New Jersey Democratic Party, Inc. v. Samson, 175 N.J. 178

Summary

The Supreme Court of New Jersey held that the New Jersey Democratic State Committee could replace Senator Robert Torricelli as its 2002 United States Senate candidate after his withdrawal, despite the vacancy occurring outside the statutory time period. The court interpreted the election law in light of the competing interests of voter choice and orderly election administration and ordered revised ballots, subject to administrative feasibility.

Holdings

1. N.J.S.A. 19:13-20 does not expressly prohibit filling a vacancy created after the statutory forty-eight-day period. When the statute is silent, it must be interpreted according to its fundamental purpose and probable legislative intent, which favor preserving voters' opportunity to choose among candidates.
2. A replacement candidate could be substituted for Torricelli because the record showed sufficient time to prepare revised ballots and conduct the election in an orderly manner without adversely affecting qualified voters' ability to participate.
3. The Court could require the Attorney General to oversee revised-ballot preparation and voter notification, place priority on military and overseas ballots, require plaintiffs to pay implementation costs, and authorize Judge Linda R. Feinberg to supervise the statewide process.

Questions Presented

1. Whether N.J.S.A. 19:13-20 permits a political party's State Committee to select a replacement candidate for a vacancy caused by a major-party candidate's withdrawal less than forty-eight days before the general election.
2. Whether candidate substitution could be ordered on the record presented without disenfranchising voters or disrupting the orderly administration of the election, particularly military and overseas absentee voting.
3. Whether the Court could grant relief requiring revised ballots, expedited mailing, supervision of the process, and payment of associated costs.

Disposition

other