Murphy Sued Over ‘Conspiracy' To Oust Election Watchdog

By Christian Wade | The Center Square contributor, The Center Square New Jersey

March 21, 2023

(The Center Square) — New Jersey’s election watchdog has filed a lawsuit against Gov. Phil Murphy, alleging he and his top aides are trying to force him out of the post.

In the lawsuit, Jeffrey Brindle, executive director of the state Election Law Enforcement Commission, alleges Murphy and his aides are part of a conspiracy to force him out using "coercive and extorting threats" in addition to exerting "illegal pressure and interference" in the commission's work.

Brindle's lawyers wrote in the complaint that he has been "subjected to anxiety and uncertainty in the continued occupancy of his office, and whether he will be arbitrarily removed from his source of livelihood and subject to public stigmatization."

The lawsuit specifically names Murphy, his chief of staff, George Helmy, Chief Counsel Parimal Garg and Chief Ethics Officer Dominic Rota.

Brindle claims the demand from Murphy to step down came after he published an article satirizing the influence of 'dark money' on the state's political process. In the complaint, Brindle alleges he was summoned by Murphy's aides who demanded he resign over alleged claims that he previously made an "anti-gay comment" in an email.

During the meeting, the aides allegedly handed Brindle a pre-typed resignation letter addressed to Murphy and told him to sign it, but his lawyers said he refused to do so.

"Brindle understood this to be a threat that the alleged email would be disclosed publicly if he refused the demand to resign," his lawyers wrote. "The statement was, in fact, an attempt to extort by force or coercion Brindle's resignation."

The complaint alleges the aides reached out to members of the ELEC board, telling them they wanted Brindle to be fired because of the alleged anti-gay statements. That violated state law, the plaintiffs allege, because they represented a "direct form of interference" in the independent board.

Brindle, who has led the agency since 2009, said following the incident the state Attorney General’s Office opened an "investigation" into the alleged email and demanded he take part in discrimination training, which he refused to do.

"Brindle refused to participate in the ‘investigation’ because the Attorney General has no disciplinary authority over ELEC and its officers and the ‘investigation’ would have compromised the independence of ELEC," his lawyers wrote in the complaint.

Murphy's office declined to comment on the lawsuit.

The legal challenge comes as New Jersey lawmakers advance a proposal that would overhaul New Jersey’s campaign finance system.

The Elections Transparency Act, which cleared the Senate's Budget and Appropriations Committee on Friday, calls for increasing political contribution limits, curbing pay-to-play laws, setting a two-year statute of limitations on ELEC's authority to act on alleged violations and allowing the governor to make unilateral appointments to the board.

Brindle's lawsuit alleges Murphy is orchestrating efforts to gut the commission's authority by pushing the changes through the Legislature, which he claims would result in the removal of himself and several other commissioners.

His lawyers wrote that the proposal "demonstrates the continuing pattern and intent of the governor and his staff" to oust Brindle and other members of the ELEC board "for their refusal to follow the governor's demand" to fire him.

The focus of the work of The Center Square New Jersey is state and local-level government and economic reporting that approaches stories with a taxpayer sensibility.