BY TOM CAIAZZA
Staff Writer
MATAWAN – One week after Democratic Borough Council candidate Robert Bunyon withdrew from the race, Monmouth County Democratic Chairman Victor Scudiery filed an endorsement of Michael Cannon to fill the vacant spot on the ballot.
Cannon, a former Republican councilman, moved out of the borough for a time period of more than eight months after resigning from the council in July of 2005 for health reasons. The move has thrown his eligibility for office into question because state law requires a residency of at least one year to be elected to public office.
Monmouth County Clerk M. Claire French said that the New Jersey Superior Court would have to hear a show cause order to include Cannon on the ballot and that must be done by the Sept. 20 deadline.
The letter, filed with Monmouth County Clerk of Elections Bertha Sumick by Scudiery, argues that Cannon’s history as a councilman and his longtime residency, the last eight months excluded, more than trump the residency requirement set forth by the state.
French said that while the residency requirement has been challenged a few times in the past, it has never been successfully challenged in Monmouth County. Until the court says otherwise, she said she will uphold the residency rule.
“We will take no position other than at this point the rules are the rules,” French said. “If the courts change it we will abide by it.”
Matawan Democratic Chairwoman MaryRose Malley said that she could not comment on the legality of Cannon’s candidacy but that she would wait and see if the former Republican will find his way onto the Democratic ticket.
As for whether he will serve the party, Malley is convinced he will.
“Mike Cannon is a shining star in this town,” Malley said, “and he and Bud Mullaney are a very, very strong team. We know he has his heart in the right place and will serve the Democratic Party well.”
Paul Buccellato, a Republican councilman and chair of the Matawan Republican Committee, said that the law should be followed.
“I’m not an attorney but that law is clear regarding the residency issue,” Buccellato said. “It’s in the hands of the courts.”
Buccellato also said that in 1999, Councilman Harrison Flaker resigned because his residency came into question.
Cannon said that his decision to run was based on his return to good health and that he missed Matawan while living in Aberdeen. His move to the Democratic Party is a chance to legislate on things he said had not been on the Republican agenda.
“I like the vision of the Democrats more than the vision of the Republicans that I belonged to,” Cannon said.
He said that while watching the first eight months of the Democratically held administration, he thought they had been very successful.
“There is a lot more work to be done and I do see progress,” Cannon said. “I am hoping that I can be a part of the progress and the working that needs to be done.”
As for his eligibility, he has no official comment.
“Until a decision is made whether I am eligible or not, we’re all in limbo, so I have no comment,” Cannon said.
French said that in cases that are time-sensitive, the Superior Court will often make a ruling quickly. She expects it to come in time for the Sept. 20 deadline.
Malley said that if the courts do not rule in their favor then she will see if Bunyon will consider getting back in the race, but other than that, she has no alternate candidates in mind.
Cannon is just looking for a chance to run again.
“If things go my way, I look forward to making a comeback,” Cannon said.