2014 dr uncontested facts final

7/27/2019 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. :

:

-----------------------------------------------------X

"laintiffs Joint Statement of .nconteste* $aterial /acts in Support of 01pe*ite

$otion for Summary Ju*gment an* /inal Declaratory an* /inal 2n3unctie Relie

'''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''

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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2014 dr uncontested facts final

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