Andrew McKENZIE; Arthur Bandel; Joanne E. Deibert; Arthur Mattei; David J. O'Neill; Brigid Kernan, Marie V. Morris; Mary Sullivan; Leonard Crann; Anne Marie Crann; Kathleen Reid; Alfred R. Beronio; Peter Marsico; Sharyn L. Cartnick; C. Louis Cartnick; New Jersey Right to Life Committee, a Non-Profit Corporation, Plaintiffs-Appellants,
v.
Jon CORZINE, Governor of the State of New Jersey; Nina Mitchell Wells, Secretary of State of the State of New Jersey; Anne Milgram, Attorney General of the State of New Jersey; Edward P. McGettigan, Atlantic County Clerk; Kathleen A. Donovan, Bergen County Clerk; Philip E. Haines, Burlington County Clerk; James Beach, Camden County Clerk, Rita Marie Fulginiti, Cape May County Clerk; Gloria Noto, Cumberland County Clerk; Christopher J. Durkin, Essex County Clerk; James Hogan, Gloucester County Clerk; Barbara A. Netchert, Hudson County clerk; Mary Melfi, Hunterdon County Clerk; Paula Sollami Covello, Mercer County Clerk; Elaine Flynn, Middlesex County Clerk; M. Claire French, Monmouth County Clerk; Joan Bramhall, Morris County Clerk; Carl W. Block, Ocean County Clerk; Karen Brown, Passaic County Clerk; Gilda T. Gill, Salem County Clerk; Brett A. Radi, Somerset County Clerk; Erma Gormley, Sussex County Clerk; Joanne Rajoppi, Union County Clerk; and Patricia Kolb, Warren County Clerk, Defendants-Respondents.
Superior Court of New Jersey, Appellate Division.https://leagle.com/images/logo.png
Argued October 22, 2007.
Decided October 26, 2007.
Attorney(s) appearing for the Case
Bertram P. Goltz, Jr., Edison, argued the cause for appellants (Legal Center for Defense of Life, Inc., attorneys; Edward J. Gilhooly, Morristown, of counsel; Mr. Goltz, on the brief).
Larry R. Etzweiler, Senior Deputy Attorney General, argued the cause for respondents Jon Corzine, Governor of the State of New Jersey; Nina Mitchell Wells, Secretary of State of the State of New Jersey and Anne Milgram, Attorney General of the State of New Jersey (Anne Milgram, Attorney General, attorney; Patrick DeAlmeida, Assistant Attorney General, of counsel; Mr. Etzweiler and Mary Beth Wood, on the brief).
John M. Carbone, Ridgewood, argued the cause for respondent Kathleen A. Donovan, Bergen County Clerk (Carbone and Faasse, and Esther Suarez, Bergen County Counsel, attorneys; Mr. Carbone, of counsel and on the brief).
John C. Porto, Cape May County Counsel, attorney for respondent Rita Marie Fulginiti, Cape May County Clerk (James B. Arsenault, Jr., Assistant County Counsel, on the brief).
Ronald Kevitz, Morris County Counsel, attorney for respondent Joan Bramhall, Morris County Clerk (Mr. Kevitz, on the brief).
Dennis R. McConnell, Sussex County Counsel, attorney for respondent Erma Gormley, Sussex County Clerk (Dennis J. Lenard, on the brief).
Samuel J. Leone, Gloucester County Counsel, attorney for respondent James N. Hogan, Gloucester County Clerk (Thomas G. Campo, Assistant County Counsel, on the brief).
Gary D. Wodlinger, Cumberland County Counsel, attorney for respondent Gloria Noto, Cumberland County Clerk (Mr. Wodlinger, on the letter relying on the brief filed by the Attorney General).
Donato J. Battista, Hudson County Counsel, attorney for respondent Barbara A. Netchert, Hudson County Clerk (Mark E. Morchel, Deputy County Counsel, on the letter relying on the brief filed by the Attorney General).
Malcolm V. Carton, Monmouth County Counsel, attorney for respondent M. Claire French, Monmouth County Clerk (Andrea I. Bazer, Special Monmouth County Counsel, on the letter relying on the brief filed by the Attorney General).
John C. Sahradnik, Ocean County Counsel, attorney for respondent Carl W. Block, Ocean County Clerk (Laura M. Benson, Assistant County Counsel, on the letter relying on the brief filed by the Attorney General).
Deborah Silverman Katz, Camden County Counsel, attorney for respondent James Beach, Camden County Clerk (Donna M. Whiteside, Assistant County Counsel, on the brief).
No other respondents filed a brief.
Before Judges STERN, A.A. RODRÍGUEZ and C.S. FISHER.
Superior Court of New Jersey, Appellate Division.
The opinion of the court was delivered by
FISHER, J.A.D.
In this appeal, plaintiffs claim that the interpretive statement adopted by the Legislature in seeking voter approval of the New Jersey Stem Cell Research Bond Act of 2007 (the Act), L. 2007, c. 117, inadequately and unfairly describes the question the voters are being asked to decide in the general election to occur on November 6, 2007. In deferring...
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