HILLSDALE—Bergen County Clerk John Hogan ruled June 15 that councilman Zoltán Horváth’s mayoral bid as an Independent candidate on the November ballot is not allowed under the state’s Sore Loser Law that prohibits candidates that lose in the primary to run again as another party’s candidate in the November General Election.
Horváth’s candidacy as an Independent was challenged June 13 by three prominent Republicans: Hillsdale councilwoman Abby Lundy and Republican County Committee chair Jim Comville and vice chair Chris Scalia.
Horváth, whose second council term ends Dec. 31, has been campaigning against former councilman Republican Frank Pizzella and Democrat Michael Sheinfield, who both ran uncontested in the June 6 primaries.
Mayor John Ruocco, who often wins Horváth’s minority support on council, is running unopposed for a council seat — as is Republican newcomer Clemente Osso.
Following an unsuccessful write-in campaign where Horváth garnered 63 write-in votes for mayor on the Republican party line, he submitted a petition with about 176 signatures to run on the Independent ballot line.
It was unclear whether Horváth would continue with his candidacy as a write-in candidate in the Nov. 7 contest, as is allowed. He has not yet replied to our invitation to comment. He said on June 13, when the challenge was filed, that he would wait to hear the challenge’s outcome before going on the record.
The Bergen County Clerk’s decision landed after 2 p.m., Thursday, after our weekly print deadline.
‘Plan B’ not allowed
Hogan said in his response that “There is no question that Mr. Horváth’s intent was to seek the Republican nomination for mayor as a write-in, and if unsuccessful, to get on the November ballot as an Independent. Contrary to Mr. Horváth’s intent, N.J.S.A. 19:13-8.1 does not permit a Plan B.”
He said, “Based upon the facts presented, it is undisputed that these facts demonstrate that Mr. Horváth maintained a campaign for elected office launched by multiple documents by which Mr. Horváth described himself as a Republican primary candidate for nomination for Mayor in the June 6th primary election.”
Hogan, a Democrat, said evidence submitted included a website, campaign position statements, letters to the editor, social media postings, and lawn signs “identifying him as a write-in candidate while at the same time circulating a petition for direct nomination in the November General Election.”
Lundy quickly told Pascack Press, on receiving Hogan’s ruling via email, “I’m satisfied that the law was upheld.” She said with the facts speaking for themselves, she “would have been surprised” if the clerk had ruled in Horváth’s favor.
Prior ‘Sore Loser’ case
The state’s Sore Loser Law was upheld by a Superior Court judge in a similar situation in Colts Neck in 2022, when an unsuccessful primary write-in candidate filed to run as an Independent candidate in the General Election for the Township Committee.
The judge barred the candidate from running under a different party on the ballot. However, although not allowed on the ballot, the judge said the candidate could still run a campaign as an Independent write-in candidate for elected office.
The unsuccessful candidate had contended that not being allowed on the ballot put him at a significant disadvantage. The judge still ruled against him.