-----------------------------------------------------X Superior Court of New Jersey

Democratic-Republican Organization of : Law Diision ! Ciil "art

New Jersey# an unincorporated association, : $ercer County
et als., :
: Doc%et No& ''''''''''''''''
Plaintiffs# :
:
vs. :
:
(imberly )ua*agno# N.J. Lt. Governor / :
Sec. of State, et als., : Civil Action
:
Defendants, :
:
and :
:
+an% Sc,roe*er, candidate for U.S. Senate, :
et als., :
:
Interested Parties. :
:
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"laintiffs- Joint Statement of .nconteste* $aterial /acts in Support of 01pe*ite*
$otion for Summary Ju*gment an* /inal Declaratory an* /inal 2n3unctie Relief
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1. The most recent statewide Regular General Election in New
Jersey for all members of the New Jersey General Assembly was held
on Tuesday November 8, 2!"# At that Regular General Election there
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were a total of ",$2!,%$! votes cast for the o&ce of General
Assembly# (See Plaintifs Verifed Complaint at paragraph 91).
90. 'n (ecember ", 2!" defendant Guadagno issued a document
entitled )*erti+cate of ,olitical ,arties- .ursuant to the statutory
mandate of N.J.S.A. !%/!20!# (See Plaintifs Verifed Complaint
at paragraph 92).
2. 1n the )*erti+cation of ,olitical ,arties- defendant Guadagno
certi+ed that the candidates with the designation )Re.ublican-
received !,%$,"28 of the votes cast at the November 8, 2!"
Regular General Election, that the candidates with the designation
)(emocratic- received !,$%",22" of the votes cast at the November
8, 2!" Regular General Election, and that each number e3ceeds ten
.er centum 4!56 of the total of ",$2!,%$! votes cast for the o&ce of
General Assembly, and that as such both the Re.ublican and
(emocratic .olitical .arties were therefore o&cially certi+ed and
designated under New Jersey Election 7aws Title !% as a )statutory
.olitical .arty- .ursuant to N.J.S.A. !%/!20!# (See Plaintifs
Verifed Complaint at paragraph 93).
3. 1n early 8ebruary 2!9, long time incumbent :ember of
*ongress Robert Andrews of the 8irst (istrict in New Jersey
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announced his resignation from *ongress e;ective immediately# This
resignation left a vacancy in the o&ce, and left the citi<ens and
.eo.le of the 8irst (istrict without any re.resentation in the =ouse of
Re.resentatives# As such, somewhat contem.oraneous to Andrews>
resignation, Governor *hris *hristie signed a )?rit of Election- on
8ebruary !8, 2!9 calling for a )@.ecial Election- to re.lace Andrews#
4See Plaintifs Verifed Complaint at paragraph 94).
4. The ?rit of Election declared that the )@.ecial Election- was to
be held contem.oraneous to the ne3t Regular General Election in
New Jersey on November 9, 2!9# The )?rit of Election- also
declared that the )statutory .olitical .arties- would have to choose
their res.ective candidates at a )@.ecial ,rimary Election- which was
to be held on the same day and simultaneous to the u.coming June ",
2!9 )regular ,rimary Election-, and further declared that the
candidates of )other .olitical .arties- or inde.endent candidates
would have to +le their nominating .etitions by June ", 2!9# As
Andrews term was ending, the .ractical e;ect is that the November 9,
2!9 @.ecial General Election winner will taAe o&ce )immediately-
for the % weeAs remaining in Andrews> une3.ired term 4until January
", 2!26 and that the winner of the November 9, 2!9 Regular
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General Election will taAe o&ce for their own 2 year term
commencing on January ", 2!2# 1t is entirely .ossible that the
winner of the )@.ecial General Election- for the % weeAs remaining in
Andrews> une3.ired term may be di;erent from the winner of the 2
year regular term# (See Plaintifs Verifed Complaint at
paragraph 95).
5. 'n June ", 2!9 the Regular ,rimary Elections and @.ecial
,rimary Elections were held, and the winners of the elections for the
right to seeA the res.ective o&ces as candidates on the subseBuent
November 9, 2!9 Regular General Election Callot 4and in the case of
the 8irst (istrict, the @.ecial General Election Callot6 were
subseBuently declared# (See Plaintifs Verifed Complaint at
paragraph 9).
. 'n or before June ", 2!9, the .lainti; candidates and the
)interested .arties- who are not the candidates of either of the two
statutory .olitical .arties, +led their res.ective )Nominating ,etitions-
and lawfully obtained access to the November 9, 2!9 Regular
General Election Callot andDor the November 9, 2!9 @.ecial General
Election in (istrict ! for the various o&ces that they each seeA# (See
Plaintifs Verifed Complaint at paragraph 9!).
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!. At the June ", 2!9 ,rimary Elections neither the Re.ublican
,arty nor the (emocratic ,arty had more than "$2,!%$ voters a..ear
and .artici.ate and cast a ballot in the ,rimary Election# The number
"$2,!%$ is !5 of ",$2!,%$! 4the same number necessary to achieve
)statutory .olitical .arty status- under N.J.S.A. !%/!0! which resulted
in the N.J.S.A. !%/!20! )*erti+cate of ,olitical ,arties- found at
)E3hibit A-# 1n fact, each .arty had well less than !8, voters
a..ear and .artici.ate, well less than 25 of the number of
.artici.ants that they would have needed to meet the !5 condition
in N.J.S.A. !%/20! so as to be entitled to the ballot location .reference
in N.J.S.A. !%/!20!# 'therwise states, neither the Re.ublican or
(emocratic statutory .olitical .arties met the !5 threshold in
N.J.S.A. !%/20!, so as a matter of law 4determined by sim.le math6
neither the Re.ublican or (emocratic statutory .olitical .arty may be
allowed ballot location .reference in N.J.S.A. !%/!20!# (See
Plaintifs Verifed Complaint at paragraph 9").
". Notwithstanding this sim.le clear fact, and contrary to law, late
in the day on 8riday August 8, 2!9 defendant Guadagno issued a
certi+cation declaring that the Re.ublican statutory .olitical .arty and
the (emocratic statutory .olitical .arty Buali+ed for the .referential
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ballot .osition and .osition draw .rovided for in N.J.S.A. !%/!20!# 1n
that August 8, 2!9 certi+cation defendant Guadagno merely stated
in conclusory terms that each statutory .olitical .arty had Buali+ed
for the .referential ballot .osition and .osition draw E
)E as that party polled at least 372,197
votes at the June 3, 2014 primary
election, hich vote constitutes at least
ten per centum !10"# o$ the votes cast
in the State $or %em&er o$ the 'eneral
Assem&ly E F#G-
(See Plaintifs Verifed Complaint at paragraph 99).

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