race-based’ 911 calls can be charged as a bias crime after Gov. Phil Murphy signed the legislation into law on Monday. The bill is meant to criminalize the use of 911 to intimidate or harass people of color and others who may be discriminated against, Murphy said in a statement. ‘Using the threat of a 9-1-1 call or police report as an intimidation tactic against people of color is an unacceptable, abhorrent form of discrimination,’ Murphy said”

THE TOXIC AVENGER — “N.J. cracks down on polluters with 12 new lawsuits. Previous actions have won millions,” by NJ Advance Media’s Michael Sol Warren: “The Garden State took a dozen polluters in marginalized communities to court last week, continuing a multi-year effort that has already collected millions of dollars in fines. On Thursday, New Jersey Attorney General Gurbir Grewal and state Department of Environmental Protection Commissioner Catherine McCabe announced 12 new lawsuits aimed at bringing environmental justice to nine municipalities. There are cases in each of New Jersey’s three largest cities — Newark, Jersey City and Paterson — plus surrounding North Jersey communities. There are also a pair of cases in Cumberland County.”

WELCOME TO BUREAUCRATIC HELL — Undocumented immigrants in New Jersey can now qualify for occupational licenses, by POLITICO’s Matt Friedman: New Jersey Gov. Phil Murphy on Tuesday removed a barrier that can keep undocumented immigrants in the state from going into hundreds of professions. Murphy signed into law a bill, NJ S2455 (20R), that states “lawful presence in the United States shall not be required to obtain a professional or occupational license, provided that the applicant meets all other requirements for licensure.” The bill passed both houses of the state Legislature on July 30, largely along party lines. The move follows other laws passed over recent months and years that allow undocumented immigrants to qualify for drivers licenses, in-state college tuition and financial aid.

—Health experts want state to guarantee pandemic protections for essential workers

—“Pierre-Louis sworn in, becoming first black woman to sit on New Jersey’s high court”

—“N.J. towns, counties can now borrow to cover coronavirus costs, avoid big cuts to services”

—“NJ gyms reopen to new normal: masks, temperature checks and social distancing”

—“Are you ready to dine indoors? North Jersey restaurant goers are divided”

—Alaska, Montana return to tri-state travel advisory

EIGHTIES, I’M LIVING IN THE EIGHTIES — What’s in a name? A lot, apparently, in one key New Jersey congressional race, by Matt: A major theme in one of the most competitive congressional races in the country this year involves two letters and a punctuation mark. The Republican candidate in New Jersey’s 7th Congressional District is Tom Kean, which is how he’s identified on all of his campaign material and television ads. But to Democratic Rep. Tom Malinowski, whom Kean is challenging, the opponent is Tom Kean “Jr.“ Or when Malinowski’s allies want to rub it in, “Tom Kean JUNIOR.” The battle over the name is all about Kean’s father — and President Donald Trump. Tom Kean Sr. served as New Jersey governor from 1982 to 1990 and is widely regarded as the most popular statewide elected official in the modern era. Trump, even though he spends a considerable amount of time at his Bedminster golf club in the heart of the 7th District, turned off the district’s wealthy, well-educated and mostly suburban voters so much in 2018 that he made Malinowski’s election possible.

HMMM WHAT IS IT ABOUT BOOKER? — “Trump keeps claiming Biden will bring crime to the suburbs and Cory Booker will lead the way,” by NJ Advance Media’s Jonathan Salant: “It’s no accident that Trump is assigning Booker a prominent role in a future Biden administration, said Ashley Koning, assistant research professor at Rutgers University’s Eagleton Institute of Politics and the director of the institute’s Center for Public Interest Polling. ‘There’s quite a racial code and a dog whistle to connect housing policy to non-white individuals and what it could mean to safety and security,’ Koning said. ‘The Trump campaign seems to be making a play for the suburbs by inciting fear and a threat to the security of the suburbs.’”

—“Why Trump can’t shake his strange claim about Cory Booker”

—@ZachBraff: “Cory Booker came to my father’s hospital bedside and held his hand. They spoke for an hour in soft voices because my father was very weak and dying. Cory is one of the kindest men I’ve ever met. We should all be so lucky to have a man like him in our neighborhood.”

UNDOCUMENTED — Malinowski pleads down charge of driving with a suspended license, pays fine, by Matt: Rep. Tom Malinowski was charged with driving with a suspended license last month, but on Tuesday agreed to a $150 fine for “failure to provide documents,” according to his lawyer. Malinowski’s attorney, Scott Salmon, said the congressman was cited for “delaying traffic” in Raritan in December and thought he had paid the ticket, but did not. Salmon said Malinowski’s license was automatically suspended when he did not pay or show up in court. He believes Malinowski didn’t receive a letter about the notification of suspension because he was in the process of moving. Salmon said that shortly after the Aug. 1 traffic stop, Malinowski paid the original fine. A prosecutor on Tuesday agreed to reduce the suspended license charge to failure to provide documents — a $150 fine.

—Snowflack: “Malinowski attempts to ‘Kind of Cover it All’ in Virtual Town Hall”

—“Judge sets September 11 as hearing date for Singh recount”

THIS COULD HAVE BEEN AVOIDED FOR 0.58 MASTROS OR 0.15 MCKINSEYS — “N.J. school district lays off 240 employees, citing financial impact of coronavirus,” by The Asbury Park Press’ Anthony G. Attrino: “The Toms River Regional School District — facing millions in state funding shortfalls — on Monday night voted unanimously to lay off 240 employees. The staffers, who are non-instructional, will include 90 bus drivers, 70 cafeteria and playground aides, 50 cafeteria workers, 25 bus attendants and five mechanics, according to the resolution approved during a school board meeting … Healy blamed the financial impact of coronavirus and the loss of $5.2 million in state aid, as well as continued annual cuts in funding from the state.”

RENAME THE LANDMARK ‘TRUMP FALLS’ AND HE WILL PRAISE PATERSON — “Trump, in campaign against mail-in voting, targets Paterson. Is it a fair example?” by The Record’s Terrence T. McDonald: “Trump’s targeting of Paterson irks everyone from Murphy to Paterson Mayor Andre Sayegh to election law attorney Scott Salmon. Salmon represents the potentially ousted Paterson councilman who alleges that his loss was the result of election shenanigans. The president said Aug. 18 that universal mail-in elections lead to ballots ‘sent to people that are dead, sent to dogs, cats, sent to everyone.’ There was absolutely voter fraud in Paterson, Salmon said, but that doesn’t illustrate a problem with mail-in voting in general. ‘There are a lot of holes or gaps in the system; there are problems that need to be fixed,’ he said. ‘This is by and large not really one of them. I don’t think it should be used as a weapon for someone to tarnish mail-in voting.’”

—“Three Paterson candidates failed to submit election reports on time”

0.01 MASTROS — “With child sex abuse suits pending, district paid superintendent $90K to stay home,” by The Asbury Park Press’ Alex N. Gecan: “With two child sex abuse lawsuits pending against him, then-School Superintendent Frank Vanalesti was paid more than $90,000 not to work during his last six months on the job, school district records show. Vanalesti spent his last half-year on the district’s payroll on a paid medical leave of absence, which the Board of Education approved the same day in January it accepted his July 1 retirement. In separate lawsuits filed in federal court last year, two women have accused Vanalesti of molesting them when they were children. One of the plaintiffs was a pupil of the Ocean Gate School at the time of the alleged abuse. The other woman was the daughter of a woman Vanalesti was living with at the time of the alleged abuse.”

—“Lakewood public school teachers return to work. But will they be on the job Friday?”

—“NJ private schools are reopening as usual. Here’s how they’re doing it without the angst”

—“Paramus rejects in-person instruction just days before start of school”

—“As Paterson schools prepare to restart, 78% of staff show up for work amid COVID dispute”

—“New Milford sees spike in COVID-19 cases and cancels fall recreation sports”

—“Trenton council to hear 5G proposals after falling for coronavirus hoax months ago”

—“Thousands returning to work in Atlantic City casinos with indoor dining back on tap”

—“Sentencing postponed a 6th time for former [Atlantic City] mayor convicted of federal crime”

AF-WHACK! — “NJ businesses want coverage for millions in COVID losses. Insurers say read the fine print,” by The Record’s Tom Nobile: “Businesses across New Jersey that shuttered during the lockdown are taking their insurance companies to court, arguing that their financial losses should be covered through ‘business interruption insurance,’ a common proviso in commercial insurance policies that provides replacement for income lost in a disaster… The industry points to specific language in the policies that only trigger coverage for ‘direct physical damage’ to a business. Forcing insurers to pay out on claims they never intended to cover, defendants have argued in court, would cost hundreds of billions and wreak havoc on the insurance industry. No one is sure which side the courts will favor, as the lawsuits pile up from hairdressers, restaurants, doctor’s offices and event halls. Both sides, however, are in agreement that the situation is unprecedented.”

OG KUSHNER — “Kushner sues developer over dead Long Branch lower Broadway deal,” by The Asbury Park Press’ Dan Radel: “Kushner Cos. is suing the owner of dozens of lower Broadway properties for wrongful termination of a sales contract, according to a complaint filed in Monmouth County Superior Court. Kushner Cos. claims the properties’ owner Long Branch Partners did not fulfill its end of the contractual obligations and intended to walk away from the deal. In doing so, Kushner Cos. alleges Long Branch Partners wants to seize its $750,000 down payment and turn around and sell the properties to a third party. The New York-based real estate group also claims Long Branch Partners ‘postured,’ as if Kushner was in breach of contract.”

BORN IN WHAT USED TO BE THE USA — “Is the coming storm a new Bruce Springsteen and the E Street Band album?” by The Asbury Park Press’ Chris Jordan: “A very big storm is coming. That’s the word from music producer Ron Aniello, who’s been working on Bruce Springsteen albums since the 2012 No. 1 hit ‘Wrecking Ball.’ Aniello’s storm appeared in an Instagram Story video on his account with the cryptic title ‘It’s coming…’ on Aug. 21. Could a new Springsteen and the E Street Band album be coming? Team Springsteen is mum on the subject, but there certainly are signs something big is about to happen.”

—“Former Rowan student charged in killing was held at gunpoint by cops on campus in 2018 incident”

—“NJ liquor stores, wholesalers to pay millions in record-setting penalties”