Here’s Why Ciattarelli Hasn’t Sued Sherrill For Defamation In NJ Governor Race – Yet

If Jack Ciattarelli uses his own money to sue Mikie Sherrill for defamation, will it count as an official “expenditure” towards his governor campaign? That’s the question that is holding up a potential defamation lawsuit against his opponent as the countdown to Election Day continues in New Jersey.

In a surprise twist at the final gubernatorial debate, Sherrill went on the offensive against Ciattarelli, accusing him of misleading people about the dangers of opioid drug abuse when he served as owner of a publishing firm.

“I think you’re trying to divert from the fact that you killed tens of thousands of people by printing your misinformation, your propaganda, and then getting paid to develop an app so that people could more easily get the opioids once they were addicted,” Sherrill said.

The accusation got an indignant reply from Ciattarelli, who called the Democrat’s allegations a “lie” in remarks to reporters after the debate.

Ciattarelli later said he intends to sue Sherrill for defamation.

>> Read More: 'Opioid Jack': Sherrill Doubles Down On Accusations Against Ciattarelli

A campaign spokesperson for Ciattarelli told Patch that the former state assemblyman took a preliminary step towards suing Sherrill last week: getting some key information from the New Jersey Election Law Enforcement Commission (NJELEC) about campaign financing laws.

New Jersey was the first state in the nation to provide public funds to candidates for governor. Here’s the deal, according to the commission’s website:

“In the 2025 election, candidates must raise at least $580,000 from private contributors to receive public dollars. Donors can give up to $5,800 to both the primary and general elections. Candidates are eligible for up to $2 for every $1 they raise from private sources. This ensures that most of their funds will come from the public, not special interests. Qualifying candidates in the 2025 primary election will be eligible for up to $5.5 million in public funds. Eligible candidates in the 2025 general election can receive up to $12.5 million in public funds.”

Since the program began, 38 Republican candidates have received $92 million, 38 Democrats have obtained $72.3 million, and three independents have been awarded $2.1 million.

This bounty of cash has raised a big question from the Ciattarelli campaign: would a lawsuit reduce the amount of public funding he gets?

According to Ciattarelli’s campaign, the answer should be “no.” They laid out their reasoning in an Oct. 15 letter to the NJELEC:

“A participating candidate for governor is prohibited from spending more than $25,000 of his own funds ‘in aid of his campaign.’ Litigation against Sherrill is certain to cost more than $25,000 … It is Ciattarelli’s position that spending more than $25,000 of his own funds to sue Sherrill for defamation is not an expenditure ‘in aid of his campaign.’ It is a personal matter outside of the campaign context. Indeed, there is no question that outside of the gubernatorial public financing context, a candidate can spend their own funds to address personal, reputational issues without it constituting a contribution to their campaign. Here, Ciattarelli seeks to vindicate his reputation and hold his defamer liable. The defamer in this instance just happens to be the opposing gubernatorial candidate, Sherrill.”

Ciattarelli’s campaign team is arguing that he shouldn’t be forced to make a choice between “being handcuffed and forced to sit idly by” as he is defamed, or spending valuable election funds simply to protect his reputation – which would be an infringement on his First Amendment rights.

“[Jack] Ciattarelli’s position is that suing Sherrill for her defamatory claim that he is a mass murderer is not an expenditure in aid of his campaign, as it is intended to address his personal and professional reputation and not harm to his campaign,” the letter states.

The New Jersey Election Law Enforcement Commission is scheduled to discuss the Ciattarelli campaign’s request at their meeting on Monday, Oct. 27.

No lawsuit will be filed prior to the hearing, a Ciattarelli spokesperson told Patch on Wednesday.

• See Related: 5 Crucial Issues In NJ Governor Race: Here's Where Sherrill, Ciattarelli Stand
• See Related: NJ To Regulate Campaign Spending On Security As Political Violence Mounts

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