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CATANIA v. HABERLE

123 N.J. 438 (1990)

588 A.2d 374

FRANK CATANIA, A CANDIDATE FOR MEMBERSHIP IN THE NEW JERSEY STATE ASSEMBLY REPRESENTING THE THIRTY-FIFTH LEGISLATIVE DISTRICT, PASSAIC COUNTY REPUBLICAN COUNTY COMMITTEE, A STATUTORILY RECOGNIZED COUNTY ORGANIZATION FOR THE REPUBLICAN PARTY, THE BERGEN COUNTY REPUBLICAN COUNTY COMMITTEE, A STATUTORILY RECOGNIZED COUNTY ORGANIZATION FOR THE REPUBLICAN PARTY, PLAINTIFFS-APPELLANTS, AND NEW JERSEY REPUBLICAN STATE COMMITTEE, PLAINTIFF-INTERVENOR-APPELLANT, v. JOAN HABERLE, SECRETARY OF STATE OF THE STATE OF NEW JERSEY, DEFENDANT-RESPONDENT.

The Supreme Court of New Jersey.

Decided October 2, 1990.

Opinion filed April 10, 1991.

Attorney(s) appearing for the Case

Jerome M. Vogel argued the cause for appellants (Jeffer, Hopkinson, Vogel, Coomber & Peiffer, attorneys; and Jose R. Santiago, on the letter brief). Edward Gross argued the cause for intervenor-appellant.

David Dembe, Deputy Attorney General, argued the cause for respondent (Robert J. Del Tufo, Attorney General of New Jersey, attorney).

The opinion of the Court was delivered by WILENTZ, C.J.

The Passaic County Republican Committee and the Bergen County Republican Committee selected plaintiff Frank Catania as their party's candidate to run in a special election for the New Jersey Assembly. As explained below, the primary that preceded the special election failed to produce a Republican candidate. The Republican County Committees took the position that such failure resulted in a vacancy that they were...

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