DR2015BallotAppealBriefFinal is the link for the PDF of the 2015 DR Party’s case against the Lt. Governor of NJ and other parties on Appeal, in a case that states without exception, that the Lt. Governor of NJ Kim Guadagno lied on NJ election forms as to the count of registered voters in the NJ primaries in 2014 that voted for assemblymen and women and by doing so, violated New Jersey law, section 19:5-1. That law says, “No political party which fails to poll at any primary election for a general election at least 10% of the votes cast in the State for members of the General Assembly at the next preceding general election, held for the election of all of the members of the General Assembly, shall be entitled to have a party column on the official ballot at the general election for which the primary election has been held.”
The state has already calculated that only 240,749 voters voted in the Democratic June 2014 primary, and only 175,316 voted in the Republican primary and both missed the 10% that is required to be a major party in NJ which was 372,197.
The election officials are ordered to explain why the court should not find that “in calculating the 10% threshold in N.J.S.A. 19:5-1 the election official defendants may only count each voter who appeared and participated at the June 3, 2014 Regular Primary Elections and Special Primary Elections ‘once’ or as ’1? toward the numeric threshold of 372,197.”
The Defendants are also ordered to explain why the court shouldn’t declare “that with the correct application of the 10% conditional caveat threshold in N.J.S.A. 19:5-1, that neither defendant Republican Party nor defendant Democratic Party is entitled to preferential ballot placement or a ‘separate party column.’ and that at this point, the only solution is to toss out the entire results of the 2014 Nov 3rd Elections and redo the election per the laws of NJ. Lt. Governor Kim Gaudagno and Governor Christie has a lot of explaining to do on why they allowed this to happen a second time when in 2013, Superior Court Judge Mary Jacobson, (The same judge that ordered Christie to fund the NJ Pension plan in full per the laws of NJ) ruled that they had broken NJSA 19:5-1 in the 2013 NJ Special Election and ordered them to pay attorney fees. I don’t think attorney fees are going to cut it this time.