Despite its strong objections, the Hunterdon County Commissioner Board, at the December 3rd meeting, reluctantly approved joining sixteen other counties in settling the shared legal costs resulting from the Andy Kim versus First Lady Tammy Murphy primary election ballot litigation.
The federal court decision ended the ‘county line’ for the 2024 Democratic Primary election in June, requiring last minute ballot design changes to be made by all 21 County Clerks in New Jersey.
County Administrator Brad Myhre explained to the Board that the County Counsel has advised a failure to agree to a $32,500 settlement payment, the same as sixteen other counties, could result in further litigation and higher costs for damages to the County for the federal lawsuit brought by U.S. Senator-elect Kim.
Board Director Jeff Kuhl stated, “I am deeply disturbed that Hunterdon County taxpayers are on the hook for Andy Kim’s legal fees, especially when the County and our County Clerk Mary Melfi followed the law and did nothing wrong in forming the primary election ballot.
In his first act as our Senator-elect, Andy Kim has just burdened our taxpayers with new legal bills.”
Commissioner Shaun C. Van Doren added, “While Senator-elect Kim may hail the federal court decision to eliminate the ‘county-line’ as a win, the reality is that his litigation was about his own political fortunes and his quest to defeat First Lady Tammy Murphy in the Democratic primary.”
Van Doren noted, “Prior to running for the U.S. Senate, Mr. Kim was happy to be on the county line in his U.S. Congressional races. The senator-elect should save taxpayers the expense of his attorney's fees and campaign strategy and pay for those costs from his campaign account.”
Commissioner John Lanza echoed Mr. Van Doren sentiments adding, “I think it's an absolute disgrace that Hunterdon County taxpayers would be on the hook for one penny for Andy Kim’s legal fees, but we are confronted with a case in which there are court orders in place, and we have to be very clear eyed about money, because that is ultimately what we were all placed here to do is to manage taxpayers money appropriately.
The potential cost to vindicate our position in court would dwarf the proposed settlement amount. Thus, in the tug of war between the head and the heart, the head must prevail."
The Board approved the settlement on the recommendation of the County Administrator and County Counsel.
To date, two counties have not agreed to the settlement payment.
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