Posted: 06/11/14, 9:10 PM EDT|


— Opponents of Ed Forchion had better learn the difference between faxing and filing, at least according to the pro-pot activist.

According to the activist and perpetual candidate who has run on multiple occasions and for a variety of seats, Forchion, also known as NJWEEDMAN, is running for Congress in the state’s third district.

Forchion is currently battling the Democratic State Committee who is seeking to have him thrown off the ballot for November’s election.

In a fax sent to The Trentonian on Wednesday, the Forchion explained that the Democratic State Committee attempted to bring a statutory challenge as to the validity of his nominating petition. He said in his letter to Lt. Governor Kim Guadagno that the challenge brought by the Democratic Committee was not received by the Lt. Governor’s office until after 4 p.m. on Monday, and further states that the document was not hand delivered and “file date and time stamped” before 5 p.m. The document said that it [The Democratic State Committee’s challenge] would indicate June 10, 2014, if any date at all,” missing the challenge deadline.

Forchion asks that the statutory challenge be dismissed. His letter to Guadagno states that “‘Faxing’ and ‘filing’ are not the same thing under Title 19 [of the New Jersey Statutes Annotated].” Forchion’s letter said that the attempted challenge is untimely as a matter of law and must be dismissed with prejudice.

The deadline for filing nominating petitions for those not part of either the Democrat and Republican parties (which are statutorily recognized parties) was June 3, the document read.

Forchion’s letter said that he is aware of once instance this year [2014] where a petition for a candidate seeking to run for the House of Representatives was dated, time stamped and filed before 4 p.m. on June 3, but was not accepted as complying with the law. Though under the circumstances that petition not being accepted was proper according to the letter. The issue, the letter said, was that the challenge required “timely filing” and not “timely faxing.” The letter contends that faxed challenges do not comply with the law, which requires filing. Further the letter states, with regard to the timely filing before the deadline, that “The Democratic State Committee and their attorney have not done so.”

The letter said that “faxing” before the deadline does not comply with the statute. Forchion said that, “at best the Democratic State Committee can only demonstrate faxing by the statutory deadline, and as filing and faxing are not and can not [sic] be synonymous in the circumstances here ... the Democratic State Committee’s attempted challenge is procedurally deficient ... and must be dismissed with prejudice.”

The Associated Press reported that Forchion said it [the challenge] shows the rising tide of pro-pot voters could siphon off votes from Democrat Aimee Belgard in her run against Republican Tom MacArthur for an open seat. Forchion told the AP Wednesday “I’m a bigger name than their candidate.”

“No,” Democratic State Committee spokesman Matt Farrauto told the AP after being asked if Forchion is seen as a threat. “If you don’t meet the statutory requirements, you’re subject to a challenge.”

Forchion told the Associated Press 109 of the 208 signatures he submitted were invalidated, leaving him one shy of the required 100.

Farrauto said Forchion is also being challenged because he registered just last month to vote in California.

Forchion told The Trentonian that he is able to vote in both places

The Associated Press reported that the decision is up to Lt. Gov. and Secretary of State Kim Guadagno to decide if Forchion can run.

Forchion, who currently splits his time between Browns Mills and Sicklerville, was released from jail in January after serving 130 days for marijuana possession.

— The Associated Press contributed to this report.