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New Jersey Democratic Party, Inc. v. Samson

SUPREME COURT OF NEW JERSEY


October 1, 2002

THE NEW JERSEY DEMOCRATIC PARTY, INC.; THE NEW JERSEY DEMOCRATIC STATE COMMITTEE, AND THE HON. BONNIE WATSON COLEMAN, IN HER OFFICIAL CAPACITY AS CHAIR OF THE NEW JERSEY DEMOCRATIC PARTY AND OF NEW JERSEY DEMOCRATIC STATE COMMITTEE; AND JOHN OR JANE DOE, YET TO BE SELECTED DEMOCRATIC PARTY CANDIDATE FOR THE OFFICE OF UNITED STATES SENATOR, STATE OF NEW JERSEY, PLAINTIFFS-MOVANTS,
v.
HON. DAVID G. SAMSON, ATTORNEY GENERAL, STATE OF NEW JERSEY, IN HIS OFFICIAL CAPACITY; HON. REGENA THOMAS, SECRETARY OF STATE OF THE STATE OF NEW JERSEY IN HER OFFICIAL CAPACITY; HON. RAMON DELACRUZ, DIRECTOR OF NEW JERSEY DIVISION OF ELECTIONS; HON. MICHAEL J. GARVIN, CLERK, COUNTY OF ATLANTIC, IN HIS OFFICIAL CAPACITY; HON. KATHLEEN A. DONOVAN, CLERK, COUNTY OF BERGEN, IN HER OFFICIAL CAPACITY; HON. PHILIP E. HAINES, CLERK, COUNTY OF BURLINGTON, IN HIS OFFICIAL CAPACITY; HON. JAMES BEACH, CLERK, COUNTY OF CAMDEN, IN HIS OFFICIAL CAPACITY; HON. ANGELA F. PULVINO, CLERK, COUNTY OF CAPE MAY, IN HER OFFICIAL CAPACITY; HON. GLORIA NOTO, CLERK, COUNTY OF CUMBERLAND, IN HER OFFICIAL CAPACITY; HON. PATRICK J. MCNALLY, CLERK, COUNTY OF ESSEX, IN HIS OFFICIAL CAPACITY; HON. JAMES N. HOGAN, CLERK, COUNTY OF GLOUCESTER, IN HIS OFFICIAL CAPACITY; HON. JANET E. HAYNES, CLERK, COUNTY OF HUDSON, IN HER OFFICIAL CAPACITY; HON. DOROTHY K. TIRPOK, CLERK, COUNTY OF HUNTERDON, IN HER OFFICIAL CAPACITY; HON. CATHERINE DICOSTANZO, CLERK, COUNTY OF MERCER, IN HER OFFICIAL CAPACITY; HON. ELAINE M. FLYNN, CLERK, COUNTY OF MIDDLESEX, IN HER OFFICIAL CAPACITY; HON. M. CLAIRE FRENCH, CLERK, COUNTY OF MONMOUTH, IN HER OFFICIAL CAPACITY; HON. JOAN BRAMHALL, CLERK, COUNTY OF MORRIS, IN HER OFFICIAL CAPACITY; HON. M. DEAN HAINES, CLERK, COUNTY OF OCEAN, IN HIS OFFICIAL CAPACITY; HON. RONNI D. NOCHIMSON, CLERK, COUNTY OF PASSAIC, IN HER OFFICIAL CAPACITY; HON. GILDA T. GILL, CLERK, COUNTY OF SALEM, IN HER OFFICIAL CAPACITY; HON. R. PETER WIDIN, CLERK, COUNTY OF SOMERSET, IN HIS OFFICIAL CAPACITY; HON. ERMA GORMLEY, CLERK, COUNTY OF SUSSEX, IN HER OFFICIAL CAPACITY; HON. JOANNE RAJOPPI, CLERK, COUNTY OF UNION, IN HER OFFICIAL CAPACITY; HON. TERRANCE D. LEE, CLERK, COUNTY OF WARREN, IN HIS OFFICIAL CAPACITY; MR. DOUGLAS FORRESTER, CANDIDATE FOR THE UNITED STATES SENATE (REPUBLICAN); MR. TED GLICK, CANDIDATE FOR THE UNITED STATES SENATE (GREEN PARTY); MS. ELIZABETH MACRON, CANDIDATE FOR THE UNITED STATES SENATE (LIBERTARIAN PARTY); MR. GREGORY PASON (SOCIALIST PARTY); AND MR. NORMAN E. WAHNER (NEW JERSEY CONSERVATIVE PARTY), DEFENDANTS-RESPONDENTS.

ORDER

This matter having come before the Court on the application of plaintiffs for an Order directly certifying the action now pending in the Superior Court, Law Division, Middlesex County, and the Court having determined to certify the matter directly on its own motion pursuant to Rule 2:12-1, And good cause appearing;

IT IS ORDERED that this cause, now pending in the Superior Court, Law Division, Middlesex County, is certified directly to this Court, to the end that it may be reviewed by this Court; and it is further

ORDERED that this cause shall be deemed pending on appeal in this Court, and that further proceedings shall be conducted in the same manner as provided for appeals as of right, subject to the provisions of this Order; and it is further

ORDERED that all papers necessary to be filed in the matter by the parties shall be filed by the Clerk of the Court without payment to him of fees for such filing; and it is further

ORDERED that the parties shall file with the Clerk of this Court no later than 2:00 p.m., Tuesday, October 1, 2002, twelve copies of the briefs and appendices that were prepared for submission to the Law Division; and it is further

ORDERED that the parties shall file supplemental briefs and appendices with the Clerk of this Court by 4:00 p.m., Tuesday, October 1, 2002, to address, inter alia, the following questions in respect of all ballots, including absentee, military, provisional, emergency, voting machine, ballot card, or otherwise:

1. What is the current status of ballot printing and mailing for all counties? and

2. How long would it take to prepare new ballots should that become necessary?

And it is further

ORDERED that this matter be set down for oral argument on Wednesday, October 2, 2002, at 10:00 a.m. in the Supreme Court courtroom, Hughes Justice Complex, Trenton; and it is further

ORDERED that the parties shall inform the Clerk of the Court by 4:00 p.m. today of the name of the attorney who will appear on their behalf at oral argument, with the county clerks being represented by a single attorney; and it is further

ORDERED that the Order to Show Cause issued by the Law Division is dismissed as moot. The stay of the printing of ballots ordered by Judge Ciccone on this date shall remain in effect until the further Order of this Court. The Court notes that in granting this stay it takes no position on the underlying merit of plaintiffs' verified complaint.

And it is further

ORDERED that plaintiffs' motion for direct certification (M-245-02) is dismissed as moot, the Court having certified the matter on its own motion.

WITNESS, the Honorable Deborah T. Poritz, Chief Justice, at Trenton, this 1st day of October, 2002.

Chief Justice Poritz and Justices Coleman, Long, Verniero, LaVecchia, Zazzali, and Albin join in the Court's Order.

20021001

© 2002 VersusLaw Inc.



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