NEW JERSEY CONSERVATIVE PARTY, INC., a Non-profit Corporation of the State of New Jersey; Leonard P. Marshall, individually and on behalf of others similarly situated; Hovey Best, individually and on behalf of others similarly situated; and Ivan Smollen, individually and on behalf of others similarly situated, Plaintiffs-Respondents,
v.
John J. FARMER, Jr., in his capacity as the Attorney General of the State of New Jersey; New Jersey State Republican Committee, a Non-profit Corporation of the State of New Jersey; New Jersey Democratic State Committee, a non-profit corporation of the State of New Jersey; Michael J. Garvin, in his capacity as the Atlantic County Clerk; Kathleen A. Donovan, in her capacity as the Bergen County Clerk; Michael Conda, in his capacity as the Burlington County Clerk; James Beach, in his capacity as the Camden County Clerk; Angela F. Pulvino, in her capacity as the Cape May County Clerk; Gloria Noto, in her capacity as the Cumberland County Clerk; Patrick J. McNally, in his capacity as the Essex County Clerk; Janet E. Haynes, in her capacity as the Hudson County Clerk; Elaine Flynn, in her capacity as the Middlesex County Clerk; M. Claire French, in her capacity as the Monmouth County Clerk; Alfonso W. Scerbo, in his capacity as the Morris County Clerk; Ronni Nochimson, in her capacity as the Passaic County Clerk; R. Peter Widin, hereinafter, Somerset County Clerk; Erma Gormley, in her capacity as the Sussex County Clerk; Joanne Rajoppi, in her capacity as the Union County Clerk; Terrance D. Lee, in his capacity as the Warren County Clerk, Defendants-Appellants, and
James Hogan, in his capacity as the Gloucester County Clerk; Dorothy K. Tippok, in her capacity as the Hunterdon County Clerk; Catherine DiConstanzo, in her capacity as the Mercer County Clerk; M. Dean Haines, in his capacity as the Ocean County Clerk; John W. Cawman, in his capacity as the Salem County Clerk, Defendants,
Bergen County Democratic Organization and Essex County Democratic Committee, Inc., Defendants/Intervenors-Appellants.
Superior Court of New Jersey, Appellate Division.https://leagle.com/images/logo.png
Telephonically argued August 27, 1999.
Decided September 3, 1999.
Attorney(s) appearing for the Case
Donna Kelly, Senior Deputy Attorney General, for defendant-appellant John J. Farmer, Jr., Attorney General of the State of New Jersey (Ms. Kelly, on the brief).
John E. Harrington, Medford, for defendant-appellant New Jersey State Democratic Committee (Mr. Harrington submitted a statement in lieu of a brief and joins in the brief of the Attorney General.)
Peter G. Sheridan, Morristown, for defendant-appellant New Jersey Republican State Committee (Graham, Curtin & Sheridan, attorneys; Mr. Sheridan, of counsel and on the brief; Dorothy A. Harbeck, Christopher J. Keale and Lynn B. Kegelman, on the brief).
John M. Carbone, Ridgewood, for defendants-appellants Bergen, Cape May and Somerset County Clerks (Carbone & Faase, attorneys; Mr. Carbone, on the brief).
Atlantic County Department of Law, for defendant-appellant Atlantic County Clerk (William P. Busch, Jr., Assistant County Council, joins in the brief of the Attorney General).
Evan H.C. Crook, Burlington County Solicitor, for defendant-appellant Burlington County Clerk (Jean Hartman Culp, Senior Assistant Solicitor, on the brief).
Zane & Lozuke, Woodbury, for defendant-appellant Camden County Clerk (Donna Sigel Platt joins in the brief of the Attorney General).
Richard J. Geiger, Cumberland County Counsel, for defendant-appellant Cumberland County Clerk, joins in the brief of the Attorney General.
County of Essex, Juan C. Fernandez, Essex County Counsel, for defendant-appellant Essex County Clerk (Thomas M. Bachman, Asst. County Counsel, joins in the brief of the Attorney General).
Gaetano M. DeSapio, Hunterdon County Counsel, for defendant-appellant Hunterdon County Clerk, joins in the brief of the Attorney General.
Francis DeLeonardis, Hudson County Counsel, for defendant-appellant Hudson County Clerk, joins in the brief of the Attorney General.
Bruce J. Kaplan, Middlesex County Counsel, New Brunswick, for defendant-appellant Middlesex County Clerk, joins in the brief of the Attorney General.
Cassidy, Messina & Laffey, for defendant-appellant Monmouth County Clerk (Gil D. Messina, Assistant County Counsel, joins in the brief of the Attorney General).
Ronald Kevitz, Morris County Counsel, Morristown, for defendant-appellant Morris County Clerk, joins in the brief of the Attorney General.
William J. Pascrell III, Passaic County Counsel, for defendant-appellant Passaic County Clerk, joins in the brief of the Attorney General.
McConnel & Norton, for defendant-appellant Sussex County Clerk, join in the brief of the Attorney General.
Carol I. Cohen, Union County Counsel, for defendant-appellant Union County Clerk, joins in the brief of the Attorney General.
David A. Wallace, Warren County Counsel, Hackensack, for defendant-appellant Warren County Clerk, joins in the brief of the Attorney General.
Genova, Burns & Verona, for defendants/intervenors-appellants Essex County Democratic Committee, Inc. (Angelo J. Genova, on the brief).
Dennis J. Oury, Hackensack, for defendant/intervenor-appellant Bergen County Democratic Organization (Oury & Mizdol, attorneys; Mr. Oury joins in the brief of the Attorney General).
Eugene M. LaVergne, for plaintiff-respondents.
Before Judges KLEINER and BRAITHWAITE.
Superior Court of New Jersey, Appellate Division.
The opinion of the court was delivered by BRAITHWAITE, J.A.D.
On August 5, 1999, plaintiffs New Jersey Conservative Party and three of its individual members who are candidates for elective office in the 1999 general election,1 filed a certified complaint for declaratory and injunctive relief seeking to enjoin defendants, county clerks, from drawing separate political party columns for the Democratic and Republican parties on the official...
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