MORRISTOWN – Donald Cresitello is a former mayor who wants to run again this year as an independent.

Richard Kreimer is a famous, or perhaps infamous, homeless man who sued the town and its library for violating his rights about 30 years ago and walked away with a total settlement of $230,000. He also ran for local office listing his “address” as a park bench.

Today, they were one in the same – sort of.

As he challenged the Morris County Clerk’s decision to kick Cresitello off the ballot because he doesn’t live in Morristown, lawyer Alan Zakin argued that Cresitello’s situation was actually quite similar to the homeless man’s.

Kreimer’s “home” may have been a park bench; Cresitello’s “home” has been a number of “couches” around town where he’s been crashing with friends.

“You can say this was his park bench,” Zakin said.

Judge Stuart Minkowitz, who reserved a decision on the case, wondered if the state Attorney General’s years-ago interpretation of residency was binding on him.

Zakin replied that he knows of no case law refuting it.

Joseph Wenzel, the lawyer representing the Morris County Democratic Committee, was a bit blunter. He called Zakin’s approach “amorphous” and “fuzzy” and said that Cresitello’s couch surfing is not at all comparable to living on a park bench. He said that while Cresitello is a man of means, Kreimer was legitimately homeless.

This case has interesting political implications.

Tim Dougherty, the incumbent Democratic mayor seeking his fourth term, has no Republican opponent. So he will be unopposed unless Cresitello gets on the ballot.

Dougherty defeated Cresitello, who was mayor at the time, in the 2009 Democratic primary. Cresitello, who often has switched parties and who has no love for Dougherty, seems to be itching to go at him again. If he gets the chance, you can expect a nasty fight. And coming after an acrimonious primary, that’s something town and county Dems would like to avoid.

But will Cresitello get the chance?

Cresitelllo left office in 2010 and eventually relocated to Manasquan, where he ran unsuccessfully for council. He also voted in the 2020 election from his Manasquan address.

Zakin said that vote, which was by mail, was submitted last Oct. 13 and that on Nov. 1, Cresitello changed his voter registration back to Morristown. That would meet the one-year residency requirement and allow him to run for mayor this November.

But does he truly live in Morristown?

Throughout this dispute, Cresitello and his lawyers have offered up a number of addresses – Mills Street, Lincoln Street, New Street among them.

Zakin said that Cresitello had been staying with friends until obtaining a permanent residence in May. He said one address – and only one address – is not necessary to establish residency in a town.

Yet, the county clerk’s office argued through its attorney that there is no official evidence – driver’s license, property records, bills etc.-  that documents Cresitello as an actual Morristown resident.

Zakin contended that even while living with friends, Cresitello was an active member of the Morristown community, getting involved in town affairs and spending time in local restaurants.

The judge didn’t seem impressed, saying such activities are not evidence an individual has a permanent  “abode” in a town. He also dismissed Zakin’s contention that Cresitello should be allowed to run because voters deserve a choice as irrelevant to the residency issue.

It’s hazardous to guess how a judge is going to rule, but Kreimer’s park bench may best Cresitello’s couches when it comes to having a genuine residence.