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Holloway v. Byrne

April 20, 2005

MELISSA HOLLOWAY, PLAINTIFF-APPELLANT,
v.
ROBERT BYRNE, IN HIS OFFICIAL CAPACITY AS JERSEY CITY CLERK; DEFENDANT-RESPONDENT, AND JAVIER INCLAN, IN HIS OFFICIAL CAPACITY AS HUDSON COUNTY CLERK; RAMON DE LA CRUZ, IN HIS OFFICIAL CAPACITY AS DIRECTOR OF THE STATE OF NEW JERSEY DIVISION OF ELECTIONS; PETER HARVEY, IN HIS OFFICIAL CAPACITY AS THE ATTORNEY GENERAL OF THE STATE OF NEW JERSEY; DEFENDANTS, AND JERRAMIAH HEALY, MAYOR OF JERSEY CITY, DEFENDANT-RESPONDENT.



ORDER

This matter having come before the Court on plaintiff Melissa Holloway's application for emergent relief pursuant to Rule 2:9-8, seeking to compel defendant Robert Byrne, the Clerk of the City of Jersey City, to certify her as a candidate for Mayor of the City of Jersey City and to place her name on the ballot for the upcoming election;

And respondents having opposed that application on the basis that plaintiff Holloway did not submit sufficient valid nominating petitions to qualify her for certification as a mayoral candidate and inclusion on the ballot for the upcoming election;

And the trial court having denied injunctive relief and having dismissed plaintiff's complaint after conducting a hearing on April 6, 2005;

And plaintiff having moved before the Appellate Division for a stay of the judgment below and for summary reversal of the trial court's action;

And that court having denied the motions for a stay and for summary reversal on April 15, 2005;

And the Court having considered the moving papers and briefs filed by the parties;

And the Court having determined to certify the case for disposition on the merits pursuant to Rule 2:12-1;

And the Court having further determined that:

1. N.J.S.A. 19:13-10 provides that a candidate's petitions for nomination "shall be deemed to be valid, unless objection thereto be duly made in writing and filed with the officer with whom the original petition was filed not later than the fourth day after the last day for filing of petitions"; and

2. N.J.S.A. 19:13-13 provides that a candidate may cure a deficient petition for nomination, by properly amending the petition "in matters of substance or of form . . . but not to add signatures," provided the amendment is made "on or before the tenth day after the last day for the filing of petitions"; and

3. N.J.S.A. 19:13-13 further provides that the amendment "provision shall be liberally construed to protect the interest of candidates"; and

4. Plaintiff Holloway timely filed the requisite number of petitions for nomination by March 17, 2005, which was the last day for the filing of petitions; and

5. Defendant Jerramiah Healy timely filed a general objection to those petitions on March 21, 2005, the last day for the filing of objections; and

6. Defendant City Clerk Robert Byrne certified plaintiff Holloway as a candidate for Mayor of the City of Jersey City on March 23, 2005, after plaintiff Holloway cured a sufficient number of deficient petitions to give her the ...


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