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IN RE APPLICATION OF MOFFAT

142 N.J. Super. 217 (1976)

361 A.2d 74

IN THE MATTER OF THE APPLICATION OF ABBOTT LOW MOFFAT FOR A RECHECK OF A VOTING MACHINE AND TO CONTEST THE ELECTION RESULTS IN THE 12TH DISTRICT OF PRINCETON TOWNSHIP. THE TOWNSHIP OF PRINCETON, IN THE COUNTY OF MERCER, A MUNICIPAL CORPORATION OF THE STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT, v. JUNIUS J. BLEIMAN, MARGARET BROADWATER, MEMBERS OF THE PRINCETON TOWNSHIP COMMITTEE, AND JOSEPH R. NINI, PRINCETON TOWNSHIP CLERK, DEFENDANTS-RESPONDENTS, AND ELIZABETH HUTTER AND JOSEPHINE HALL, AS MEMBERS OF THE PRINCETON TOWNSHIP COMMITTEE, DEFENDANTS-APPELLANTS.

Superior Court of New Jersey, Appellate Division.

Decided June 8, 1976.

Attorney(s) appearing for the Case

Mr. Edward B. Meredith argued the cause for appellants Republican Municipal Committee of the Township of Princeton and Todd Peyton, candidate for election for the office of township committeeman, in Docket No. A-872-75, and for defendants-appellants Elizabeth Hutter and Josephine Hall in Docket No. A-1663-75 (Messrs. Meredith, Meredith & Chase, attorneys).

Miss Joyce M. Usiskin argued the cause for plaintiff-respondent Abbott Low Moffat in Docket No. A-872-75, and for defendants-respondents Junius J. Bleiman and Margaret Broadwater in Docket No. A-1663-75 (Mmes. Usiskin & Mueller, attorneys).

Mr. William F. Hyland, Attorney General of New Jersey, filed a statement in lieu of brief on behalf of Mercer County Superintendent of Elections, Mercer County Board of Elections and the Secretary of State, in Docket No. A-872-75 (Mr. Gregory E. Nagy, Deputy Attorney General, of counsel).

Messrs. Mason, Griffin & Pierson, attorneys for plaintiff Township of Princeton in Docket No. A-1663-75, did not file a brief.

Before Judges FRITZ, SEIDMAN and MILMED.

The opinion of the court was delivered by SEIDMAN, J.A.D.

These consolidated appeals arise out of a contest for member of the Princeton Township Committee at the general election held on November 4, 1975. One is from the judgment below setting aside the election of a Republican candidate for that office and directing that no certificate of election be awarded either to him or to the Democratic candidate. The other is from the judgment in a related suit brought by...

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