-----------------------------------------------------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 Relief '''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''' 1. The most recent statewide Regular General Election in New Jersey for all members of the New Jersey General Assembly was held on Tuesday November 8, 2!"# At that Regular General Election there 1 were a total of ",$2!,%$! votes cast for the o&ce of General Assembly# (See Plaintifs Verifed Complaint at paragraph 91). 90. 'n (ecember ", 2!" defendant Guadagno issued a document entitled )*erti+cate of ,olitical ,arties- .ursuant to the statutory mandate of N.J.S.A. !%/!20!# (See Plaintifs Verifed Complaint at paragraph 92). 2. 1n the )*erti+cation of ,olitical ,arties- defendant Guadagno certi+ed that the candidates with the designation )Re.ublican- received !,%$,"28 of the votes cast at the November 8, 2!" Regular General Election, that the candidates with the designation )(emocratic- received !,$%",22" of the votes cast at the November 8, 2!" Regular General Election, and that each number e3ceeds ten .er centum 4!56 of the total of ",$2!,%$! votes cast for the o&ce of General Assembly, and that as such both the Re.ublican and (emocratic .olitical .arties were therefore o&cially certi+ed and designated under New Jersey Election 7aws Title !% as a )statutory .olitical .arty- .ursuant to N.J.S.A. !%/!20!# (See Plaintifs Verifed Complaint at paragraph 93). 3. 1n early 8ebruary 2!9, long time incumbent :ember of *ongress Robert Andrews of the 8irst (istrict in New Jersey 2 announced his resignation from *ongress e;ective immediately# This resignation left a vacancy in the o&ce, and left the citi<ens and .eo.le of the 8irst (istrict without any re.resentation in the =ouse of Re.resentatives# As such, somewhat contem.oraneous to Andrews> resignation, Governor *hris *hristie signed a )?rit of Election- on 8ebruary !8, 2!9 calling for a )@.ecial Election- to re.lace Andrews# 4See Plaintifs Verifed Complaint at paragraph 94). 4. The ?rit of Election declared that the )@.ecial Election- was to be held contem.oraneous to the ne3t Regular General Election in New Jersey on November 9, 2!9# The )?rit of Election- also declared that the )statutory .olitical .arties- would have to choose their res.ective candidates at a )@.ecial ,rimary Election- which was to be held on the same day and simultaneous to the u.coming June ", 2!9 )regular ,rimary Election-, and further declared that the candidates of )other .olitical .arties- or inde.endent candidates would have to +le their nominating .etitions by June ", 2!9# As Andrews term was ending, the .ractical e;ect is that the November 9, 2!9 @.ecial General Election winner will taAe o&ce )immediately- for the % weeAs remaining in Andrews> une3.ired term 4until January ", 2!26 and that the winner of the November 9, 2!9 Regular 3 General Election will taAe o&ce for their own 2 year term commencing on January ", 2!2# 1t is entirely .ossible that the winner of the )@.ecial General Election- for the % weeAs remaining in Andrews> une3.ired term may be di;erent from the winner of the 2 year regular term# (See Plaintifs Verifed Complaint at paragraph 95). 5. 'n June ", 2!9 the Regular ,rimary Elections and @.ecial ,rimary Elections were held, and the winners of the elections for the right to seeA the res.ective o&ces as candidates on the subseBuent November 9, 2!9 Regular General Election Callot 4and in the case of the 8irst (istrict, the @.ecial General Election Callot6 were subseBuently declared# (See Plaintifs Verifed Complaint at paragraph 9). . 'n or before June ", 2!9, the .lainti; candidates and the )interested .arties- who are not the candidates of either of the two statutory .olitical .arties, +led their res.ective )Nominating ,etitions- and lawfully obtained access to the November 9, 2!9 Regular General Election Callot andDor the November 9, 2!9 @.ecial General Election in (istrict ! for the various o&ces that they each seeA# (See Plaintifs Verifed Complaint at paragraph 9!). 4 !. At the June ", 2!9 ,rimary Elections neither the Re.ublican ,arty nor the (emocratic ,arty had more than "$2,!%$ voters a..ear and .artici.ate and cast a ballot in the ,rimary Election# The number "$2,!%$ is !5 of ",$2!,%$! 4the same number necessary to achieve )statutory .olitical .arty status- under N.J.S.A. !%/!0! which resulted in the N.J.S.A. !%/!20! )*erti+cate of ,olitical ,arties- found at )E3hibit A-# 1n fact, each .arty had well less than !8, voters a..ear and .artici.ate, well less than 25 of the number of .artici.ants that they would have needed to meet the !5 condition in N.J.S.A. !%/20! so as to be entitled to the ballot location .reference in N.J.S.A. !%/!20!# 'therwise states, neither the Re.ublican or (emocratic statutory .olitical .arties met the !5 threshold in N.J.S.A. !%/20!, so as a matter of law 4determined by sim.le math6 neither the Re.ublican or (emocratic statutory .olitical .arty may be allowed ballot location .reference in N.J.S.A. !%/!20!# (See Plaintifs Verifed Complaint at paragraph 9"). ". Notwithstanding this sim.le clear fact, and contrary to law, late in the day on 8riday August 8, 2!9 defendant Guadagno issued a certi+cation declaring that the Re.ublican statutory .olitical .arty and the (emocratic statutory .olitical .arty Buali+ed for the .referential 5 ballot .osition and .osition draw .rovided for in N.J.S.A. !%/!20!# 1n that August 8, 2!9 certi+cation defendant Guadagno merely stated in conclusory terms that each statutory .olitical .arty had Buali+ed for the .referential ballot .osition and .osition draw E )E as that party polled at least 372,197 votes at the June 3, 2014 primary election, hich vote constitutes at least ten per centum !10"# o$ the votes cast in the State $or %em&er o$ the 'eneral Assem&ly E F#G- (See Plaintifs Verifed Complaint at paragraph 99).