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N.J. conservatives deserve a "Torricelli" on Chris Christie
Star-Ledger ^ | 7/19/2009 | Paul Mulshine

Posted on 07/21/2009 6:32:17 AM PDT by NewJerseyJoe

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To: exit82
Steve Lonegan is the real deal as a Conservative.Christie was a poser as a Conservative.

How were you able to make that determination?

We will have to make that same determination at the national level when RINO posers go up against Sarah in the next election cycle.


21 posted on 07/21/2009 7:58:18 AM PDT by Donald Rumsfeld Fan (Sarah Palin is our Iron Lady from the North)
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To: Donald Rumsfeld Fan
How were you able to make that determination?

I followed Steve's career in NJ, as mayor of Bogota and as a candidate.

It was obvious from the start that Christie, while a good federal prosecutor, was the "anointed one" by the RINOS. The RINOS know that the time is ripe in NJ for a Conservative to beat back the excesses of the Dems, but the RINOS, who are in bed politically with the Dems to begin with, wanted no part of someone who would actually rock the boat.

The same scenario has been played out before in NJ politics. Whitman was the last straw for me.

As for the national scene, to me, Sarah is the only one who is not a RINO.

22 posted on 07/21/2009 8:04:22 AM PDT by exit82 (Sarah Palin is President No. 45. Get behind her, GOP, or get out of the way.)
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To: exit82

Was he really a good federal prosecutor? Or did he do enough to appear as one? Because he never followed through on NJ coming into compliance with HAVA Act. And, as per Chris Christie, we were under federal orders not to have another election until we did. He he followed up on his own orders, we wouldn’t have Corzine in office now.


23 posted on 07/21/2009 8:14:59 AM PDT by Calpernia (DefendOurFreedoms.Org)
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http://www.usdoj.gov/crt/voting/nvra/nj_comp.pdf

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEW JERSEY

UNITED STATES OF AMERICA, )
)
Plaintiff, )
)
v. ) Civil Action No. 06-4889 (JLL)
)
STATE OF NEW JERSEY; and )
STUART RABNER Attorney General, )
in his official capacity, )
)
Defendants. )
_______________________________________)

COMPLAINT

Plaintiff, the United States of America, alleges:

1. The Attorney General of the United States hereby files this action on behalf of the United States of America to enforce the requirements of Section 303(a) of the Help America Vote Act of 2002 (”HAVA”), 42 U.S.C. § 15483(a), and to enforce the voter registration list maintenance requirements of Section 8 of the National Voter Registration Act of 1993 (”NVRA”), 42 U.S.C. § 1973gg-6, with respect to the conduct of elections for federal office in the State of New Jersey.

JURISDICTION AND VENUE

2. This Court has jurisdiction of this action pursuant to 28 U.S.C. §§ 1331, 1345 and 42 U.S.C. §§ 1973gg-9(a), 15511.

3. Venue for this action is proper in the United States District Court for the District of New Jersey, pursuant to 28 U.S.C. §§ 110, 1391(b).

PARTIES

4. Plaintiff UNITED STATES OF AMERICA seeks declaratory and injunctive relief pursuant to Section 401 of HAVA, 42 U.S.C. § 15511, and Section 11(a) of the NVRA, 42 U.S.C. § 1973gg-9(a); and pursuant to the Declaratory Judgment Act, 28 U.S.C. §§ 2201 and 2202, all of which authorize the Attorney General to bring this suit.

5. Defendant STATE OF NEW JERSEY is a State of the United States of America and is subject to the requirements of HAVA and the NVRA, including specifically those provisions that concern the implementation of a computerized statewide voter registration list, and the conduct of list maintenance in elections for federal office. See 42 U.S.C. §§ 15483(a), 1973gg-6(a).

6. Defendant STUART RABNER is the Attorney General for the State of New Jersey and is responsible for taking official action on behalf of the State to comply with the requirements of HAVA and the NVRA. 42 U.S.C. § 15403(e); 42 U.S.C. § 1973gg-8; NJ Stat. Ann. §§ 19:31-6a, 19:31-31. He is sued in his official capacity.

SECTION 303(a) OF HAVA

7. On October 29, 2002, HAVA was signed into law by the President of the United States. 42 U.S.C. §§ 15301-15545. Title III of HAVA (Sections 301 to 303) includes certain “uniform and nondiscriminatory election technology and administration requirements” which apply in elections for federal office. 42 U.S.C. §§ 15481-15483.

8. New Jersey is covered by, and was required to comply with, the requirements of Section 303(a) of HAVA with respect to elections for federal office, on and after January 1, 2006. 42 U.S.C. §§ 15483(d)(1)(B).

9. Section 303(a) of HAVA, entitled “Computerized Statewide Voter Registration List Requirements,” requires that ‘each State, acting through the chief State election official, shall implement, in a uniform and nondiscriminatory manner, a single, uniform, official, centralized, interactive computerized statewide voter registration list defined, maintained, and administered at the State level.” Section 303(a) applies to all States that require voter registration for elections for federal office. 42 U.S.C. §§ 15483(a).

10. The statewide computerized voter registration system must, among other things, satisfy the following requirements:

(a) The list shall serve as the single system for storing and managing the official list of registered voters throughout the State, 42 U.S.C. § 15483(a)(1)(A)(i);

(b) The list must contain the name and registration information of, and must assign a unique identifier to, each legally registered voter in the State, 42 U.S.C. §§ 15483(a)(1)(A)(ii)-(iii);

(c) The list must be coordinated with other agency databases within the State, 42 U.S.C. § 15483(a)(1)(A)(iv); and

(d) The list must serve as the official voter registration list for the conduct of all elections for federal office in the State, 42 U.S.C. § 15483(a)(1)(A)(viii).

11. Section 303(a) of HAVA also requires State election officials to ensure that the computerized list is accurate and current by: (i) ensuring that all registered voters are included in the list; (ii) removing only the names of voters who are not registered to vote or who are otherwise ineligible to vote; (iii) removing duplicate names from the computerized list; and (iv) implementing safeguards to ensure that eligible voters are not removed from the list in error. 42 U.S.C. §§ 15483(a)(2), 15483(a)(4).

12. Section 303(a) further prohibits a State from accepting or processing a registration application that does not include the applicant’s driver’s license number or, if the applicant does not have a driver’s license, the last four numbers of his social security number. If an applicant has not been issued either identification number, the State must assign a unique identifying number for voter registration purposes. 42 U.S.C. § 15483(a)(5).

SECTION 8 OF THE NVRA

13. On May 20, 1993, the President of the United States signed into law the NVRA, 42 U.S.C. § 1973gg, et seq., and it became effective in the State of New Jersey on January 1, 1995.

14. Section 8 of the NVRA generally sets forth a State’s obligation to ensure that eligible voters are not improperly removed, and that voters who become ineligible are removed, from the State’s registration list for elections for federal office. 42 U.S.C. § 1973gg-6.

15. Under Section 8(a)(3) of the NVRA, the State may only remove a registrant from the official list of registered voters “(A) at the request of the registrant; (B) as provided by State law, by reason of criminal conviction or mental incapacity; or (C) as provided under paragraph (4).” 42 U.S.C. § 1973gg-6(a)(3).

16. Section 8(a)(4) of the NVRA requires a State to conduct a general program that makes a reasonable effort to remove from the registration list all voters who have become ineligible by reason of death or a change in residence. 42 U.S.C. § 1973gg-6(a)(4).

17. New Jersey Annotated Statute 19:4-1(8) generally disenfranchises a voter “[w]ho is serving a sentence or is on parole or probation as the result of a conviction of any indictable offense under the laws of this or another state or of the United States.”

FIRST CAUSE OF ACTION

18. Plaintiff restates and incorporates herein by reference the allegations contained in Paragraphs 1 through 17 of this Complaint.

19. Pursuant to HAVA and New Jersey law, the New Jersey Attorney General is responsible for coordinating the State’s effort to comply with Section 303(a) of HAVA, 42 U.S.C. § 15483(a), which includes the requirement to create a computerized statewide list of registered voters. See N.J. Ann. Stat. §§ 19:31-6a, 19:31-31.

20. The State of New Jersey is not in compliance with several provisions of Section 303(a) of HAVA, and was not in compliance by January 1, 2006.

21. Defendants violations of Section 303(a) of HAVA include the following:

(a) Defendants have not completed a computerized statewide voter registration list that serves as the sole system for managing and storing the State’s list of registered voters, see 42 U.S.C. § 15483(a)(1)(A)(i);

(b) Defendants’ current computerized statewide list does not contain the name and registration information for all legally registered voters in the State, see 42 U.S.C. § 15483(a) (1)(A)(ii);

(c) Defendants cannot use the current computerized statewide list as the official registration list for the November 2006 general election, which include elections for federal office in the State, see 42 U.S.C. § 15483(a)(1)(A)(viii);

(d) Defendants have not performed list maintenance on the statewide computerized registration list by removing duplicate registrations from the list, see 42 U.S.C. § 15483(a)(2)(B)(iii); and

(e) Defendants have not required applicants for voter registration to provide a driver’s license number (if they have such number) or the last four digits of the applicant’s social security number (if the applicant does not have driver’s license number) on voter registration applications, see 42 U.S.C. § 15483(a)(5)(A)(i).

22. As a result of the failure of Defendants to take the actions set forth in Paragraph 21 above, there is no statewide voter registration list in the State of New Jersey that complies with the requirements of Section 303(a) of HAVA.

23. Unless and until ordered to do so by this Court, Defendants will not come into compliance with Section 303(a) of HAVA.

SECOND CAUSE OF ACTION

24. Plaintiff restates and incorporates herein by reference the allegations contained in Paragraphs 1 through 23 of this Complaint.

25. Pursuant to the NVRA and New Jersey law, the New Jersey Attorney General is the chief state election official responsible for the conduct of list maintenance. 42 U.S.C. § 1973gg-8; N.J. Ann. Stat. 19:31-6a.

26. Defendants have not complied with the list maintenance requirements of Sections 8(a)(3) and (4) of the NVRA because:

(a) Defendants have not completed a general program to remove deceased registrants from the State’s official list of registered voters, see 42 U.S.C. § 1973gg-6(a)(4)(A); and

(b) Defendants have not performed or completed a general program that identifies and removes registrants who have had a change of residence, see 42 U.S.C. § 1973gg-6(a)(4)(B).

27. As a result of the Defendants’ failure set forth in Paragraph 26 above, the State of New Jersey has not complied with the list maintenance requirements of Section 8(a) of the NVRA, 42 U.S.C. § 1973-gg(a).

28. Unless and until ordered to do so by this Court, the Defendants will not take timely actions necessary to ensure that list maintenance requirements are performed as required under Section 8 of the NVRA.

PRAYER FOR RELIEF

WHEREFORE, Plaintiff the United States of America prays that this Court enter an order:

A. Declaring that Defendants are not in compliance with Section 303(a) of HAVA, 42 U.S.C. § 15483(a), because, among other things, there is no single, official statewide computerized voter registration list, compliant with HAVA, concerning elections for federal office;

B. Declaring that Defendants are not in compliance with Section 8 of the NVRA, 42 U.S.C. § 1973gg-6, because they have failed to comply with the list maintenance requirements set forth in that section;

C. Enjoining Defendants, their agents and successors in office, and all persons acting in concert with any of them, from failing or refusing to comply promptly with the requirements of Section 303(a) of HAVA;

D. Enjoining Defendants, their agents and successors in office, and all persons acting in concert with any of them, from failing or refusing to comply promptly with the requirements of Section 8 of the NVRA;

E. Ordering Defendants, their agents and successors in office and all persons acting in concert with any of them, promptly to develop a plan, within 30 days of this Court’s order, to remedy the demonstrated violations of Section 303(a) of HAVA; and

F. Ordering Defendants, their agents and successors in office and all persons acting in concert with any of them, promptly to develop a plan, within 30 days of this Court’s order, to remedy the demonstrated violations of Section 8 of the NVRA.

Plaintiff further prays that this Court order such additional relief as the interests of justice may require, together with the costs and disbursements of this action.

Dated: October _12__, 2006
ALBERTO R. GONZALES
Attorney General

By: _______/s/_________________
WAN J. KIM
Assistant Attorney General
Civil Rights Division

_________/s/_______________
CHRISTOPHER CHRISTIE
United States Attorney
District of New Jersey
970 Broad Street, 7th Floor
Newark, NJ 07102

_________/s/________________
JOHN TANNER
Chief, Voting Section

_________/s/_________________
ROBERT D. POPPER
Special Litigation Counsel
M. ERIC EVERSOLE
VERONICA SEUNGWON JUNG
JAMES “NICK” BOEVING
Trial Attorneys
Civil Rights Division
U.S. Department of Justice
Room 7254-NWB
950 Pennsylvania Avenue, NW
Washington, DC 20530
Telephone: 202-305-0526
Facsimile: 202-307-3961

Updated 2008-07-25


24 posted on 07/21/2009 8:17:22 AM PDT by Calpernia (DefendOurFreedoms.Org)
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To: Calpernia

He had something like 130 convictions, where before, no one could find anything amiss.

Whether he just took out lightweights or those destined to be chewed up by the legal grinder by the powers that be, is debatable.

That Christie, not a conservative and not a proven candidate, is the GOP candidate now is proof that Corzine will win in November. He was the candidate on paper who could damage to Corzine, but in reality, he can controlled by the Dems.

Watch for a nailbiter on Election night in NJ. It will be oh-so-close, but Corzine will prevail.

And the exodus from NJ of the producers will commence in full swing. It’s almost at a gallop now.

I just left in front of the herd.


25 posted on 07/21/2009 8:24:57 AM PDT by exit82 (Sarah Palin is President No. 45. Get behind her, GOP, or get out of the way.)
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To: exit82

I embrace the convictions he had. But, look what I posted. NJ was under federal orders via Chris Christie to fix our voter fraud. Corzine’s election wasn’t suppose to happen. Look at the dates, it was right before Corzine’s election. NJ falsifies information and Christie doesn’t follow up. Then he is tapped to run against Corzine on the same voting system that was never fixed to this day.

Something stinks.


26 posted on 07/21/2009 8:34:20 AM PDT by Calpernia (DefendOurFreedoms.Org)
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To: NewJerseyJoe

Bet somebody showed him his FBI files...


27 posted on 07/21/2009 8:39:37 AM PDT by Little Ray (Do we have a Plan B?)
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To: Calpernia

I agree, Calpernia, with your analysis.

In NJ, it seems like laws are fungible. Remember LAutenberg was ineligible to run for the Senate in 2002.

But hey, the NJ Supreme Court said, no problemo, we need more than one candidate in the Senate race for voter choice. Stupid judges, there were four other candidates left when Torricelli dropped out.

Lonergan was a bright shining hope for NJ. The RINOs in NJ saw to it that he was dispatched.

NJ and Humpty Dumpty have much in common.


28 posted on 07/21/2009 8:43:15 AM PDT by exit82 (Sarah Palin is President No. 45. Get behind her, GOP, or get out of the way.)
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To: exit82

Agreed


29 posted on 07/21/2009 8:44:37 AM PDT by Calpernia (DefendOurFreedoms.Org)
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To: Clemenza

I’ve lived almost all my life in Philly and its suburbs, so I know what I’m getting into. I’ll just be happy to get rid of circles and and to be able to make left turns again!


30 posted on 07/21/2009 10:28:59 AM PDT by Claud
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To: Claud

Unless you live on the coast, all of New Jersey below I-195 is an aesthetic/cultural wasteland, and (now) largely Democrat to boot. The Philly suburbs on the PA side are generally more attractive and the property taxes are typically lower. I wish Bucks, Montgomery and Delaware counties would go back to voting GOP like they did in the past, however.


31 posted on 07/21/2009 10:49:46 AM PDT by Clemenza (Remember our Korean War Veterans)
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To: Claud

We moved here to NJ from PA over a decade ago. Now we’re stuck here, but PA is no paradise, either. On 2A rights, PA is the better state, but we’re a homeschool family, and PA is like the Gestapo when it comes to homeschooling.


32 posted on 07/21/2009 11:14:38 AM PDT by Tired of Taxes (Dad, I will always think of you.)
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To: ScottinVA
Does anyone REALLY think a conservative has a snowball’s chance in hell of winning a major election in NJ??

The right candidate could. He or she would have to be able to explain more effectively to the voters why conservative policies work best. If we ever had a chance for a conservative as governor in NJ, this was the year for it to happen. But, the NJGOP machine backed a moderate and trashed the conservative candidate.

33 posted on 07/21/2009 11:26:27 AM PDT by Tired of Taxes (Dad, I will always think of you.)
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To: Tired of Taxes

Yeah, we will be homeschooling so we’ll see that first hand. Jersey, surprisingly, is extremely homeschool friendly.


34 posted on 07/21/2009 11:46:32 AM PDT by Claud
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To: Clemenza

You’re from north Jersey aren’t you! Everyone around here says the exact opposite. :)

And no way will I agree. I like it quite a lot here in Burlington County—one of the nicest parts of Jersey. Plenty of old colonial charm and still lots and lots of nice farms. And we have a good chunk of the Pine Barrens, of course, which are charming in their own way.

As far as the Philly burbs voting GOP...meh...my own interest in that has waned. Either the GOP finds some principles or it can go the way of the Whigs for all I care. Bucks goes for Republicans like Greenwood. *rolling eyes*


35 posted on 07/21/2009 12:05:59 PM PDT by Claud
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To: Claud
Northwest Jersey (Morris, Sussex, Warren, Hunterdon) is the most Republican part of the state, and the most beautiful in terms of terrain. Best place in the NE to go leaf-peeping in the fall. DON'T confuse the two urban counties (Essex and Union) for representing "North Jersey" as a whole.

Most of Burlington County is flat and filled with Obama-voting transplants from Philly (or their children) who all look like they should miss a few meals and live in ugly tract housing (although Gloucester and Camden Counties are far worse in that regard). Like the farms and canoeing in the Pine Barrens, however. It is the BIGGEST county in the state landwise after all. :)

36 posted on 07/21/2009 12:10:41 PM PDT by Clemenza (Remember our Korean War Veterans)
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To: Clemenza

That is beautiful country up there...I’m a mountain person myself. :)

We don’t have much tract housing by us...we’re in town so it’s all old homes. Most of our neighbors’ houses were built in the 1800s.


37 posted on 07/21/2009 12:41:25 PM PDT by Claud
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To: exit82; Donald Rumsfeld Fan
"at the national level when RINO posers go up against Sarah in the next election cycle."

"As for the national scene, to me, Sarah is the only one who is not a RINO."

The fact is, New Jersey is one of the few states where the highest income earners live (for now, not for too much longer) and where Washington has been getting the money to send to states like Alaska.

38 posted on 07/21/2009 1:22:27 PM PDT by Tired of Taxes (Dad, I will always think of you.)
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To: Clemenza
"Most of Burlington County is flat"

Wow, no kidding. I was at my grand aunt's house in Burlington back in the '80s. We got a sudden downpour on her suburban street, and it turned into the Delaware River. I even got out my big rubber boat and sailed down the street like Washington.

39 posted on 07/21/2009 8:34:31 PM PDT by fieldmarshaldj (~"This is what happens when you find a stranger in the Alps !"~~)
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