BARRETT v. MONMOUTH COUNTY BD. OF ELECTIONS


307 N.J. Super. 403 (1997)

CATHERINE BARRETT, GEORGE BILLINGHAM, PAUL CANNON, ROBERT CLARK, DORIS E. COLBERT, DANIEL CONWAY, LOIS V. DOZIER, VELMA FOY, SR., JOSEPH J. GEORGE, JOHN H. GREEN, JAMES W. HASTINGS, VICTOR HOSTEN, ANDREW HOYT, CHARLES E. JAHN, HARRY L. JOHNSON, MARY T. MCCARTHY, VALENTINO H. MONTEPARO, ANNETTE F. PETROCELLI, ALBERTA POMEROY, ALEXANDER REVESZ, JR., BARBARA SEYMOUR, PAUL N. THOMPSON, JESSIE TURNER, ELLEN UELAND, KATHERINE VECCHIO, ZELDA ZARIN, ALAN ZOLKOWITZ, PLAINTIFFS, v. MONMOUTH COUNTY BOARD OF ELECTIONS, COUNTY CLERK OF ELECTIONS, COMMISSIONER OF REGISTRATION AND SUPERINTENDENT OF ELECTIONS, DEFENDANTS. LOUISE MURRAY, PLAINTIFF, v. CLAIRE FRENCH, MONMOUTH COUNTY CLERK; MONMOUTH COUNTY BOARD OF ELECTIONS; KENNETH "BUTCH" SAUNDERS; JAMES CONDOS; AND SHEILA SOLOMON; JOHN HAMILTON AND ALBERT REINOSO, DEFENDANTS.

Superior Court of New Jersey, Law Division Monmouth County.

Decided July 16, 1997.


Attorney(s) appearing for the Case

Albert J. Rescinio, Esq. For Plaintiffs (Albert. J. Rescinio, Esq.).

Francine W. Kaplan, DAG, for Monmouth County Board of Elections, Commissioner of Registration and Superintendent of Elections (Attorney General of New Jersey).

Peter M. O'Mara, Esq., for Plaintiff (Peter M. O'Mara, Esq.).

Dwayne D. Warren, Esq., for Albert Reinoso (Schwartz, Simon, Edelstein, Celso & Kessler).

Richard T. O'Connor, for Claire French, Monmouth County Clerk (Richard T. O'Connor, Esq.)

Francine W. Kaplan, DAG, for Monmouth County Board of Elections (Attorney General of New Jersey).


LEHRER, J.S.C.

FACTS

On May 13, 1997, the City of Asbury Park conducted an election for the entire city council; five seats in total were to be filled.

Eleven formally nominated candidates were printed on the ballot. The first five names on the ballot, Kenneth "Butch" Saunders, Sheila Solomon, Al Reinoso, James G. Condos, and John J. Hamilton, Jr., ran next to the "Asbury First" slogan.

The next five names on the ballot, Lawson June...

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