New Jersey has a very old election law which could deprive the Republican Party of its own party column in the October 16, 2013 special U.S. Senate election. Section 19:15-1 says “No political party which fails to poll at any primary election for a general election at least 10% of the votes cast in the State for members of the General Assembly at the next preceding general election shall be entitled to have a party column on the official ballot at the general election for which the primary election has been held.”
In other words, even if a party is ballot-qualified and meets the state’s definition of “party”, it still isn’t automatically qualified for its own party column on the general election, if its primary turnout is quite low.
At the primary election for U.S. Senate election on August 13, 2013, the number of votes cast in the Republican Party primary was only 130,340 votes, which is far less than 10% of the vote cast for General Assembly at the 2011 election. Ten percent of the November 2011 vote is 259,775.
One of the independent candidates in the U.S. Senate election, Eugene LaVergne, filed a lawsuit on September 13, asking that the law be enforced and that the October 16, 2013 general election ballots place the Republican nominee, Steve Lonegan, in the same column in which all the independent candidates are listed. Normal New Jersey ballots in almost all counties have party columns, one headed “Democratic”, one headed “Republican” and one headed “By Petition.” The definition of “political party” in New Jersey is so stringent, no parties other than the Democratic and Republican Parties have been ballot-qualified since before 1920. The case is LaVergne v Lonegan, Mercer County L-1933-13.
However, the lawsuit will probably run up against the problem that the law defines “general election” to be “the annual election to be held on the first Tuesday after the first Monday in November.” Therefore, the special election for U.S. Senate would seem not to be a “general election.” The lawsuit will be heard on Friday, October 4, at 2 p.m. in Trenton.
We already know that when the law doesn’t apply to Democrats and Republicans. Has there been any major laws that have affected those parties during an election?
Gosh, wouldn’t that be a shame!
There have been times when the Democratic or Republican Parties failed to meet the requirements for “political party” status. Each time, the legislature simply lowered the requirements. The last time was in Virginia in 1990, when the Democrats didn’t run anyone for US Senate, and US Senate was the only statewide race. Because the Virginia law required a party to poll 10% for any statewide race, the party’s failure to run took it off the ballot. The legislature was called into special session right after the election, and amended the definition of “party” to a group that had polled 10% at either of the last two statewide elections.
Other times when the Dems or Reps lost status as a “party” or a “major party” were Florida after the 1936 election, Louisiana after 1914, and Oregon after 1912. Also in 1942 the Oklahoma Republican Party failed the primary vote test (Oklahoma had a law similar to the New Jersey law) so in 1943 the legislature repealed it. In the 1942 election itself, the law was ignored and Republicans still appeared on the November ballot.
Hmmm, so maybe Chris Christie knew what he was doing all along by keeping the special election in October…
The law was no obstacle for the NJ Supreme Court to allow Lautenberg to replace “When did we become such an unforgiving people?” Democrat Senator Torricelli in 2008.
Kudos to LaVergne for his effort. Unlike Lonegan, Independent Robert DePasquale is for equal and fair ballot access laws for all political parties.
It is time for the state of NJ to consider proportional representation for its state legislature.
http://depasqualeforsenate.com/
I could not be more proud of my brother, or of our fellow “Democratic-Republicans”, both in forcing the State to adhere to it’s own laws, and in exposing the sham that is the two-party “dominance” for what it is. Less than 1 in 5 voters in NJ are registered “Republican”. Less than 1 in 3 are registered “Democrat”. 49% of registered voters in NJ are “Independent”…no independent primary (tongue-in-cheek). Eugene Martin LaVergne, supported by the NJ Conservative Party, and by both Conservatives and Liberals alike. He was actually counsel FOR Frank Lautenberg. He spoke to a West Jersey Tea Party Group the evening of the 13th, after the filing, explaining the facts in his case on Article the First and the ramifications of it, and had the audience riveted. The talk ran 1/2 hour long, and only ended because the restaurant had to close. The people were fascinated to learn what Eugene discovered, and what we are fighting to have recognized.
Don’t like the result of the “Citizens United” decision? The “Democratic-Republicans” have an answer for that, too – also penned by your Senate Candidate – the “Change the Rules” pledge – introduced on Independence Mall last year on the anniversary of the Constitution, with the Sons of the American Revolution in attendance in full regalia…also the first time that “Speakers’ Corner”, the new public speaking venue on the mall, was ever used.
So – Ballot Reform, Article the First, the Change the Rules Pledge….there’s a message. Any position taken on any of this from the two so-called “major” parties on this? We/They have been in court for over a year on these, and the MSM continues to ignore these significant stories.
NOW, they are trying to keep Eugene Martin LaVergne off the stage at the debates…little wonder. Funny – there’s a rule about that…stay tuned.
Not “obscure” – actively “ignored”.
This has happened in the past in THIS State…the NJ Conservative Party sued over it – their counsel? Eugene Martin LaVergne.
Another party suing is me. I’ll be in court asking a judge to consider the idea that the rigged ballot is criminal in and of itself. Since it’s deceptive by nature, very few people other than the mobster pols who profit by it, can see it for what it is, a judge included. I’ll educate the judge. Anyone suing in past had a very little incentive to fill the judge in on how the ballot is ‘fixed’ and instead beat around the bush hoping for minor relief knowing the next yr they’d be running for re-election in the current political office they already held. They were always seeking higher office like Governor or U.S.Senate. I’ll be saying to the judge that he’s now aware of criminal enterprise and go from there. Requesting a one time change of the Altantic County ballot to look the a fair ballot produced in one county in NJ that gets it right, Salem. And good luck to Mr. LaVergne. If you can’t get them one way get them another.