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FRIEDLAND v. STATE

149 N.J. Super. 483 (1977)

374 A.2d 60

DAVID FRIEDLAND, MARJORIE McARTHUR, JEAN R. TOBLER, LIONEL L. LAZEROW AND MARCIJANE KRAFT, PLAINTIFFS, v. STATE OF NEW JERSEY, JOSEPH BRADY, SUPERINTENDENT OF ELECTIONS OF HUDSON COUNTY, AND THE RESPECTIVE COMMISSIONERS OR SUPERINTENDENTS OF THE COUNTY BOARDS OF ELECTIONS OF EACH OF THE 21 COUNTIES, AND JAMES F. QUINN, COUNTY CLERK OF HUDSON COUNTY, AND THE RESPECTIVE COUNTY CLERKS OF EACH OF THE 21 COUNTIES, DEFENDANTS.

Superior Court of New Jersey, Law Division.

Decided April 6, 1977.

Attorney(s) appearing for the Case

Mr. David Friedland appeared pro se and for plaintiffs (Messrs. Friedland & Friedland, attorneys).

Mr. Gregory E. Nagy, Deputy Attorney General, for defendants State of New Jersey, Joseph Brady, Superintendent of Elections of Hudson County, and the respective Commissioners of the County Boards of Elections of each of the 21 counties (Mr. William F. Hyland, Attorney General of New Jersey, attorney).

Mr. Peter G. Stewart, Essex County Counsel, for defendant Nicholas V. Caputo, Clerk of the County of Essex (Mr. Francis Patrick McQuade, County Counsel, attorney).

Mr. Michael A. Russoniello, Assistant County Counsel, for James F. Quinn, Clerk of the County of Hudson (Mr. Harold J. Ruvoldt, Jr., County Counsel, attorney).

KENTZ, J.S.C.

This action was commenced by an order to show cause and a verified complaint wherein plaintiffs challenge the constitutionality of N.J.S.A. 19:23-45 (hereinafter the Primary Elections Law) and seek a declaratory judgment declaring the statute null and void and also injunctive relief enjoining the respective defendants from acting thereunder.

The pertinent section of the Primary Elections Law as recently amended in L. 1976, c...

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