In re Job
In re Job
Opinion of the Court
The opinion of the court was delivered by
Joseph F. Job appeals from a decision which declared void a petition filed in the office of the Secretary of State directly nominating Job as candidate for the office of United States Senator in the November 3, 1970 general election. For reasons hereinafter stated, we find the petition to be valid and direct the Secretary of State to accept it for filing and cause the name of Joseph F. Job to be placed on the ballot for the November 3, 1970 election.
Under N. J. S. A. 19 :13-5 a petition directly nominating a candidate to the office of United States Senator must contain at least 800 signatures of legally qualified voters. The petition in question contains some 1474 signatures and consists of several sets of signature sheets bound together. Each set of signature sheets is verified by five witnesses. However, since the separate sets were obtained at various times and places, there are different witnesses for each set
Eormal objection to the Job petition was made by two objectors and, on their application, the Superior Court ordered the Secretary of State to hold a plenary hearing as to the validity of such petition. At the hearing the objectors produced evidence to support their contention of “numerous instances of individuals signing their own name and the names of other persons in the same household.” Objectors also contended that the petition was invalid since admittedly all of the 1474 signatures on the petition were not witnessed and certified by the same five persons.
At the conclusion of the hearing the hearing officer declared the Job petition to be void on the authority of McCaskey v. Kirchoff, 56 N. J. Super. 178 (App. Div. 1959). Although he made no specific findings, apparently (1) he found some of the signatures on the petition were illegal and concluded that this voided the entire petition, and (2) he also determined that all of the signatures on the petition had to be witnessed and certified by the same five persons.
We conclude that the aforesaid ruling is erroneous as to both points and is based on a mistaken application of our previous holding in McCaskey.
The irregularities shown as to a handful (approximately 12) of the 1474 signatures on the Job petition were insufficient to show any pattern of fraud and invalidate the entire petition. Certainly there was no evidence that the candidate himself knew of, or was a party to, any of these irregularities. The McCaskey decision was bottomed on the undisputed fact that the candidates had directly participated in the obtaining of false signatures and then certified as to their being genuine. Under those circumstances we held in McCaskey that the fraud and wrongdoing went to the heart of the petition and rendered the entire petition invalid.
We also conclude that the hearing officer’s apparent interpretation of N. J. S. A. 19:13-7, that all of the 1474
The decision herein is reversed. The Secretary of State is directed to accept the petition in question as valid and cause the name of Joseph E. Job to be placed on the ballot as a candidate for the office of United States Senator in the November 3, 1970 election.
Reference
- Full Case Name
- IN THE MATTER OF THE PETITION OF JOSEPH F. JOB TO BE A CANDIDATE IN THE GENERAL ELECTION FOR THE OFFICE OF UNITED STATES SENATOR
- Cited By
- 3 cases
- Status
- Published