NJ CONSERVATIVE PARTY, INC. v. FARMER


753 A.2d 192 (1999)

332 N.J. Super. 278

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, v. John J. FARMER, 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 Noti, in her capacity as the Cumberland County Clerk; Patrick J. McNally, in his capacity as the Essex County Clerk; James Hogan, in his capacity as the Gloucester County Clerk; Janet E. Haynes, in her capacity as the Hudson County Clerk; Dorothy K. Tippok, in her capacity as the Hunterdon County Clerk; Catherine DiCostanzo, in her capacity as the Mercer 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; M. Dean Haines, in his capacity as the Ocean County Clerk; Ronni Nochimson, in her capacity as the Passaic County Clerk; John W. Cawman, in his capacity as the Salem 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.

Superior Court of New Jersey, Chancery Division, Monmouth County.

Decided October 13, 1999.


Attorney(s) appearing for the Case

Eugene M. LaVergne, Long Branch, for plaintiffs.

John J. Farmer, Jr., Attorney General of the State of New Jersey (Donna Kelly, Senior Deputy Attorney General, appearing).

John E. Harrington, Medford, for the New Jersey State Democratic Committee.

Graham, Curtin & Sheridan (Peter G. Sheridan, appearing), Morristown, for the New Jersey State Republican Committee.

Carbone & Faasse (John M. Carbone, appearing), Ridgewood, for the Clerks of Bergen, Cape May and Somerset Counties.

Cassidy, Messina & Laffey (Gil D. Messina, appearing), Holmdel, for the Clerk of Monmouth County.

Paul J. Gallagher, Bedminster, for the Clerk of Atlantic County.

Jean Hartman Culp, Mount Holly, for the Clerk of Burlington County.

David J. Eddowes, Bridgeton, for the Clerk of Cumberland County.

Oury & Mizdol, P.C. (Dennis J. Oury, appearing), Hackensack, for proposed intervenor Bergen County Democratic Organization.

Genova, Burns & Vernoia (Angelo J. Genova, appearing), Livingston, for Essex County Democratic Organization.

No other appearances.


FISHER, P.J.Ch.

I

THE ISSUE

Initially, plaintiffs argued the major political parties failed to accumulate sufficient votes in the 1999 primaries to secure the exclusive right to the first and second ballot columns for the 1999 general election. Ultimately, the Appellate Division disagreed, rejecting this court's earlier ruling in favor of plaintiffs.2 Changing course, plaintiffs now claim their exclusion from the lottery...

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