Gaulkin, Lewis and Kolovsky.
These cases were consolidated for argument because they involved common questions of law and, to a considerable extent, of fact. Since they affected the primary election to be held on June 4 we decided them orally from the Bench. This opinion is filed to make a record of those decisions.
Without a drawing, Hudson County Clerk Grogan made the following assignment of places on the voting machine to those running in the Democratic primary:
On Row A, with the slogan "Regular Democratic Organization," candidates for all offices at stake, namely, Members of the House of Representatives, Delegates and Alternates to the Democratic National Convention (hereafter Delegates), Sheriff, County Clerk and three Freeholders.
On Row B, candidates for the same office under the slogan "United Democrats."
On Row C, Delegates only, with the slogan "McCarthy for President."
On Row D, Delegates only, with the slogan "Jesse Gray for President."
The County Clerk denied the demand of the McCarthy slate for a drawing for position among all four slates. The McCarthy slate alone sought review in the Law Division, which reversed and ordered that on May 13 there be "a drawing pursuant to N.J.S.A. 19:23-24 for line positions on the ballot for all four groups of candidates in the Democratic Party Primary." The County Clerk then appealed to this Court.
We announced the following decision from the Bench:
"We understand from the litigants here represented that the United Democrats did not complain or appeal as to their position on the ballot. Mr. Moskowitz has stated that the McCarthy ticket does not want a drawing if ...