Geoghegan Seeks Ouster Of GOP Opponent In Toms River Council Primary

TOMS RIVER, NJ — Kevin Geoghegan, the former Toms River councilman who is seeking election to the Ward 2 seat, has filed a complaint asking a Superior Court judge to remove William Byrne from the Republican primary for the seat.

Geoghegan filed the complaint in Ocean County Superior Court on April 12. In it he alleges Byrne, 82, had been a lifelong member of the Democratic Party and did not file the request to change political parties to Republican before the deadline.

A hearing on Geoghegan's request is set for April 29 before Judge Craig T. Wellerson, though Geoghegan has asked for the hearing to be held sooner as the deadline for printing vote-by-mail ballots is April 29.

Geoghegan, 58, and Byrne are seeking the Republican nomination to fill the final year of the council seat that had been held by Daniel Rodrick before Rodrick was elected mayor. Byrne is Rodrick's choice to succeed him and the mayor signed Byrne's candidate petition as the person who circulated it.

Byrne had been a registered Democrat for 20 years and only filed the paperwork to switch parties on March 8, Geoghegan said. But under state law, Byrne's switch does not take effect until May 4, he said.

"Byrne was not a full-fledged Republican when he filed to run for council in the primary at the deadline on March 25," Geoghegan said.

In addition, Geoghegan said Byrne failed to declare himself a Republican on his petition to run for office, citing the lack of a party declaration on the oath of allegiance section of the petition, which was left blank.

Byrne’s petition was notarized by Councilwoman Lynn O’Toole, which Geoghegan alleges is not permitted under the law because as a sitting councilwoman, O'Toole has a conflict of interest.

Under state law, notaries are prohibited from certifying documents "to which they are a party," Geoghegan said. "As a councilwoman, O’Toole has a personal interest in Byrne’s candidacy."

Geoghegan also asks the court to order Ocean County Clerk Scott Colabella to design the Republican ballot in "Office Block" fashion and not in the county line design.

A federal judge recently ordered county clerks across New Jersey to move to the "office block" design for the Democratic primaries in response to a challenge filed by U.S. Rep. Andy Kim, who is seeking the Democratic nomination to the U.S. Senate seat held by indicted senator Robert Menendez.

Kim argued the party line ballot was unconstitutional, and U.S. District Judge Zahid Quraishi agreed in a March 29 ruling granting emergency injunctive relief. Quraishi said his ruling only applied to the Democratic primary as that was the issue presented to him.

"Mr. Byrne is not truly a Republican and the ballot should not perpetuate his fraud," Geoghegan said. "Mr. Byrne should have filed to run in the Democrat Party. That is his ideological home."