Cresitello appeals mayoral ballot disqualification, says voters should decide if he really lives in Morristown

Former Morristown Mayor Donald Cresitello, pictured at 2012 event at Morristown High School. Photo by Kevin Coughlin
Former Morristown Mayor Donald Cresitello, pictured at 2012 event at Morristown High School. Photo by Kevin Coughlin
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Calling himself an “iconic Morristown figure who has maintained inexorably binding ties to the municipality,” former Mayor Donald Cresitello is asking a judge to let voters decide whether he still lives in town and deserves another crack at the office.

“The voters of Morristown, not the Morris County Democratic Committee or a ministerial body should be able to decide the fate of Don Cresitello’s candidacy for Mayor,” contends an appeal filed on his behalf this week in Superior Court by Florham Park attorney Alan Zakin.

Cresitello has lived and voted in Manasquan since 2015 and therefore can’t appear on the November ballot in Morristown as an Independent challenging three-term Democratic incumbent Tim Dougherty, Morris County Clerk Ann Grossi ruled last week.

The 75-year-old Cresitello, whose 32 years as an elected Morristown official included two separate stints as mayor — and a 2009 primary defeat by Dougherty–is asking Assignment Judge Stuart Minkowitz to overturn Grossi’s decision. The clerk ruled in response to a residency challenge from the county Democratic organization.

That committee and Morristown town Clerk Margot Kaye are named as defendants, along with Grossi, in Cresitello’s civil suit.

“He has every right to appeal, but it remains our position that he doesn’t reside in Morristown,” said county Democratic Chairman Chip Robinson.

“We all have to follow the rules and the process,” Dougherty said.

Zakin’s legal argument cites case law suggesting New Jersey courts have construed residency liberally for election purposes, to avoid disenfranchising candidates and voters who support them.

Cresitello registered to vote in Manasquan–and ran for office there–because he owns a Shore home damaged by Superstorm Sandy and he was angered by local officials’ response, his lawsuit asserts.

After voting there by provisional ballot last October, he switched his voting residence to Morristown in November, one year ahead of the 2021 general election as legally required for his candidacy here, the appeal states.

Cresitello’s motivation for the switch: To “bring integrity back to Morristown” after the “unprecedented scandal”  of a state bribery charge against Dougherty’s wife. (She received a year’s probation after pleading to a lesser offense this spring.)

No Republicans are challenging Mayor Dougherty’s bid for a fourth term.

Cresitello contends a string of recent Morristown rental addresses, EZ Pass and restaurant receipts, overnights in his contractor business office, and a 65-year history here prove that Morristown is his intended domicile.

Grossi’s ruling ignores Cresitello’s “lifetime of living in and contributing to the
fabric of Morristown society,” Zakin asserts in a letter to the judge.

“He sleeps on average five days a week in Morristown, NJ – whether in his office, a friend’s home or an apartment that he has leased,” and he is “actively seeking a permanent residence for him and his family…”

Assorted receipts and real estate records “are indica of Mr. Cresitello’s heart, sole, passion, fingerprints and shoe leather — providing proof of domicile. These examples represent Donald Cresitello’s life’s blood that flows though Morristown… (and) provide undisputable objective evidence that the vast majority of Mr. Cresitello’s time is spent living, working and sleeping in Morristown” in conformance with state election rules, the letter continues.

Cresitello’s lawsuit indicates he intends to run on a slate with three council candidates. Previously, he announced he was running with former Council President Michelle Dupree Harris.

Verilli’s bakery owner Kristi Dimogerodakis, whose petition as a Democrat was rejected in April over discrepancies, and John Thomas Jr., also have filed to run as Independents.

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9 COMMENTS

  1. Bring it on, Dougherty’s too comfortable, and why more people don’t see his wife’s criminal activity as a problem, I’ll never know.

  2. The level of commentary on this thread has strayed from the issue, an important one for the town.

    Personal attacks on those who comment don’t shed any light on issues.

  3. Regarding a previous comment, from John Fugger, the John Fugger I remember was the secretary of the zoning board who decided to stop taking the minutes and removed them from the agenda, hoping no one would notice. No one did notice for a long time.

  4. Is he just a homeless 70+ man driving around New Jersey looking for attention?? Donald don’t try to be like Donald Trump. Retire and enjoy your life !!

  5. He claims to have plans to rent of purchase a home in Town, in the near future. If that proves true 4 years from now , he would be eligible to run then.

  6. “overnights in his contractor business office?” Does he have a certificate of habitability?

  7. He can run next time. He clearly does not reside in Morristown right now. He should have thought about that

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