SCHUNDLER v. John Murphy, Douglas Forrester, Todd Caliguire, and Robert Schroeder, Defendants, (2005)

Supreme Court of New Jersey.

Bret SCHUNDLER, Diane Sank, and Bret2005, Plaintiffs-Respondents, v. Kathleen DONOVAN, in her official capacity as Bergen County Clerk, Steven Lonegan, and Paul DiGaetano, Defendants-Appellants, John Murphy, Douglas Forrester, Todd Caliguire, and Robert Schroeder, Defendants,
Republican County Chairman's Organization and Republican County Committees for the Counties of Bergen, Burlington, Essex, Hudson, Hunterdon, Mercer, Monmouth, Ocean, Salem, Somerset, Sussex, and Passaic, Intervenors-Appellants. Bret Schundler, Richard Bradford, and Richard Bradford a/k/a Bret2005, Plaintiffs, v. James Hogan, Gloucester County Clerk, and/or John Does 1-15 (fictitious defendant(s) who caused damage to plaintiffs), Defendant-Respondent.
Forrester for Governor, Inc., and Douglas Forrester, Individually, Plaintiff, v. Kathleen A. Donovan, Clerk of the County of Bergen, and Paul Digaetano, Steven Lonegan, Defendants-Respondents, Peter Harvey, Attorney General of New Jersey, Todd Caliguire, John Murphy, Robert Schroeder, and Bret Schundler, Defendants.

Decided: May 06, 2005

Ernest P. Fronzuto, Nutley, submitted a brief on behalf of appellant Paul DiGaetano, et al. (A-126) (Piro, Zinna, Cifelli, Paris, & Genitempo, P.C., attorneys). Steven S. Polinsky, East Brunswick, submitted letter briefs on behalf of appellant Steven Lonegan (A-127) (Mr. Polinsky and Cotant, Atkins & Fede, attorneys, Hackensack; Mr. Polinsky and Andrew T. Fede, Hackensack, on the briefs). Mark D. Sheridan, Florham Park, submitted briefs on behalf of appellants Republican County Chairman's Organizations, etc., et al. (A-128) (Drinker, Biddle & Reath, L.L.P.). John M. Carbone, submitted letter briefs on behalf of respondents Kathleen A. Donovan, et al. (Carbone and Faasse, attorneys), Ridgewood. Thaddeus R. Maciag, submitted a brief on behalf of respondents Bret Schundler, et al. (Maciag Law, L.L.C., Somerville; Howes & Howes, Raritan and Barry, McTiernan & Moore, attorneys, New York City; W. Timothy Howes, Raritan and Sean M. Connelly, New York City, on the brief). Peter G. Sheridan, Morristown, submitted letter briefs on behalf of respondents Forrester for Governor, Inc., et al. (Graham, Curtin & Sheridan, attorneys). Douglas F. Doyle, Hawthorne, submitted letter briefs on behalf of respondent John Murphy (Edwards & Caldwell, L.L.C., attorneys; John A. Stone, South Orange, on the briefs).

The judgment is affirmed substantially for the reasons expressed by the Appellate Division in the opinion of Judge Kestin reported at 377 N.J.Super. 339, 872 A.2d 1092 (2005).

We add only the following.

The Appellate Division suggested several possibilities to achieve the results it ordered, including altered type face and ballot reorganization. We note that N.J.S.A. 19:23-26.1 specifically contemplates such a flexible approach insofar as it provides that “in the case of a primary election for the nomination of a candidate for the office of Governor, the names of all candidates for the office of ․ Governor shall be printed on the official primary ballot in the first column or horizontal row designated for the party of those candidates.” (emphasis added). Accord N.J.S.A. 19:49-2.

The question has been raised whether the decision of the Appellate Division applies to all twenty-one counties. We hold that it does.

PER CURIAM.

For affirmance-Chief Justice PORITZ and Justices LONG, ZAZZALI, ALBIN, WALLACE, and RIVERA-SOTO-6. Opposed-None.

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