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CAPP v. STATE, DIV. OF ELECTIONS

Nos. A-5698-99T5, A-5701-99T5.

781 A.2d 1041 (2001)

344 N.J. Super. 225

COUNCIL OF ALTERNATIVE POLITICAL PARTIES ("CAPP"), Reform Party of New Jersey, New Jersey Libertarian Party, Inc., George Guzdek, and John Paff, Plaintiffs-Respondents, v. STATE of New Jersey, DIVISION OF ELECTIONS and John J. Farmer, Jr., in his capacity as Attorney General of New Jersey, and his successor, Defendants-Appellants, New Jersey Republican State Committee and New Jersey Democratic State Committee, Intervenors-Appellants.

Superior Court of New Jersey, Appellate Division.

Decided September 10, 2001.

Attorney(s) appearing for the Case

Donna Kelly, Senior Deputy Attorney General, argued the cause for appellants State of New Jersey, Division of Elections and John J. Farmer, Jr. (John J. Farmer, Jr., Attorney General, attorney; Mark J. Fleming, Assistant Attorney General, of counsel; Ms. Kelly and Pamela E. Schneider, Deputy Attorney General, on the brief).

Peter G. Sheridan, Morristown and Eileen Fahey, Medford, argued the cause for intervenors-appellants (Graham, Curtin & Sheridan, Morristown, for intervenor-appellant New Jersey Republican State Committee and John E. Harrington, Medford, for intervenor-appellant New Jersey Democratic State Committee; Mr. Sheridan and Mr. Harrington, of counsel; Dorothy A. Harbeck and Christopher J. Keale, Morristown, on the joint brief).

Frank Askin, Newark and Renee Steinhagen, argued the cause for respondents (Mr. Askin and Ms. Steinhagen, on the brief).

Before Judges WEFING, CUFF and LEFELT.

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

In this appeal, we consider whether two statutes which preclude a registered voter from declaring a party affiliation other than Republican, Democrat or Independent deny voters and political organizations other than the two established major parties equal protection of the laws and infringe on their rights of free speech and association. Judge Parrillo held that each plaintiff organization was entitled to be considered...

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