SCHUNDLER v. PAULSEN


774 A.2d 585 (2001)

340 N.J. Super. 319

Bret SCHUNDLER, Plaintiff-Appellant, v. Glenn R. PAULSEN, George R. Gilmore, Richard H. Bagger, Deforest B. Soaries, New Jersey Secretary of State, Michael J. Garvin, Atlantic County Clerk, Kathleen A. Donovan, Bergen County Clerk, Phillip E. Haines, Burlington County Clerk, James Beach, Camden County Clerk, Angela F. Pulvino, Cape May County Clerk, Gloria Nuto, Cumberland County Clerk, Patrick McNally, Essex County Clerk, James Hogan, Gloucester County Clerk, Janet E. Haynes, Hudson County Clerk, Dorothy K. Tirpok, Hunterdon County Clerk, Catherine DiCostanzo, Mercer County Clerk, Elaine Flynn, Middlesex County Clerk, M. Claire French, Monmouth County Clerk, Joan Bramhall, Morris County Clerk, M. Dean Haines, Ocean County Clerk, Ronni Nochimson, Passaic County Clerk, Gilda T. Gill, Salem County Clerk, R. Peter Widin, Somerset County Clerk, Erma Gormley, Sussex County Clerk, Joanne Rajoppi, Union County Clerk, Terrence D. Lee, Warren County Clerk, and Sharon Young, Director of Election Law Enforcement Commission, Defendants-Respondents.

Superior Court of New Jersey, Appellate Division.

Decided May 9, 2001.


Attorney(s) appearing for the Case

Brian W. McAlindin, Newark, argued the cause for appellant (Wilson, Elser, Moskowitz, Edelman & Dicker, attorneys; Mr. McAlindin, and Jennifer A. Keller, on the brief).

Mark J. Fleming, Assistant Attorney General, argued the cause for respondents Secretary of State and Director of Election Law Enforcement Commission (John J. Farmer, Jr., Attorney General, attorney;

Mr. Fleming, on the brief; Michael J. Haas, Assistant Attorney General, of counsel).

Anne M. Patterson, Morristown, argued the cause for respondents Glenn R. Paulsen, George R. Gilmore and Richard H. Bagger (Riker, Danzig, Scherer, Hyland & Perretti, attorneys; Ms. Patterson, on the brief).

William E. Baroni, Jr., Cherry Hill, argued the cause for respondent-intervenor Robert Franks (Blank, Rome, Comisky & McCauley, attorneys; Mr. Baroni, on the brief).

Before Judges BAIME, WALLACE, Jr. and CARCHMAN.


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

This case involves a challenge by Bret Schundler, a candidate for the Republican nomination for Governor, to the constitutionality of L. 2001, c. 73 (Chapter 73). Chapter 73 changes the date for the upcoming 2001 primary election from June 5 to June 26, increases public matching grants and expenditure limits for gubernatorial candidates, allows a vacancy...

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