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LESNIAK v. BUDZASH

133 N.J. 1 (1993)

626 A.2d 1073

RAYMOND LESNIAK, PETITIONER-RESPONDENT AND CROSS-APPELLANT, v. JOHN BUDZASH, RESPONDENT-APPELLANT AND CROSS-RESPONDENT, AND DANIEL J. DALTON, SECRETARY OF STATE OF NEW JERSEY, RESPONDENT-RESPONDENT. IN THE MATTER OF THE REPUBLICAN PRIMARY ELECTION FOR STATE SENATE, 24TH DISTRICT, A/K/A KAMIN V. DAGGETT.

The Supreme Court of New Jersey.

Decided May 3, 1993.

Opinion Filed July 7, 1993.

Attorney(s) appearing for the Case

Barry S. Segall argued the cause for appellant and cross-respondent, John L. Budzash (Toll & Segall, attorneys).

Gary A. Kraemer argued the cause for appellant George T. Daggett (Daggett & Kraemer, attorneys).

John E. Harrington argued the cause for respondent and cross-appellant and submitted a letter brief on behalf of amicus curiae New Jersey Democratic Party.

Alfred E. Ramey, Jr., Assistant Attorney General, argued the cause for respondent Daniel J. Dalton, Secretary of State of New Jersey (Robert J. Del Tufo, Attorney General of New Jersey, attorney).

Donald L. Kovach argued the cause for respondent Richard Kamin (Kovach, Fitzgibbons & Goovaerts, attorneys).

Carl J. Mayer, amicus curiae, argued the cause pro se.

Thomas W. Rubino argued the cause on behalf of amicus curiae Donald C. Addison, Jr. (Hartsough, Kenny, Innes & Kline, attorneys).

The opinion of the Court was delivered by GARIBALDI, J.

N.J.S.A. 19:23-7 requires that the signers of primary nomination petitions be "qualified voters of the State" and, among other things, that they be members of the political party of the candidate nominated by the petition. This appeal presents two questions: first, whether unregistered voters are "qualified voters" under N.J.S.A. 19:23-7; and second, whether unaffiliated voters are, for purposes...

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