Carmelo Garcia Not Eligible to Run for State Assembly

according to a ruling by a Hudson County Assignment Judge on Friday afternoon. 

Garcia was picked by State Senator and Union City Mayor Brian Stack to run for the office of 33rd District Assemblyman on the Hudson County Democratic Organization line. Ruben Ramos Jr., the current assemblyman who will not seek re-election because he's running for mayor of Hoboken, endorsed Garcia and the rest of the ticket.

Shortly after the announcement, five Hobokenites challenged Garcia's candidacy.

Previously, Garcia said he was eligible to run under an amendment to the Hatch Act. In a previous interview, he said that, because his salary isn't completely funded by federal funds, he could run for public office.

Bariso diasagreed.

Judge Peter Bariso, on Friday, ruled that "Garcia is ineligible to run for that office due his simultaneous service on the federally-funded Hoboken Housing Authority," according to Flavio Komuves, the plaintiffs' lawyer.

Garcia currently serves on the Hoboken School Board. He was re-elected in 2011. He was planning to step down from that post if elected as assemblyman.

Bariso also ruled that ballots for the June primary — which is scheduled for June 4 — are not allowed to have Garcia's name on it.

Garcia — together with his attorney Rajiv Parik — will be appealing the decision.

According to a statement from Parik, Garcia "did his due dilligence to believe in his eligibility and our democracy as a candidate."

According to Kumoves, Bariso ruled that "Garcia’s name cannot be replaced on the ballot, which will leave voters with a choice of five candidates, instead of six, for the Democratic Party nomination for General Assembly."