NEW JERSEY DEMOCRATIC PARTY, INC. v. SAMSON


814 A.2d 1028 (2002)

175 N.J. 178

The NEW JERSEY DEMOCRATIC PARTY, INC.; The New Jersey Democratic State Committee, and the Hon. Bonnie Watson Coleman, in her official capacity as Chair of the New Jersey Democratic Party and of New Jersey Democratic State Committee; and John or Jane Doe, yet to be selected Democratic Party Candidate for the Office of United States Senator, State of New Jersey, Plaintiffs-Appellants, v. Hon. David SAMSON, Attorney General, State of New Jersey, in his official capacity; Hon. Regena Thomas, Secretary of State of the State of New Jersey in her official capacity; Hon. Ramon de la Cruz, Director of New Jersey Division of Elections; Hon. Michael J. Garvin, Clerk, County of Atlantic, in his official capacity; Hon. Kathleen A. Donovan, Clerk, County of Bergen, in her official capacity; Hon. Philip E. Haines, Clerk, County of Burlington, in his official capacity; Hon. James Beach, Clerk, County of Camden, in his official capacity; Hon. Angela F. Pulvino, Clerk, County of Cape May, in her official capacity; Hon. Gloria Noto, Clerk, County of Cumberland, in her official capacity; Hon. Patrick J. McNally, Clerk, County of Essex, in his official capacity; Hon. James N. Hogan, Clerk, County of Gloucester, in his official capacity; Hon. Janet E. Haynes, Clerk, County of Hudson, in her official capacity; Hon. Dorothy K. Tirpok, Clerk, County of Hunterdon, in her official capacity; Hon. Catherine DiCostanzo, Clerk, County of Mercer, in her official capacity; Hon. Elaine M. Flynn, Clerk, County of Middlesex, in her official capacity; Hon. M. Claire French, Clerk, County of Monmouth, in her official capacity; Hon. Joan Bramhall, Clerk, County of Morris, in her official capacity; Hon. M. Dean Haines, Clerk, County of Ocean, in his official capacity; Hon. Ronni D. Nochimson, Clerk, County of Passaic, in her official capacity; Hon. Gilda T. Gill, Clerk, County of Salem, in her official capacity; Hon. R. Peter Widin, Clerk, County of Somerset, in his official capacity; Hon. Erma Gormley, Clerk, County of Sussex, in her official capacity; Hon. Joanne Rajoppi, Clerk, County of Union, in her official capacity; Hon. Terrance D. Lee, Clerk, County of Warren, in his official capacity; Mr. Douglas Forrester, Candidate for the United States Senate (Republican); Mr. Ted Glick, Candidate for the United States Senate (Green Party); Ms. Elizabeth Macron, Candidate for the United States Senate (Libertarian Party); and Mr. Norman E. Wahner, Candidate for the United States Senate (New Jersey Conservative Party), Defendants-Respondents, and Mr. Gregory Pason, Candidate for the United States Senate (Socialist Party), Defendant.

Supreme Court of New Jersey.

Decided October 2, 2002.

Filed October 8, 2002.


Attorney(s) appearing for the Case

Angelo J. Genova, Livingston, argued the cause for appellants (Genova, Burns & Vernoia, attorneys).

David Samson, Attorney General of New Jersey, argued the cause pro se and for respondents Regena Thomas, Secretary of the State of New Jersey, and Ramon de la Cruz, Director of New Jersey Division of Elections.

John M. Carbone, Ridgewood, argued the cause for respondents Hon. Michael J. Garvin, Clerk, County of Atlantic, Hon. Kathleen A. Donovan, Clerk, County of Bergen, Hon. Philip E. Haines, Clerk, County of Burlington, Hon. James Beach, Clerk, County of Camden, Hon. Angela F. Pulvino, Clerk, County of Cape May, Hon. Gloria Noto, Clerk, County of Cumberland, Hon. Patrick J. McNally, Clerk, County of Essex, Hon. James N. Hogan, Clerk, County of Gloucester, Hon. Janet E. Haynes, Clerk, County of Hudson, Hon. Dorothy K. Tirpok, Clerk, County of Hunterdon, Hon Catherine DiCostanzo, Clerk, County of Mercer, Hon. Elaine M. Flynn, Clerk, County of Middlesex, Hon. M. Claire French, Clerk, County of Monmouth, Hon. Joan Bramhall, Clerk, County of Morris, Hon. M. Dean Haines, Clerk, County of Ocean, Hon. Ronni D. Nochimson, Clerk, County of Passaic, Hon. Gilda T. Gill, Clerk, County of Salem, Hon. R. Peter Widin, Clerk, County of Somerset, Hon. Erma Gormley, Clerk, County of Sussex, Hon. Joanne Rajoppi, Clerk, County of Union, Hon. Terrance D. Lee, Clerk, County of Warren (Carbone and Faasse, attorneys).

Peter G. Sheridan, Morristown and William E. Baroni, Jr., Trenton, argued the cause for respondent Mr. Douglas Forrester (Graham, Curtin & Sheridan, Morristown and Blank Rome Comisky & McCauley, attorneys, Trenton; Mr. Sheridan, Mr. Baroni, Dorothy A. Harbeck and Christopher J. Keale, Morristown, on the letter brief).

Elizabeth Macron, argued the cause pro se.

Brian W. McAlindin, Newark, argued the cause for respondent Mr. Norman E. Wahner (Wilson, Elser, Moskowitz, Edelman & Dicker, attorneys).

Ted Glick argued the cause pro se.

Evan H.C. Crook, Burlington County Solicitor, submitted a letter in lieu of brief on behalf of respondent Hon. Philip E. Haines, Clerk, County of Burlington.

Alfred B. Vuocolo, Jr., Mercer County Counsel, submitted a certification in lieu of brief on behalf of respondent Hon. Catherine DiCostanzo, Clerk, County of Mercer.

Gil D. Messina, Assistant Monmouth County Counsel, submitted a letter and certification in lieu of brief on behalf of respondent Hon. M. Claire French, Clerk, County of Monmouth (Malcolm V. Carton, Monmouth County Counsel, attorney).

Ronald Kevitz, Morris County Counsel, submitted a letter in lieu of brief on behalf of respondent Hon. Joan Bramhall, Clerk, County of Morris.

Thomas C. Miller, Somerset County Counsel, submitted a certification in lieu of brief on behalf of respondent Hon. R. Peter Widin, Clerk, County of Somerset.


The opinion of the Court was delivered by PORITZ, C.J.

By order dated October 2, 2002, we granted relief permitting the New Jersey Democratic State Committee to select a candidate to replace Senator Robert G. Torricelli on the November 2002 ballot. We issued the Order without opinion because, in our view, "the interests of justice require[d] the immediate issuance of an Order disposition with the Court's opinion to follow in due course." New Jersey Democratic Party...

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