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MOCHARY v. CAPUTO

100 N.J. 119 (1985)

494 A.2d 1028

MARY MOCHARY, MICHAEL FRANCIS, BARBARA THOMAS AND DAVID WILDSTEIN, PLAINTIFFS-APPELLANTS, v. NICHOLAS CAPUTO, AS ESSEX COUNTY CLERK, DEFENDANT-RESPONDENT, AND RAYMOND DURKIN, DEFENDANT.

The Supreme Court of New Jersey.

Decided July 22, 1985.

Attorney(s) appearing for the Case

Mahlon L. Fast argued the cause for appellants (Fast & Fast, attorneys).

Jessica G. de Koninck, Assistant County Counsel, argued the cause for respondent (David H. Ben-Asher, Essex County Counsel, attorney).

PER CURIAM.

The issue in this appeal concerns the manner in which voters should be assured of absolute fairness in the choice of ballot positions for candidates of political parties. The controversy is moot because a general election involving the candidates has already occurred. Nonetheless we believe that the issues are recurrent and warrant our consideration. See McGlynn v. New Jersey Public Broadcasting Authority,...

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