Free Republic
Browse · Search
News/Activism
Topics · Post Article

Skip to comments.

What's wrong with the NJ Court decision? - Vanity
me | 10-02-02 | Teacher317

Posted on 10/02/2002 5:27:38 PM PDT by Teacher317

click here to read article


Navigation: use the links below to view more comments.
first previous 1-2021-4041-6061-79 next last
To: Incorrigible
The sections that deal with this start with 19:13-18 (posted here, and continuing through to the next page with 19:13-20.

To quote the relevant sections:

19:13-18. In general
When a person so declines his nomination, or if a petition or certificate of nomination, or if any nomination, be insufficient or inoperative, or if a nominee shall die, or for any reason vacate his nomination, the vacancy so occasioned may be filled in the manner outlined in the succeeding sections.

19:13-20. Vacancy procedure
19:13-20. In the event of a vacancy, howsoever caused, among candidates nominated at primaries, which vacancy shall occur not later than the 51st day before the general election, or in the event of inability to select a candidate because of a tie vote at such primary, a candidate shall be selected in the following manner:

a. (1) In the case of an office to be filled by the voters of the entire State, the candidate shall be selected by the State committee of the political party wherein such vacancy has occurred.

(2) In the case of an office to be filled by the voters of a single and entire county, the candidate shall be selected by the county committee in such county of the political party wherein such vacancy has occurred.

(3) In the case of an office to be filled by the voters of a portion of the State comprising all or part of two or more counties, the candidate shall be selected by those members of the county committees of the party wherein the vacancy has occurred who represent those portions of the respective counties which are comprised in the district from which the candidate is to be elected.

(4) In the case of an office to be filled by the voters of a portion of a single county, the candidate shall be selected by those members of the county committee of the party wherein the vacancy has occurred who represent those portions of the county which are comprised in the district from which the candidate is to be elected.

At any meeting held for the selection of a candidate under this subsection, a majority of the persons eligible to vote thereat shall be required to be present for the conduct of any business, and no person shall be entitled to vote at that meeting who is appointed to the State committee or county committee after the seventh day preceding the date of the meeting.

In the case of a meeting held to select a candidate for other than a Statewide office, the chairman of the meeting shall be chosen by majority vote of the persons present and entitled to vote thereat. The chairman so chosen may propose rules to govern the determination of credentials and the procedures under which the meeting shall be conducted, and those rules shall be adopted upon a majority vote of the persons entitled to vote upon the selection. If a majority vote is not obtained for those rules, the delegates shall determine credentials and conduct the business of the meeting under such other rules as may be adopted by a majority vote. All contested votes taken at the selection meeting shall be by secret ballot.

b. (1) Whenever in accordance with subsection a. of this section members of two or more county committees are empowered to select a candidate to fill a vacancy, it shall be the responsibility of the chairmen of said county committees, acting jointly not later in any case than the seventh day following the occurrence of the vacancy, to give notice to each of the members of their respective committees who are so empowered of the date, time and place of the meeting at which the selection will be made, that meeting to be held at least one day following the date on which the notice is given.

(2) Whenever in accordance with the provisions of subsection a. of this section members of a county committee are empowered to select a candidate to fill a vacancy, it shall be the responsibility of the chairman of such county committee, not later in any case than the seventh day following the occurrence of the vacancy, to give notice to each of the members of the committee who are so empowered of the date, time and place of the meeting at which the selection will be made, that meeting to be held at least one day following the date on which the notice is given.

(3) A county committee chairman or chairmen who call a meeting pursuant to paragraph (1) or (2) of this subsection shall not be entitled to vote upon the selection of a candidate at such meeting unless he or they are so entitled pursuant to subsection a.

(4) Whenever in accordance with the provisions of subsection a. of this section the State committee of a political party is empowered to select a candidate to fill a vacancy, it shall be the responsibility of the chairman of that State committee to give notice to each of the members of the committee of the date, time and place of the meeting at which the selection will be made, that meeting to be held at least one day following the date on which the notice is given.

c. Whenever a selection is to be made pursuant to this section to fill a vacancy resulting from inability to select a candidate because of a tie vote at a primary election, the selection shall be made from among those who have thus received the same number of votes at the primary.

d. A selection made pursuant to this section shall be made not later than the 48th day preceding the date of the general election, and a statement of such selection shall be filed with the Secretary of State or the appropriate county clerk, as the case may be, not later than said 48th day, and in the following manner:

(1) A selection made by a State committee of political party shall be certified to the Secretary of State by the State chairman of the political party.

(2) A selection made by a county committee of a political party, or a portion of the members thereof, shall be certified to the county clerk of the county by the county chairman of such political party; except that when such selection is of a candidate for the Senate or General Assembly or the United States House of Representatives the county chairman shall certify the selection to the State chairman of such political party, who shall certify the same to the Secretary of State.

(3) A selection made by members of two or more county committees of a political party acting jointly shall be certified by the chairmen of said committees, acting jointly, to the State chairman of such political party, who shall certify the same to the Secretary of State.

e. A statement filed pursuant to subsection d. of this section shall state the residence and post office address of the person so selected, and shall certify that the person so selected is qualified under the laws of this State to be a candidate for such office, and is a member of the political party filling the vacancy. Accompanying the statement the person endorsed therein shall file a certificate stating that he is qualified under the laws of this State to be a candidate for the office mentioned in the statement, that he consents to stand as a candidate at the ensuing general election and that he is a member of the political party named in said statement, and further that he is not a member of, or identified with, any other political party or any political organization espousing the cause of candidates of any other political party, to which shall be annexed the oath of allegiance prescribed in R.S. 41:1-1 duly taken and subscribed by him before an officer authorized to take oaths in this State. The person so selected shall be the candidate of the party for such office at the ensuing general election.

19:13-20.1. Candidate vacancy not filled

If there is no candidate on the primary election ballot of a political party for nomination for election to a public office in the general election and no write-in candidate for nomination for that office receives the minimum number of write-in votes necessary for nomination at a primary election pursuant to section 1 of P.L.1981, c.264 (C.19:14-2.1) and R.S.19:23-8, a vacancy shall not be deemed to exist and the provisions of R.S.19:13-20 shall not be applicable.


41 posted on 10/02/2002 6:12:22 PM PDT by steveegg
[ Post Reply | Private Reply | To 22 | View Replies]

To: Incorrigible
19:13-20.    Vacancy procedure
     19:13-20.  In the event of a vacancy, howsoever caused, among candidates nominated at primaries, which vacancy shall occur not later than the 51st day before the general election, or in the event of inability to select a candidate because of a tie vote at such primary, a candidate shall be selected in the following manner:

    a. (1)       In the case of an office to be filled by the voters of the entire State, the candidate shall be selected by the State committee of the political party wherein such vacancy has occurred.

    (2)  In the case of an office to be filled by the voters of a single and entire county, the candidate shall be selected by the county committee in such county of the political party wherein such vacancy has occurred.

    (3)  In the case of an office to be filled by the voters of a portion of the State comprising all or part of two or more counties, the candidate shall be selected by those members of the county committees of the party wherein the vacancy has occurred who represent those portions of the respective counties which are comprised in the district from which the candidate is to be elected.

    (4)  In the case of an office to be filled by the voters of a portion of a single county, the candidate shall be selected by those members of the county committee of the party wherein the vacancy has occurred who represent those portions of the county which are comprised in the district from which the candidate is to be elected.

    At any meeting held for the selection of a candidate under this subsection, a majority of the persons eligible to vote thereat shall be required to be present for the conduct of any business, and no person shall be entitled to vote at that meeting who is appointed to the State committee or county committee after the seventh day preceding the date of the meeting.

    In the case of a meeting held to select a candidate for other than a Statewide office, the chairman of the meeting shall be chosen by majority vote of the persons present and entitled to vote thereat. The chairman so chosen may propose rules to govern the determination of credentials and the procedures under which the meeting shall be conducted, and those rules shall be adopted upon a majority vote of the persons entitled to vote upon the selection.  If a majority vote is not obtained for those rules, the delegates shall determine credentials and conduct the business of the meeting under such other rules as may be adopted by a majority vote.  All contested votes taken at the selection meeting shall be by secret ballot.

    b. (1)       Whenever in accordance with subsection a. of this section members of two or more county committees are empowered to select a candidate to fill a vacancy, it shall be the responsibility of the chairmen of said county committees, acting jointly not later in any case than the seventh day following the occurrence of the vacancy, to give notice to each of the members of their respective committees who are so empowered of the date, time and place of the meeting at which the selection will be made, that meeting to be held at least one day following the date on which the notice is given.

    (2)  Whenever in accordance with the provisions of subsection a. of this section members of a county committee are empowered to select a candidate to fill a vacancy, it shall be the responsibility of the chairman of such county committee, not later in any case than the seventh day following the occurrence of the vacancy, to give notice to each of the members of the committee who are so empowered of the date, time and place of the meeting at which the selection will be made, that meeting to be held at least one day following the date on which the notice is given.

    (3)  A county committee chairman or chairmen who call a meeting pursuant to paragraph (1) or (2) of this subsection shall not be entitled to vote upon the selection of a candidate at such meeting unless he or they are so entitled pursuant to subsection a.

    (4)  Whenever in accordance with the provisions of subsection a. of this section the State committee of a political party is empowered to select a candidate to fill a vacancy, it shall be the responsibility of the chairman of that State committee to give notice to each of the members of the committee of the date, time and place of the meeting at which the selection will be made, that meeting to be held at least one day following the date on which the notice is given.

    c.   Whenever a selection is to be made pursuant to this section to fill a vacancy resulting from inability to select a candidate because of a tie vote at a primary election, the selection shall be made from among those who have thus received the same number of votes at the primary.

    d.   A selection made pursuant to this section shall be made not later than the 48th day preceding the date of the general election, and a statement of such selection shall be filed with the Secretary of State or the appropriate county clerk, as the case may be, not later than said 48th day, and in the following manner:

    (1)  A selection made by a State committee of political party shall be certified to the Secretary of State by the State chairman of the political party.

    (2)  A selection made by a county committee of a political party, or a portion of the members thereof, shall be certified to the county clerk of the county by the county chairman of such political party; except that when such selection is of a candidate for the Senate or General Assembly or the United States House of Representatives the county chairman shall certify the selection to the State chairman of such political party, who shall certify the same to the Secretary of State.

    (3)  A selection made by members of two or more county committees of a political party acting jointly shall be certified by the chairmen of said committees, acting jointly, to the State chairman of such political party, who shall certify the same to the Secretary of State.

    e.   A statement filed pursuant to subsection d. of this section shall state the residence and post office address of the person so selected, and shall certify that the person so selected is qualified under the laws of this State to be a candidate for such office, and is a member of the political party filling the vacancy.  Accompanying the statement the person endorsed therein shall file a certificate stating that he is qualified under the laws of this State to be a  candidate for the office mentioned in the statement, that he consents to stand as a candidate at the ensuing general election and that he is a member of the political party named in said statement, and further that he is not a member of, or identified with, any other political party or any political organization espousing the cause of candidates of any other political party, to which shall be annexed the oath of allegiance prescribed in R.S. 41:1-1 duly taken and subscribed by him before an officer authorized to take oaths in this State.  The person so selected shall be the candidate of the party for such office at the ensuing general election.

    Amended 1942,c.50,s.4; 1945,c.263; 1948,c.261; 1949,c.24,ss.4,12; 1972,c.181,s.1; 1981,c.346,s.1; 1985,c.92,s.14; 1988,c.126,s.1.
 

42 posted on 10/02/2002 6:14:14 PM PDT by jwalsh07
[ Post Reply | Private Reply | To 22 | View Replies]

To: steveegg
Sorry Mr Egg, I leapt before I looked.
43 posted on 10/02/2002 6:15:21 PM PDT by jwalsh07
[ Post Reply | Private Reply | To 41 | View Replies]

To: MHGinTN
It doesn't amaze me anymore Marvin and it doesn't cause me sorrow, it just pisses me off.
44 posted on 10/02/2002 6:16:23 PM PDT by jwalsh07
[ Post Reply | Private Reply | To 40 | View Replies]

To: jwalsh07; Teacher317; MattinNJ
Ha! I was just about to copy that as a reply. A lawyer friend of mine sent it to me.

He says it's "silent on what to do within 51 days of the election"

Not being a lawyerly type, I'm not sure how to interpret his comment.

45 posted on 10/02/2002 6:17:57 PM PDT by Incorrigible
[ Post Reply | Private Reply | To 42 | View Replies]

To: Teacher317
Further quotations from the New Jersey statutes (this time citing the section mentioned in the opinion you linked to, 19:23-12:
19:23-12. Committee on vacancies

The signers to petitions for "Choice for President," delegates and alternates to national conventions, for Governor, United States Senator, member of the House of Representatives, State Senator, member of the General Assembly and any county office may name three persons in their petition as a committee on vacancies.

This committee shall have power in case of death or resignation or otherwise of the person indorsed as a candidate in said petition to fill such vacancy by filing with the Secretary of State in the case of officers to be voted for by the voters of the entire State or a portion thereof involving more than one county thereof or any congressional district, and with the county clerk in the case of officers to be voted for by the voters of the entire county or any county election district, a certificate of nomination to fill the vacancy.

Such certificate shall set forth the cause of the vacancy, the name of the person nominated and that he is a member of the same political party as the candidate for whom he is substituted, the office for which he is nominated, the name of the person for whom the new nominee is to be substituted, the fact that the committee is authorized to fill vacancies and such further information as is required to be given in any original petition of nomination.

The certificate so made shall be executed and sworn to by the members of such committee, and shall upon being filed at least 48 (ed. this has changed from 34 days since 1977) days before election have the same force and effect as the original petition of nomination for the primary election for the general election and there shall be annexed thereto the oath of allegiance prescribed in R.S. 41:1-1 duly taken and subscribed by the person so nominated before an officer authorized to take oaths in this State. The name of the candidate submitted shall be immediately certified to the proper municipal clerks.


46 posted on 10/02/2002 6:24:20 PM PDT by steveegg
[ Post Reply | Private Reply | To 30 | View Replies]

To: jwalsh07
No prob; you probably were formatting while I was, and I just finished first. BTW, it bears repeating.
47 posted on 10/02/2002 6:25:18 PM PDT by steveegg
[ Post Reply | Private Reply | To 43 | View Replies]

To: PJ-Comix
OR... What would happen if Forrester dropped out? Would NJ go out of their way to replace a Republican?
48 posted on 10/02/2002 6:28:14 PM PDT by NCMOM
[ Post Reply | Private Reply | To 19 | View Replies]

To: Incorrigible
You may want to refer to 19:23-12 (quoted as reply 46). That would suggest that had the Torch set up a committee for vacancies, he would have had an additional 3 days to pull out and get a replacement (48 days prior to the general election instead of 51). That, had the Jersey Supreme Idiots followed the law, would still have left him way too late.
49 posted on 10/02/2002 6:28:41 PM PDT by steveegg
[ Post Reply | Private Reply | To 45 | View Replies]

To: Teacher317
Here's another thing wrong with the ruling Campaign Finance Reform and the NJ Ruling
50 posted on 10/02/2002 6:30:56 PM PDT by Always Right
[ Post Reply | Private Reply | To 1 | View Replies]

To: steveegg
Right! That opinion seems very relevant. How could they cite it? Torricelli pulled out at what, 37 days before? This seems to directly state that it has to be done 48 days in advance.

How does this opinion back up the NJ Soprano court's ruling?

51 posted on 10/02/2002 6:34:24 PM PDT by Incorrigible
[ Post Reply | Private Reply | To 49 | View Replies]

To: Always Right
Slight correction; the Anti-Conservative Anti-Free-Speech Act of 2002 doesn't go into effect until after the 2002 election.
52 posted on 10/02/2002 6:34:34 PM PDT by steveegg
[ Post Reply | Private Reply | To 50 | View Replies]

To: Teacher317
reposting with updates...

Let's list all of the people who have been harmed by this horrible decision:

Now let's list all of the illogical, illegal, and unfounded parts of this decision:

.

53 posted on 10/02/2002 6:35:19 PM PDT by Teacher317
[ Post Reply | Private Reply | To 1 | View Replies]

To: Incorrigible
Indeed, a further reading of that entire section suggests that the 48-day rule applies to primary elections or general elections where there is no primary, not general elections after a primary (that is, assuming that the one seeking to break the rules ISN'T a RAT). The 51-day rule should have applied in this case.
54 posted on 10/02/2002 6:36:42 PM PDT by steveegg
[ Post Reply | Private Reply | To 51 | View Replies]

To: Teacher317
Yeah.

You forgot to mention who should get credit for this.

You can thank CHRISSIE WHITMAN!! Yes, Chrissie Whitman who appointed three RINO Republicans, Peter Verniero, Jaynee La Vecchia and Deborah Poritz and one DemocRAT to the New Jersey State Supreme Court during her nefarious reign of massive fiscal mismanagement.

Now, the Real Republicans will have to waste money better spent on closer campaings elsewhere, appealing this illegal decision by this pack of anarchistic lawbreakers through the Federal Courts.


GOOD SHOW CHRISSIE!!! HOPE YOU LIKE IT IN THE EPA YOU FINK!!
55 posted on 10/02/2002 6:39:45 PM PDT by ZULU
[ Post Reply | Private Reply | To 1 | View Replies]

To: steveegg
I read the statute to say that a candidate must withdraw by the 51 day limit and the new candidate must be submitted by the parties nominating committee by the 48 day limit.
56 posted on 10/02/2002 6:39:49 PM PDT by CharacterCounts
[ Post Reply | Private Reply | To 54 | View Replies]

To: Incorrigible
Here's one more NJ statue summarily broken by the Jersey Supreme Idiots (19:14-1):
19:14-1. Copy for printer

Every county clerk shall have ready for the printer on or before the 43rd day prior to the general election a copy of the contents of official ballots as hereinafter required to be printed for use at such election. He shall also on or before that time place another copy of such contents on file in his office and keep the same open to public inspection until the sample ballots hereinafter provided to be printed shall have been distributed.

It's less than 43 days prior to the general election.
57 posted on 10/02/2002 6:42:06 PM PDT by steveegg
[ Post Reply | Private Reply | To 51 | View Replies]

To: steveegg
I think that the part about the RATS paying $800,000 to get around this printer issue.
58 posted on 10/02/2002 6:58:05 PM PDT by Incorrigible
[ Post Reply | Private Reply | To 57 | View Replies]

To: Teacher317
Teacher,
I have seen several analyses done by you on FreeRepublic. I believe that if YOU were in charge of teaching America's children, we would not have anything to worry about.

How did you avoid being tamped into the educrats form? Why are your opinions not cookie cutter clones of other educators?

You stand out as a Gem in a field of sawdust. Thank you.
59 posted on 10/02/2002 8:21:28 PM PDT by Swordmaker
[ Post Reply | Private Reply | To 1 | View Replies]

To: jwalsh07; Teacher317; MattinNJ
At any meeting held for the selection of a candidate under this subsection, a majority of the persons eligible to vote thereat shall be required to be present for the conduct of any business, and no person shall be entitled to vote at that meeting who is appointed to the State committee or county committee after the seventh day preceding the date of the meeting.

Help me out here. The statute calls for a committee composed of members from each county affected by a statewide race, or by the State committee from that party, and these citizens must be appointed to the party committee at least seven days before such a meeting.

These questions that should be answerable based upon federal and state guidelines for political parties:

1. Who are the members of this committee?
2. What day was the meeting called?
3. Was there a quorum, and who made the quorum?
4. Who recorded the minutes of this Official State committee meeting, and how do we get a copy of these minutes?
5. What was the vote of the committee?

It maybe picky, but I always thought that nominations were to be open meetings, to combat the cigar smoking political machines of the 18th century. The Democratic citizens have not been able to choose their next Senator, voters have been disenfranchised and 5 other candidates who played by the rules now are discriminated against.

Does any civil rights legislation come into play here?

Thanks for any help!

60 posted on 10/02/2002 8:55:33 PM PDT by texas booster
[ Post Reply | Private Reply | To 42 | View Replies]


Navigation: use the links below to view more comments.
first previous 1-2021-4041-6061-79 next last

Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.

Free Republic
Browse · Search
News/Activism
Topics · Post Article

FreeRepublic, LLC, PO BOX 9771, FRESNO, CA 93794
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson