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SMITH v. HAYES

59 N.J. 236 (1971)

281 A.2d 276

IN THE MATTER OF PETITION OF THOMAS F.X. SMITH, MUNICIPAL CLERK OF THE CITY OF JERSEY CITY IN RE: SPECIAL ELECTION OF THE CITY OF JERSEY CITY, PLAINTIFF-RESPONDENT, v. FRANCIS X. HAYES, DEFENDANT-APPELLANT. ANTHONY CARBONE, PLAINTIFF-APPELLANT, v. GEORGE F. KUGLER, DEFENDANT-RESPONDENT.

The Supreme Court of New Jersey.

Decided September 13, 1971.

Attorney(s) appearing for the Case

Mr. Francis X. Hayes argued the cause pro se.

Mr. Louis P. Caroselli, Second Assistant Corporation Counsel, argued the cause for respondent, Smith (Mr. James F. Ryan, Corporation Counsel, attorney).

Mr. Arnold Jay Gold argued the cause for appellant, Carbone.

Mr. Alfred L. Nardelli, Deputy Attorney General, argued the cause for respondent, Attorney General (Mr. George F. Kugler, Jr., Attorney General; Mr. Stephen Skillman, Assistant Attorney General, on the brief).

PER CURIAM

These are election matters and because of the inherent time limitations, we heard argument on petitions for certification as if they had been granted. Certification is granted and the matters remanded for further proceedings in accordance herewith.

The single question is whether N.J.S.A. 19:13-7 is arbitrary in its request that the signatures on a nominating petition shall be supported by the affidavits of 5 of the signers that they "saw...

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