The hearing scheduled before Superior Court Assignment Judge Peter Bariso on the voters’ lawsuit challenging the eligibility of Carmelo Garcia to run for General Assembly in LD 33, originally scheduled for 10 a.m. tomorrow, has been moved to Friday at 2 p.m.
The change in time follows an unsuccessful attempt by Garcia to have a federal, rather than a state judge, decide the issues in the case.
Late this afternoon, U.S. District Judge Claire C. Cecchi issued a 6-page opinion remanding the case back to Judge Bariso. In granting the remand, Judge Cecchi wrote that “it would be more efficient for Judge Bariso to continue with the resolution of this matter” since Judge Bariso has already begun considering the issues involved and had previously issued an order stopping the printing of ballots.
The lawsuit claims that Garcia is ineligible to run for the state legislature because he simultaneously serves as the executive director of the Hoboken Housing Authority, an agency that receives over $10 million annually in federal grants.