PATERSON—In 27 days, Paterson could elect Third Ward Councilman Alex Mendez, freshly cleared of voter fraud charges, mayor of their city. But prosecutors have until 16 days after the election to file an appeal, a move that could re-indict him before he takes office July 1.

If Mendez defeats incumbent Andre Sayegh on May 12, he would take the oath of office July 1. But he would govern under a prosecutorial cloud: Attorney General Jennifer Davenport has until May 28, 16 days after the election, to file an appeal that could theoretically re-indict the mayor-elect before he even assumes office. Legal experts said it remains unclear whether an appeal filed after the election but before inauguration would prevent Mendez from assuming office, or whether he could be sworn in while fighting a reinstated indictment. No clear precedent exists in New Jersey for a mayor-elect taking office while the State challenges the dismissal of a criminal case.

Case Dismissed as Violation of Speedy Trial Act

The dismissal came April 13, when Judge Sohail Mohammed ruled that prosecutors violated New Jersey's Speedy Trial Act by failing to bring the case to trial within 180 days of the October 2023 superseding indictment. The judge also found that the Attorney General's Office intentionally failed to disclose immunity agreements granted to witness Rafael "Chi Chi" Cruz, calling the omission "fundamentally unfair" and saying it "tainted the entire proceeding."

Sayegh, seeking a third term, immediately attacked the ruling as procedural rather than exonerating. In a statement emailed to NJ.com Sayegh said: "Alex Mendez was not found innocent. The charges went away due to technicalities. It is unfortunate that Matt Platkin yet again did not hold Mendez accountable for the egregious voter fraud allegations he was facing." His comments referenced former Attorney General Matthew Platkin, who authorized the October 2023 superseding indictment.

Mendez, who launched his mayoral campaign the day before the dismissal, declared vindication. "Thanks to God, we were cleared of all the charges we were accused of," Mendez said. "It was six years of struggle and suffering. Thanks to our lawyers, the judicial system, and the people of Paterson who never stopped believing in me. My people, let's go to victory!"

Origins of the Case

The charges stemmed from the May 2020 Third Ward election, which Mendez won by 240 votes over incumbent William McKoy. State prosecutors alleged Mendez and co-defendants collected 347 bundled ballots from a Haledon post office and 531 from Paterson's main post office, forging signatures and influencing witnesses.

Sayegh defeated Mendez 48 percent to 27 percent in the 2022 mayoral race, with polling showing 76 percent of likely voters viewed the indictment as making them "less likely to support" Mendez.

The Co-Defendant Problem

While Mendez enters the final 27 days cleared of charges, fellow mayoral candidate Michael Jackson, also indicted for his alleged role in the same 2020 election fraud scheme, remains under indictment. His court date is June 9, nearly a month after the election. Jackson, who lost mayoral bids to Sayegh in 2018 and 2022, filed a motion to dismiss his charges on April 9, alleging that state investigators misrepresented witness statements.

The disparity highlights the arbitrary impact of procedural timing: two men accused of the same underlying conduct face voters on May 12 with radically different legal status. Both are anti-Sayegh candidates, creating a split in the opposition vote that could benefit the incumbent.

No Comments From Passaic County Dems or Ex-Mayor Torres

The Passaic County Democratic Committee, which awarded Mendez the 1A ballot line, did not respond to requests for comment on whether they stand by their candidate given the 16-day appeal window.

Former Mayor Jose "Joey" Torres, who endorsed Mendez in 2022, has not publicly reaffirmed his support for the 2026 race. That’s despite remaining a potent force in Paterson's Dominican voting bloc, which delivered Mendez 46 percent support against Sayegh's 23 percent among Dominican voters in 2022.

With 27 days remaining until the election, Mendez campaigns as the exonerated victim of prosecutorial overreach, even if some of his most powerful allies remain quiet. Meanwhile, the Attorney General weighs whether to appeal the ruling that cleared his path to City Hall, and whether to throw the potential future mayor into a legal battle before he can even take his oath.

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Sources

• Chris Paul, NorthJersey.com, "Judge rules on election fraud indictment against Paterson councilman" (April 14, 2026)

• Chris Paul, NorthJersey.com, "Paterson pol's lawyer seeks fraud case dismissal, alleges state errors" (April 14, 2026)

• Chris Paul, NorthJersey.com, "With Mendez indictment gone, what's impact on Paterson mayor's race?" (April 15, 2026)

• NBC New York, "Election fraud indictment tossed for N.J. councilman ahead of mayoral race" (April 16, 2026)

• New Jersey Office of Attorney General, “Statement from Attorney General Davenport on Dismissal of Indictment in State v. Alex Mendez,” via X/Twitter (April 13, 2026)

• Paterson Times, "Judge Dismisses Charges Against Councilman Alex Mendez" (April 14, 2026)

• PatersonNJ.gov, Mayor's Office official biography (2026)

• New Jersey Division of Elections, Official Election Calendar, voter.svrs.nj.gov (2026)

• NJ Courts, General Assignment Order, Superior Court of New Jersey, Vicinage 11 (October 13, 2020)

• New Jersey Revised Statutes, N.J.S.A. 2A:162-22 (Speedy Trial Act)