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31 IN RE ELECTION LAW ENFORCEMENT COMMISSION ADVISORY OPINION NO. 01-2008 -- rank: 806
... were not "ordinary and necessary expenses of holding public office," N.J.S.A. 19:44A-1 to -47, limits the use of campaign funds ... payment of ordinary and necessary expenses of holding public office . [ N.J.S.A. 19:44A-11.2a (emphasis added).] These limitations on the use ... law on March 8, 1993. Based on the legislative amendment, N.J.S.A. 19:44A-11.2a, ELEC, the agency statutorily charged with enforcing the Act, N.J.S.A. 19:44A-6, adopted a regulation specifically directed at the use ... used to achieve election to office, it appears consistent that [ N.J.S.A. 19:44A-11.2a(6)] be understood to permit use of ... subject to any of the reporting requirements of this act. [ N.J.S.A. 19:44A-6f.] The prohibition against "personal use" is currently ...
docket: a2816-07
court: NJ Superior Court Appellate Division
decided: 2008-12-04
status: published
citation: 404 N.J. Super. 29 960 A.2d 413
Document Size: 72498
32 /usr/local/share/www/libweb/collections/courts/appellate/a5807-12.opn.html -- rank: 804
... Elections is nominated and appointed by the Governor, pursuant to N.J.S.A. 19:32-1. Freytes was appointed in 2005 and was responsible ... electoral matters under Title 19, Election Laws of New Jersey, N.J.S.A. 19-1, et seq. Freytes appeals from that decision. Passaic's ... the Governor with the advice and consent of the Senate." N.J.S.A. 19:32-26. Although the Attorney General concedes, "county election officials ... official for the State of New Jersey. Importantly, Title 19, N.J.S.A. 19:1-1 to -63-28, is specifically directed to the ... of elections is restricted to election matters in the county. N.J.S.A. 19:31-2. The legislative scheme requires the county pay costs and funding for the office, N.J.S.A. 19:32-27 to -29 (obligating counties to provide funding ...
docket:
court: NJ Superior Court Law/Chancery Division
decided:
status:
citation:
Document Size: 58478
33 COMMITTEE TO RECALL ROBERT MENENDEZ FROM THE OFFICE OF U.S. SENATOR v. NINA MITCHELL WELLS -- rank: 802
... a notice of intention to recall Senator Menendez, pursuant to N.J.S.A. 19:27A-6, a section of the Uniform Recall Election Law, N.J.S.A. 19:27A-1 to -18, with then-New Jersey Secretary of ... question. On May 17, 1995, the Uniform Recall Election Law, N.J.S.A. 19:27A-1 to -18, was enacted. It implemented the constitutional ... C. 19:25-14.1 to -14.14 ("Recall Elections"). N.J.S.A. 19:27A-2 provides that: Pursuant to Article I, paragraph 2b ... initiated by filing a notice of intention in accordance with N.J.S.A. 19:27A-6, which provides: Prior to collecting any signatures, the ... by law to receive nominating petitions for an elective office. . . [.]" N.J.S.A. 19:27A-3. The Secretary of State receives petitions for ...
docket: a2254-09
court: superior court appellate division
decided: 2010-03-16
status: published
citation: 413 N.J. Super. 435 995 A.2d 1109
Document Size: 131497
34 JAMES KING v. NIDIA R. LOPEZ -- rank: 802
... Raymaker) appeals from a December 4, 2009, judgment dismissing her N.J.S.A. 19:29-1 petition to annul the certification of election issued ... on the ground that this action was time-barred under N.J.S.A. 19:29-3. We affirm but do so on other grounds ... office, a ground for setting aside the election pursuant to N.J.S.A. 19:29-1(b). Finally, he alleged that Raymaker was the ... brought within thirty days of the election as required by N.J.S.A. 19:29-3, and no extenuating circumstances had been shown for ... under the exceptions to the thirty-day time limit of N.J.S.A. 19:29-3. Our appellate review of a trial judge's ... 378 (1995)). We begin with the statutory limitation period of N.J.S.A. 19:29-3, which provides in pertinent part as follows: ...
docket: a2514-09
court: NJ Superior Court Appellate Division
decided: 2010-12-07
status:
citation:
Document Size: 41006
35 IN THE MATTER OF THE NOVEMBER 2, 2010 GENERAL ELECTION FOR THE OFFICE OF MAYOR IN THE BOROUGH OF SOUTH AMBOY -- rank: 802
... O'Connor filed a petition for election contest pursuant to N.J.S.A. 19:29-1, asserting that the votes of three registered voters ... application as to McQuade and the Desais. The judge cited N.J.S.A. 19:29-5 which provides that the proceedings "must be similar ... pertaining to the proposed amendment and the unused provisional ballots. N.J.S.A. 19:29-1(e) provides that the election of any person ... is not "sufficient to change the result" of the election, N.J.S.A. 19:29-1(e), given that Henry was the victor by ... license in the Hazlet office of the Motor Vehicle Commission. N.J.S.A. 19:31-6(b) provides that any person qualified to vote ... Vehicles. See N.J.S.A. 39:2-3.2. N.J.S.A. 19:31-1 provides: "No person shall be permitted to ...
docket: a2499-10
court: NJ Superior Court Appellate Division
decided: 2011-11-23
status: published
citation: 423 N.J. Super. 190 31 A.3d 945
Document Size: 58165
36 COMMITTEE TO RECALL VINCENT R. BARRELLA v. VINCENT R. BARRELLA -- rank: 798
... position as mayor contained 951 signatures and otherwise complies with N.J.S.A. 19:27A-9 and -10. The order directed the municipal recall ... Point Pleasant Beach on December 8, 2008, as required by N.J.S.A. 19:27A-6. After several attempts, its form of petition, seeking ... Recall Election Official on March 10, 2009. As permitted by N.J.S.A. 19:27A-8(c), the petition did not provide reasons for ... then began to solicit signatures for the petition. Pursuant to N.J.S.A. 19:27A-5, in order to initiate a recall election, a ... signatures. On June 23, 2009, before the statutory deadline under N.J.S.A. 19:27A-10 had run, the petition was filed with the ... signatures, substantially more than the minimum required. In accordance with N.J.S.A. 19:27A-11, the municipal election official reviewed the petition ...
docket: a3026-09
court: NJ Superior Court Appellate Division
decided: 2010-05-24
status: unpublished
citation:
Document Size: 45707
37 /usr/local/share/www/libweb/collections/courts/appellate/a2858-12a2985-12.opn.html -- rank: 787
... which permits business entities to compete for a municipal contract. N.J.S.A. 19:44A-20.3. This is required when a municipality wishes ... to an elected municipal official in the preceding twelve months. N.J.S.A. 19:44A-20.5. The "Campaign Contributions and Expenditures Reporting Act," N.J.S.A. 19:44A-1 to -47, commonly referred to as the "pay ...
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court: NJ Superior Court Law/Chancery Division
decided:
status:
citation:
Document Size: 87356
38 The New Jersey Democratic Party, Inc., et al. v. Hon. David Samson, et al. -- rank: 785
... of explicit direction from the Legislature, the Court has construed N.J.S.A. 19:13-20 to promote the goals underlying our election laws ... be filled. R.S. 19:13-20 (current version at N.J.S.A. 19:13-20 (1985)). Because the candidate had died outside of ... election. In respect of candidates nominated through the primary system, N.J.S.A. 19:13-20 states, In the event of a vacancy, howsoever ... a vacancy created outside of the statutory window. Nothing in N.J.S.A. 19:13-20 addresses the precise question whether a vacancy that ... election or general election shall have been held” pursuant to N.J.S.A. 19:3-26. Plaintiffs contend that the time frame specified in ... statutory time frame. We think plaintiffs have the better argument. N.J.S.A. 19:13-20 simply does not contain a legislative declaration ...
docket: a-24-02
court: njsupreme
decided: 2002-10-02
status:
citation: 175 N.J. 178
Document Size: 65345
39 Mehlman v. Mobil Oil Corporation -- rank: 772
... him in violation of the Conscientious Employee Protection Act (CEPA), N.J.S.A. 19-1 to -8. After a ten-day trial, a jury ...
docket: a-5-97
court: njsupreme
decided: 1998-03-26
status:
citation: 153 N.J. 163
Document Size: 115207
40 TOWN OF HARRISON BOARD OF EDUCATION v. BARBARA NETCHERT -- rank: 761
... or beyond the scope of the Borough’s authority under N.J.S.A. 19:37-1; (2) plaintiff will not be harmed by the ... sending-receiving relationship, East Newark has no statutory authority under N.J.S.A. 19:37-1 to place the referendum question on the ballot ... Division, in a recent case considering compliance with deadlines in N.J.S.A. 19:37-1 to 19:37-5, concluded that “the ... public importance relating to compliance with the elections law under N.J.S.A. 19:37-1, and thus warrants a finding that standing exists ... issues of significant public importance relating to the legality, under N.J.S.A. 19:37-1, of East Newark’s efforts to place a ... Plaintiff contends that the referendum question is patently invalid under N.J.S.A. 19:37-1. Plaintiff relies heavily on Botkin v. Mayor & ...
docket: l-4074-14
court: New Jersey Superior Court Trial Division
decided: 2014-10-20
status:
citation: 439 N.J.Super. 164 106 A.3d 1273
Document Size: 79348
41 /usr/local/share/www/libweb/collections/courts/trial/harrisonboe-v-netchert.opn.html -- rank: 759
... or beyond the scope of the Borough’s authority under N.J.S.A. 19:37-1; (2) plaintiff will not be harmed by the ... sending-receiving relationship, East Newark has no statutory authority under N.J.S.A. 19:37-1 to place the referendum question on the ballot ... Division, in a recent case considering compliance with deadlines in N.J.S.A. 19:37-1 to 19:37-5, concluded that “the ... public importance relating to compliance with the elections law under N.J.S.A. 19:37-1, and thus warrants a finding that standing exists ... issues of significant public importance relating to the legality, under N.J.S.A. 19:37-1, of East Newark’s efforts to place a ... Plaintiff contends that the referendum question is patently invalid under N.J.S.A. 19:37-1. Plaintiff relies heavily on Botkin v. Mayor & ...
docket:
court: NJ Superior Court Law/Chancery Division
decided:
status:
citation:
Document Size: 79493
42 /usr/local/share/www/libweb/collections/courts/appellate/cityoforangetownshipboardofeducationv.cityoforangetownship.opn.html -- rank: 754
... s November 8, 2016, ballot—were misleading and contrary to N.J.S.A. 19:3-6 in that they did not adequately inform the ... the public question and interpretive statement both fully complied with N.J.S.A. 19:3-6, as both satisfactorily informed the voters of the ... 8, 2016, ballot—were misleading and contrary to law, specifically N.J.S.A. 19:3-6. The municipal public question stated as follows: â ... the municipal public question and interpretive statement substantially comply with N.J.S.A. 19:3-6. The Rutgers University Constitutional Law Clinic, on behalf ... this case is that voters were not advised, pursuant to N.J.S.A. 19:3-6, of the “true purpose” of the municipal ... prong, it is necessary to look to the relevant statute. N.J.S.A. 19:3-6 provides as follows: Any public question voted ...
docket:
court: NJ Superior Court Law/Chancery Division
decided:
status:
citation:
Document Size: 59745
43 COUNCIL OF ALTERNATIVE POLITICAL PARTIES, et al. v. STATE OF NEW JERSEY, DIVISION OF ELECTIONS et al. -- rank: 754
... plaintiffs sought to declare the statutory definition of "political party," N.J.S.A. 19:23-45, which prohibits a voter from declaring a party ... the narrow issue presented by this appeal is in order. N.J.S.A. 19:1-1 defines "political party" as         a party which, at ... a political party may nominate candidates at a primary election. N.J.S.A. 19:5-1.     Voters are allowed to affiliate with any of ... the recognized political parties and to vote in the primaries. N.J.S.A. 19:31-18, -18.1. Recognized political parties, however, receive this ... same result. Accordingly, he declared this State's affiliation scheme, N.J.S.A. 19:23-45 and 19:31-18.1, unconstitutional because it ... state officials, and is produced without cost to these parties. N.J.S.A. 19:31-18.1a. See footnote 4 4 The different ...
docket: a5701-99
court: njappellate
decided: 2001-09-10
status: published
citation: *CITE_PENDING*
Document Size: 65971
44 COUNCIL OF ALTERNATIVE POLITICAL PARTIES et al. v. STATE OF NEW JERSEY, DIVISION OF ELECTIONS -- rank: 754
... plaintiffs sought to declare the statutory definition of "political party," N.J.S.A. 19:23-45, which prohibits a voter from declaring a party ... the narrow issue presented by this appeal is in order. N.J.S.A. 19:1-1 defines "political party" as         a party which, at ... a political party may nominate candidates at a primary election. N.J.S.A. 19:5-1.     Voters are allowed to affiliate with any of ... the recognized political parties and to vote in the primaries. N.J.S.A. 19:31-18, -18.1. Recognized political parties, however, receive this ... same result. Accordingly, he declared this State's affiliation scheme, N.J.S.A. 19:23-45 and 19:31-18.1, unconstitutional because it ... state officials, and is produced without cost to these parties. N.J.S.A. 19:31-18.1a. See footnote 4 4 The different ...
docket: a5698-99
court: njappellate
decided: 2001-09-10
status: published
citation: 344 N.J. Super. 225
Document Size: 65987
45 In re Plan for the Abolition of the Council on Affordable Housing -- rank: 752
... they are located. They include the Election Law Enforcement Commission, N.J.S.A. 19:44A-5 (within Department of Law and Public Safety); the ... for cause members of Highlands Water Protection and Planning Council); N.J.S.A. 19:44A-5 (giving Governor power to appoint members of Election ... A. 13:1B-15.119, the Election Law Enforcement Commission, N.J.S.A. 19:44A-5, and the State Ethics Commission, N.J.S ...
docket: A-127-11
court: NJ Supreme Court
decided: 2013-07-10
status:
citation:
Document Size: 259342
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