By Vic Monaco, Managing Editor
HIGHTSTOWN – Contrary to the earlier belief and desire of the man trying to have Mayor Bob Patten ousted from office, a recall election cannot be held this year, Borough Clerk/Administrator Candace Gallagher pointed out this week.
While there is a state statute that allows a special election 55 days after a general election, there is another that precludes such an election from being held until 55 days after the fifth business day following her certification of a valid petition.
Such a certifiable petition would need to have about 633 signatures of local voters. And activist J.P. Gibbons said last week that he had about 500 signatures and didn’t expect to have enough names until at least the end of the month.
Once Ms. Gallagher receives the signed petition, she has 10 business days to certify it and Mayor Patten has another 10 business days to challenge it in Superior Court.
”There is no possible way, even if J.P. had already filed his petition, that the election could take place before the end of the year,” Ms. Gallagher said.
If Ms. Gallagher were to certify the petition, with the required number of signatures, by mid-December, and Mayor Patten did not challenge it, the recall election couldn’t be held until mid-February.
Mr. Gibbons, of North Main Street, said last week that he hoped to have the recall election held before the end of the year, before the mayor could benefit from the recent election of fellow Republican Mike Theokas to the all-Democratic Borough Council.
He acknowledged in a letter to the editor this week (see Page 6A) that he was mistaken about the potential timing.
”I confused the special election restriction with the post-certification period,” he wrote. “Sorry for the confusion.”
Mr. Gibbons announced his intention to seek a recall in July, saying Mr. Patten is “divisive” and that his exclusionary tactics have hurt the borough’s economy and reputation.
His unsigned petition was certified by Ms. Gallagher on Aug. 21, and his committee has 160 days from that date, or until Jan. 28, to obtain the signatures of 25 percent of the number of registered voters in the 2007 general election.
Mayor Patten has said there is no justification for the recall effort.

