SCHUNDLER v. DONOVAN


874 A.2d 506 (2005)

183 N.J. 383

Bret SCHUNDLER, Diane Sank, and Bret2005, Plaintiffs-Respondents, v. Kathleen DONOVAN, in her official capacity as Bergen County Clerk, Steven Lonegan, and Paul DiGaetano, Defendants-Appellants, and John Murphy, Douglas Forrester, Todd Caliguire, and Robert Schroeder, Defendants, and Republican County Chairman's Organization and Republican County Committees for the Counties of Bergen, Burlington, Essex, Hudson, Hunterdon, Mercer, Monmouth, Ocean, Salem, Somerset, Sussex, and Passaic, Intervenors-Appellants. Bret Schundler, Richard Bradford, and Richard Bradford a/k/a Bret2005, Plaintiffs, v. James Hogan, Gloucester County Clerk, and/or John Does 1-15 (fictitious defendant(s) who caused damage to plaintiffs), Defendant-Respondent. Forrester for Governor, Inc., and Douglas Forrester, Individually, Plaintiff, v. Kathleen A. Donovan, Clerk of the County of Bergen, and Paul Digaetano, Steven Lonegan, Defendants-Respondents, and Peter Harvey, Attorney General of New Jersey, Todd Caliguire, John Murphy, Robert Schroeder, and Bret Schundler, Defendants.

Supreme Court of New Jersey.

Decided May 6, 2005.


Attorney(s) appearing for the Case

Ernest P. Fronzuto, Nutley, submitted a brief on behalf of appellant Paul DiGaetano, et al. (A-126) (Piro, Zinna, Cifelli, Paris, & Genitempo, P.C., attorneys).

Steven S. Polinsky, East Brunswick, submitted letter briefs on behalf of appellant Steven Lonegan (A-127) (Mr. Polinsky and Cotant, Atkins & Fede, attorneys, Hackensack; Mr. Polinsky and Andrew T. Fede, Hackensack, on the briefs).

Mark D. Sheridan, Florham Park, submitted briefs on behalf of appellants Republican County Chairman's Organizations, etc., et al. (A-128) (Drinker, Biddle & Reath, L.L.P.).

John M. Carbone, submitted letter briefs on behalf of respondents Kathleen A. Donovan, et al. (Carbone and Faasse, attorneys), Ridgewood. Thaddeus R. Maciag, submitted a brief on behalf of respondents Bret Schundler, et al. (Maciag Law, L.L.C., Somerville; Howes & Howes, Raritan and Barry, McTiernan & Moore, attorneys, New York City; W. Timothy Howes, Raritan and Sean M. Connelly, New York City, on the brief).

Peter G. Sheridan, Morristown, submitted letter briefs on behalf of respondents Forrester for Governor, Inc., et al. (Graham, Curtin & Sheridan, attorneys).

Douglas F. Doyle, Hawthorne, submitted letter briefs on behalf of respondent John Murphy (Edwards & Caldwell, L.L.C., attorneys; John A. Stone, South Orange, on the briefs).


PER CURIAM.

The judgment is affirmed substantially for the reasons expressed by the Appellate Division in the opinion of Judge Kestin reported at 377 N.J.Super. 339, 872 A.2d 1092 (2005).

We add only the following.

The Appellate Division suggested several possibilities to achieve the results it ordered, including altered type face and ballot reorganization. We note that

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