2014 DR Uncontested Facts FINAL
Transcript of 2014 DR Uncontested Facts FINAL
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-----------------------------------------------------X Superior Court of New Jersey
Democratic-Republican Organization of : Law Diision ! Ciil "art
New Jersey# an unincorporated association, : $ercer County
et als., :
: Doc%et No& ''''''''''''''''
Plaintiffs# :
:
vs. :
:
(imberly )ua*agno#N.J. Lt. Governor / :
Sec. of State, et als., : Civil Action:
Defendants, :
:
and :
:
+an% Sc,roe*er, candidate for U.S. Senate, :
et als., :
:
Interested Parties. :
:
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"laintiffs Joint Statement of .nconteste* $aterial /acts in Support of 01pe*ite
$otion for Summary Ju*gment an* /inal Declaratory an* /inal 2n3unctie Relie
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1. The most recent statewide Regular General Election in Ne
Jersey for all members of the New Jersey General Assembly was hel
on Tuesday November 8, 2!"# At that Regular General Election ther
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were a total of ",$2!,%$! votes cast for the o&ce of Gener
Assembly# (See Plaintifs Veried Complaint at paragraph 91)
90. 'n (ecember ", 2!" defendant Guadagno issued a documen
entitled )*erti+cate of olitical arties- .ursuant to the statutor
mandate of N.J.S.A. !%/!20!# (See Plaintifs Veried Complain
at paragraph 92).
2. 1n the )*erti+cation of olitical arties- defendant Guadagn
certi+ed that the candidates with the designation )Re.ublican
received !,%$,"28 of the votes cast at the November 8, 2!
Regular General Election, that the candidates with the designatio
)(emocratic- received !,$%",2" of the votes cast at the Novembe
8, 2!" Regular General Election, and that each number e3ceeds te
.er centum 4!56 of the total of ",$2!,%$! votes cast for the o&ce o
General Assembly, and that as such both the Re.ublican an
(emocratic .olitical .arties were therefore o&cially certi+ed an
designated under New Jersey Election 7aws Title !% as a )statutor
.olitical .arty- .ursuant to N.J.S.A. !%/!20!# (See Plaintifs
Veried Complaint at paragraph 93).
3. 1n early ebruary 2!9, long time incumbent :ember o
*ongress Robert Andrews of the irst (istrict in New Jerse
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announced his resignation from *ongress e;ective immediately# Th
resignation left a vacancy in the o&ce, and left the citi une3.ired term 4until Januar
", 2!6 and that the winner of the November 9, 2!9 Regula
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General Election will tae o&ce for their own 2 year term
commencing on January ", 2!# 1t is entirely .ossible that th
winner of the )@.ecial General Election- for the % wees remaining i
Andrews> une3.ired term may be di;erent from the winner of the
year regular term# (See Plaintifs Veried Complaint a
paragraph 95).
5. 'n June ", 2!9 the Regular rimary Elections and @.eci
rimary Elections were held, and the winners of the elections for th
right to see the res.ective o&ces as candidates on the subseBuen
November 9, 2!9 Regular General Election Callot 4and in the case o
the irst (istrict, the @.ecial General Election Callot6 wer
subseBuently declared# (See Plaintifs Veried Complaint a
paragraph 9).
. 'n or before June ", 2!9, the .lainti; candidates and th
)interested .arties- who are not the candidates of either of the tw
statutory .olitical .arties, +led their res.ective )Nominating etitions
and lawfully obtained access to the November 9, 2!9 Regula
General Election Callot andDor the November 9, 2!9 @.ecial Genera
Election in (istrict ! for the various o&ces that they each see# (Se
Plaintifs Veried Complaint at paragraph 9!).
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!. At the June ", 2!9 rimary Elections neither the Re.ublica
arty nor the (emocratic arty had more than "$2,!%$ voters a..ea
and .artici.ate and cast a ballot in the rimary Election# The numbe
"$2,!%$ is !5 of ",$2!,%$! 4the same number necessary to achiev
)statutory .olitical .arty status- under N.J.S.A. !%/!0! which resulte
in the N.J.S.A. !%/!20! )*erti+cate of olitical arties- found a
)E3hibit A-# 1n fact, each .arty had well less than !8, vote
a..ear and .artici.ate, well less than 5 of the number o
.artici.ants that they would have needed to meet the !5 conditio
in N.J.S.A. !%/0! so as to be entitled to the ballot location .referenc
in N.J.S.A. !%/!20!# 'therwise states, neither the Re.ublican o
(emocratic statutory .olitical .arties met the !5 threshold
N.J.S.A. !%/0!, so as a matter of law 4determined by sim.le math
neither the Re.ublican or (emocratic statutory .olitical .arty may b
allowed ballot location .reference in N.J.S.A. !%/!20!# (Se
Plaintifs Veried Complaint at paragraph 9").
". Notwithstanding this sim.le clear fact, and contrary to law, lat
in the day on riday August 8, 2!9 defendant Guadagno issued
certi+cation declaring that the Re.ublican statutory .olitical .arty an
the (emocratic statutory .olitical .arty Buali+ed for the .referenti
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ballot .osition and .osition draw .rovided for in N.J.S.A. !%/!20!#
that August 8, 2!9 certi+cation defendant Guadagno merely state
in conclusory terms that each statutory .olitical .arty had Buali+e
for the .referential ballot .osition and .osition draw
) as that party polled at least 372,197votes at the June 3, 2014 primaryelection, hich vote constitutes at leastten per centum !10"# o$ the votes castin the State $or %em&er o$ the 'eneral
Assem&ly F#-
(See Plaintifs Veried Complaint at paragraph 99).
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