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New Jersey Democratic Party, Inc. v. Samson

October 02, 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 ANDOFNEWJERSEYDEMOCRATIC ORDER 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 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.



53,618

This matter having been initiated by plaintiffs filing a verified complaint and order to show cause in the Superior Court, Law Division, Middlesex County, on September 30, 2002, which complaint sought the following relief:

1. An injunction prohibiting the inclusion on the general election ballot for November 5, 2002, of the name of Robert G. Torricelli as a Democratic Party candidate for the office of United States Senator;

2. A declaration that the New Jersey Democratic State Committee may forthwith proceed to select a duly qualified candidate to fill the vacancy created by the withdrawal of Robert G. Torricelli;

3. The removal of the name of Robert G. Torricelli from the general election ballot and its replacement with the name of the candidate selected by the New Jersey Democratic State Committee;

4. The printing of the general election ballots with the substitution of the new candidate's name for that of Robert G. Torricelli;

5. A direction to defendant County Clerks that the substitution of the new candidate's name for that of Robert G. Torricelli is to be made on all ballots, whether absentee, military, provisional, emergency, voting machine, ballot card, or otherwise; and

6. A direction to defendant County Clerks that all general election ballots are to be printed with the name of the new candidate selected by the Democratic State Committee;

And plaintiffs having contemporaneously filed a motion with the Court seeking the direct certification of the matter;

And the Superior Court, Law Division, Middlesex County, having issued an Order to Show Cause on October 1, 2002, that, inter alia, enjoined the printing of all ballots for the general election;

And the Court having determined on October 1, 2002, that it should certify the matter directly and conduct oral arguments on October 2, 2002;

And the Court having also continued the stay of the printing of ballots pending its further Order;

And the Court having considered the record before it, having reviewed the submissions of the parties, and having heard the argument of counsel;

And the Court having concluded that the central question before it is whether the dual interests of full voter choice and the orderly administration of an election can be effectuated if the ...


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