2014 DR Verified Complaint FINAL

8/11/2019 2014 DR Verified Complaint FINAL

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Richard T. Luzzi, Esq.Oler & Luzzi

6 Apple Tree LaneSuite 2ASparta, New Jersey 07871

Telephone: (973) 983-7020Telefax: (973) 983-7030

ID# 021861989Attorney for Plaintiffs Democratic-Republican Organization of New Jersey;

Leonard P. Marshall; Donald Letton, Alexander H. Spano, Frederick JohnLaVergne, Scott Neuman, Pablo Olivera, Allen J. Cannon, Tracy Caprioni

Melissa Tomlinson, Gary C. Frazier, and Fernando Powers

Eugene Martin LaVergneDemocratic-Republican for United States Senate

543 Cedar AvenueWest Long Branch, New Jersey 07764Telephone: (732) 272-1776Plaintiff Pro Se

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

: Law DivisionCivil PartDemocratic-Republican Organization of : Mercer County

New Jersey, an unincorporated association;:Leonard P. Marshall, individually as a :

voter; Eugene Martin LaVergne, :candidate for U.S. Senate and individually :as a voter; Donald E. Letton, candidate for:

U.S. House (Dist. 1) (Special General :Election and Regular General Election) and:

individually as a voter; Alexander H. :Spano, candidate for U.S. House (Dist.2) : Civi l Action:

and individually as a voter; Frederick John:LaVergne, candidate for U.S. House : Verified Complaint

(Dist.3) and individually as a voter; Scott :Neuman, candidate for U.S. House (Dist. 4):

and individually as a voter; Pablo Olivera, :candidate for U.S. House (Dist. 8) and :

individually as a voter; Allen J. Cannon, :candidate for U.S. House (Dist. 12) and :

individually as a voter; Tracy Caprioni, :


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candidate forOcean County Freeholder and:individually as a voter; Melissa Tomlinson,:

candidate for Atlantic County Freeholder :and individually as a voter; Gary C. :

Frazier, candidate for Camden County :Freeholder and individually as a voter; :

Fernando Powers, candidate for Camden :County Clerk and individually as a voter, :

:Plaintiffs, :

:vs. :

:Kimberly Guadagno,N.J. Lt. Governor / :

Sec. of State; Edward P. McGettigan, :Atlantic County Clerk; John S. Hogan, :Bergen County Clerk; Timothy D. Tyler, :

Burlington County Clerk; Joseph Ripa, :Camden County Clerk;Rita Marie :

Fulginiti, Cape May County Clerk; :Gloria Noto, Cumberland County Clerk; :

Christopher J. Durkin,Essex County :Clerk; James N. Hogan, Gloucester County:

Clerk; Barbara A. Netchert,Hudson :County Clerk; Mary H. Melfi,Hunterdon :

County Clerk; Paula Sollami-Covello, :Mercer County Clerk; Elaine Flynn, :

Middlesex County Clerk; M. Claire French,:Monmouth County Clerk; Ann F. Grossi, :Morris County Clerk; Kristin M. Corrado, :

Passaic County Clerk; Gilda T. Gill, Salem:County Clerk; Brett Radi, Somerset County:

Clerk; Jeff Parrott, Sussex County Clerk; :

Joanne Rajoppi, Union County Clerk; :Patricia J. Kolb, Warren County Clerk; :

:Defendants, :

:

:and :


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:Hank Schroeder, candidate for U.S. :

Senate; Antonio N. Sabas, candidate for :U.S. Senate; Jeff Boss, candidate for the :

United States Senate; Joseph Baratelli, :candidate for U.S. Senate; Jeffrey Bell, :

candidate for U.S. Senate; Corey Booker, :candidate for U.S. Senate; Margaret M. :

Chapman, candidate for U.S. House :(Dist. 1); Mike Berman, candidate for U.S.:

House (Dist. 1); Robert Shapiro, candidate:for U.S. House (Dist. 1) (Special General :

Election and Regular General Election); :Scot John Tomaszewski, candidate for :

U.S. House (Dist. 1) (Special General :Election and Regular General Election) ; :Gary W. Cobb, candidate for U.S. House :

(District 1); Donald W. Norcross, :candidate for U.S. House (Dist. 1) (Special :

General Election andRegular General :Election); Gary Stein, candidate for U.S. :

House (Dist. 2); Constantino Rozzo, :candidate for U.S. House (Dist. 2); Bayode :

Olabisi, candidate for the U.S. House (Dist.:2); Frank Lobiondo, candidate for U.S. :

House (Dist. 2); William J. Hughes, :candidate for U.S. House (Dist. 2); Edward :

J. Forchion, candidate for U.S. House :(Dist. 3); Tom McArthur, candidate for :U.S. House (Dist. 3); Aimee Belgard, :

candidate for U.S. House (Dist. 3); :Christopher H. Smith, candidate for U.S. :

House (Dist. 4); Ruben M. Scolavino, :

candidate for U.S. House (Dist. 4) ; Mark D. :Quick, candidate for U.S. House (Dist. 5); :Scott Garrett, candidate for U.S. House :

(Dist. 5); Roy Cho, candidate for U.S. :House (Dist. 5); Dorit Goikhman, :

candidate for U.S. House(Dist. 6); :Anthony Wilkinson, candidate for U.S. :


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House (Dist. 6); Frank Pallone, Jr., :candidate for U.S. House (Dist. 6); :

James Gawron, candidate for U.S. House :(Dist. 7);Leonard Lance, candidate for :

U.S. House (Dist. 7); Janice Kovach, :candidate for U.S. House (Dist. 7); :

Herbert H. Shaw, candidate for U.S. :House (Dist. 8); Robert Thorne, candidate:

for U.S. House (Dist. 8); Judge Anthony :Tiscornia, candidate for U.S. House :

(Dist. 8); Albio Sires, candidate for U.S :House (Dist. 8); Nestor Montilla, candidate:

for U.S House (Dist. 9); Diedre G. Paul, :candidate for U.S House (Dist. 9); Bill :

Pascrell, Jr., candidate for U.S. House :(Dist. 9); Gwendolyn A. Franklin, :candidate for U.S. House (Dist. 10); Dark :

Angel, candidate for U.S. House (Dist. 10);:Yolanda Dentley, candidate for U.S. House:

(Dist. 10); Donald M. Payne, Jr. candidate:for U.S. House (Dist. 10); Rodney P. :

Frelinghuysen, candidatefor U.S. House :(Dist11); Mark Dunec, candidate for :

U.S. House (Dist. 11); Steve Welzer, :candidate for the U.S. House (Dist. 12); :

Don Dezarin, candidate for the U.S. House:(Dist. 12); Jack Freudenheim, candidate :

for U.S. House (Dist. 12); Kenneth J. :Cody, candidate for U.S. House (Dist. 12); :Alieta Eck, candidate for the U.S. House :

(Dist. 12); Bonnie Watson Coleman, :candidate for U.S. House (Dist. 12); :

Republican State Committee; and :

Democratic State Committee, ::

I nterested Parti es. :

:------------------------------------------------------X


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5. Plaintiff Alexander H. Spano, 411 Long Meadow Drive, Mullica Hill, New

Jersey 08062, is a candidate for the United States House of Representatives (District 2)

whose name will appear on the November 4, 2014 Regular General Election Ballot with

the slogan D-R PARTY.

6. Plaintiff Frederick John LaVergne, 312 Walnut Street, Delanco, New Jersey

08075, is a candidate for the United States House of Representatives (District 3) whose

name will appear on the November 4, 2014 Regular General Election Ballot and

Regular General Election Ballot with the slogan D-R PARTY.

7. Plaintiff Scott Neuman, 1325 Englemere Boulevard, Toms River, New Jersey


name will appear on the November 4, 2014 Regular General Election Ballot with the

slogan D-R PARTY.

8. Plaintiff Pablo Olivera, 7091 Clifton Avenue, Newark, New Jersey 07104, is a

candidate for the United States House of Representatives (District 8) whose name will

appear on the November 4, 2014 Regular General Election Ballot with the slogan D-

R PARTY (as changed from WAKE UP USA).

9. Plaintiff Allen J. Cannon, 7 Brookside Drive, Titusville, New Jersey 08560, is

a candidate for the United States House of Representatives (District 12) whose name

will appear on the November 4, 2014 Regular General Election Ballot with the slogan

D-R PARTY.


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10. Plaintiff Tracy Caprioni, 936 Cypress Avenue, Brick, New Jersey 08723, is a

candidate for a seat on the Ocean County Board of Chosen Freeholders whose name


D-R PARTY.

11. Gary C. Frazier, 1246 Empire Avenue, Camden, New Jersey 08723, is a

candidate for a seat on the Camden County Board of Chosen Freeholders whose name


D-R PARTY.

12. Fernando Powers, 1501 Little Gloucester Road, Apartment D-8, Blackwood

New Jersey 08012, is a candidate for a seat on the Camden County Clerk whose name


D-R PARTY.

13. Melissa Tomlinson, 89 Somers Avenue, Eqq Harbor Township, New Jersey

08234, is a candidate for a seat on the Atlantic County Board of Chosen Freeholders

whose name will appear on the November 4, 2014 Regular General Election Ballot with

the slogan D-R PARTY.


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DEFENDANTS:

14. Defendant Kimberly Guadagno is named in her official capacity only as the

Lieutenant Governor / Secretary of State of the State of New Jersey. In this officia

capacity defendant Kimberly Guadagno is the State Official ultimately in charge of the

State of New Jersey, Department of State, Division of Elections. Defendant Kimberly

Guadagno, operating through the New Jersey Department of State, Division o

Elections, is charged by New Jersey State Law in the first instance with interpreting and

enforcing various New Jersey State Election Laws as outlined in New Jersey Statutes

Title 19 and elsewhere regarding all elections held in New Jersey for Federal and State

offices, specifically including elections for the office of United States Senate from New

Jersey, United States Representatives from New Jersey, and County Offices such as

County Freeholder. Defendant Kimberly Guadagnosprinciple place of business is

located the New Jersey Division of Elections, 225 West State Street5thFloor, Trenton

New Jersey.

15. Defendant Edward P. McGettiganis sued in his official capacity only as the

Atlantic County Clerk. As the Atlantic County Clerk defendant Edward P

McGettiganis specifically charged by law with conducting a drawing for column

and ballot position and configuring the appearance of the Regular General Election

Ballot regarding specifically where the names of candidates will appear on the

November 4, 2014 Regular General Election Ballot in Atlantic County. Defendant


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Edward P. McGettigansprinciple place of business is located at 5901 Main Street in

Mays Landing, New Jersey.

16. Defendant John S. Hoganis sued in his official capacity only as the Bergen

County Clerk. As the Bergen County Clerk defendant John S. Hoganis specifically

charged by law with conducting a drawing for column and ballot position and

configuring the appearance of the Regular General Election Ballot regarding

specifically where the names of candidates will appear on the November 4, 2014

Regular General Election Ballot in Bergen County. Defendant John S. Hogans

principle place of business is located at 1 Bergen County Plaza, Hackensack, New

Jersey.

17. Defendant Timothy D. Tyler is sued in his official capacity only as the

Burlington County Clerk. As the Burlington County Clerk defendant Timothy D

Tyleris specifically charged by law with conducting a drawing for column and ballot

position and configuring the appearance of the Regular General Election Ballot

regarding specifically where the names of candidates will appear on the November 4

2014 Regular General Election Ballot in Burlington County. Defendant Timothy D

Tylers principle place of business is located at Courts Building Room 104, 49

Rancocas Road, Mount Holly, New Jersey.

18. Defendant Joseph Ripa is sued in his official capacity only as the Camden

County Clerk. As the Camden County Clerk defendant Joseph Ripa is specifically


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Regular General Election Ballot in Camden County. Defendant Joseph Ripas

principle place of business is located at Courthouse Room 102, 520 Market Street

Camden, New Jersey.

19. Defendant Rita Marie Fulginitiis sued in her official capacity only as the Cape

May County Clerk. As the Cape May County Clerk defendant Rita Marie Fulginitiis

specifically charged by law with conducting a drawing for column and ballot position

and configuring the appearance of the Regular General Election Ballot regarding


Regular General Election Ballot in Cape May County. Defendant Rita Marie

Fulginitis principle place of business is located at 7 North Main Street, Cape May

Courthouse, New Jersey.

20. Defendant Gloria Notois sued in her official capacity only as the Cumberland

County Clerk. As the Cumberland County Clerk defendant Gloria Notois specifically





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Regular General Election Ballot in Cumberland County. Defendant Gloria Notos

principle place of business is located at 60 West Broad Street, Bridgeton, New Jersey.

21. Defendant Christopher J. Durkin is sued in his official capacity only as the

Essex County Clerk. As the Essex County Clerk defendant Christopher J. Durkinis




Regular General Election Ballot in Essex County. Defendant Christopher J. Durkins

principle place of business is located at 465 Martin Luther King Boulevard, Newark

New Jersey.

22. Defendant James N. Hoganis sued in his official capacity only as the Gloucester

County Clerk. As the Gloucester County Clerk defendant James N. Hogan is




Regular General Election Ballot in Gloucester County. Defendant James N. Hogans

principle place of business is located at 1 North Broad Street, Woodbury, New Jersey.

23. Defendant Barbara A. Netchertis sued in her official capacity only as the

Hudson County Clerk. As the Hudson County Clerk defendant Barbara A. Netchert

is specifically charged by law with conducting a drawing for column and ballot


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2014 Regular General Election Ballot in Hudson County. Defendant Barbara A

Netcherts principle place of business is located at 257 Cornelia Avenue, 4 thFloor

Jersey City, New Jersey.

24. Defendant Mary H. Melfiis sued in her official capacity only as the Hunterdon

County Clerk. As the Hunterdon County Clerk defendant Mary H. Melfiis specifically




Regular General Election Ballot in Hunterdon County. Defendant Mary H. Melfis

principle place of business is located at 71 Main Street, Hall of Records, Flemington

New Jersey.

25. Defendant Paula Sollami-Covellois sued in her official capacity only as the

Mercer County Clerk. As the Mercer County Clerk defendant Paula Sollami-Covello

is specifically charged by law with conducting a drawing for column and ballot



2014 Regular General Election Ballot in Mercer County. Defendant Paula Sollami


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Covellos principle place of business is located at 209 South Broad Street, Trenton,

New Jersey.

26. Defendant Elaine Flynn is sued in her official capacity only as the Middlesex

County Clerk. As the Middlesex County Clerk defendant Elaine Flynnis specifically




Regular General Election Ballot in Middlesex County. Defendant Elaine Flynns

principle place of business is located at 75 Bayard Street, New Brunswick, New Jersey

27. Defendant M. Claire French is sued in her official capacity only as the

Monmouth County Clerk. As the Monmouth County Clerk defendant M. Claire

Frenchis specifically charged by law with conducting a drawing for column and

ballot position and configuring the appearance of the Regular General Election Ballot


2014 Regular General Election Ballot in Monmouth County. Defendant M. Claire

Frenchs principle place of business is located at 3000 Halls Mills Road, Freehold, New

Jersey.

28. Defendant Ann F. Grossiis sued in her official capacity only as the Morris

County Clerk. As the Morris County Clerk defendant Ann F. Grossi is specifically



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Regular General Election Ballot in Morris County. Defendant Ann F. Grossis

principle place of business is located at Hall of Records Administration Building, 10

Court Street, Morristown, New Jersey.

29. Defendant Scott M. Colabellais sued in his official capacity only as the Ocean

County Clerk. As the Ocean County Clerk defendant Scott M. Colabellais specifically




Regular General Election Ballot in Ocean County. Defendant Scott M. Colabellas

principle place of business is located at 118 Washington Street, Town of Toms River

New Jersey.

30. Defendant Kristin M. Corradois sued in her official capacity only as the Passaic

County Clerk. As the Passaic County Clerk defendant Kristin M. Corrado is




Regular General Election Ballot in Passaic County. Defendant Kristin M. Corrados


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principle place of business is located at 401 Grand Street Room 130, Patterson, New

Jersey.

31. Defendant Gilda T. Gillis sued in her official capacity only as the Salem County

Clerk. As the Salem County Clerk defendant Gilda T. Gillis specifically charged by

law with conducting a drawing for column and ballot position and configuring the

appearance of the Regular General Election Ballot regarding specifically where the

names of candidates will appear on the November 4, 2014 Regular General Election

Ballot in Salem County. Defendant Gilda T. Gills principle place of business is

located at 92 Market Street, Salem, New Jersey.

32. Defendant Brett Radiis sued in his official capacity only as the Somerset County

Clerk. As the Somerset County Clerk defendant Brett Radiis specifically charged by




Ballot in Somerset County. Defendant Brett Radis principle place of business is

located at Administrative Building, 20 Grove Street, Somerville, New Jersey.

33. Defendant Jeff Parrottis sued in his official capacity only as the Sussex County

Clerk. As the Sussex County Clerk defendant Jeff Parrottis specifically charged by




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Ballot in Sussex County. Defendant Jeff Parrotts principle place of business is

located at Administrative Building, 20 Grove Street, Somerville, New Jersey.

34. Defendant Joanne Rajoppi is sued in her official capacity only as the Union

County Clerk. As the Union County Clerk defendant Joanne Rajoppiis specifically




Regular General Election Ballot in Union County. Defendant Joanne Rajoppis

principle place of business is located at 2 Broad Street Room 113, Elizabeth, New

Jersey.

35. Defendant Patricia J. Kolb is sued in her official capacity only as the Warren

County Clerk. As the Warren County Clerk defendant Patricia J. Kolbis specifically




Regular General Election Ballot in Warren County. Defendant Patricia J. Kolbs

principle place of business is located at Court House, 413 Second Street, Belvedere,

New Jersey.

THE INTERESTED PARTIES - U.S. SENATE CANDIDATES:


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36. Interested Party Hank Schroeder, whose address is P.O. Box 121, Sea Girt, New

Jersey 08750, is a candidate for the United States Senate whose name will appear on

the November 4, 2014 Regular General Election Ballot with the slogan ECONOMIC

GROWTH.

37. Interested Party Antonio N. Sabas, whose address is P.O. Box 688, South

Orange, New Jersey 07079, is a candidate for the United States Senate whose name will

appear on the November 4, 2014 Regular General Election Ballot with the slogans

FREEDOM OF CHOICE, NO TOXIC WASTE, WENEED MOORE, CHOICE

IN SCHOOLS, and MORE JOBS.

38. Interested Party Jeff Boss, whose address is 7002 Boulevard East, Guttenberg,

NJ 07093, is a candidate for the United States Senate whose name will appear on the

November 4, 2014 Regular General Election Ballot with the slogans NSA

WHISTLEBLOWER and NSA DID 911.

39. Interested Party Joseph Baratelli, whose address is 56 Sherwood Avenue

Mercerville, New Jersey 08619, is a candidate for the United States Senate whose name


LIBERTARIAN PARTY.

40. Interested Party Jeffrey Bell, whose address is P.O. Box 31, Palisades Park, New

Jersey 07650, is a candidate for the United States Senate whose name will appear on


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the November 4, 2014 Regular General Election Ballot with the statutory political

party slogan REPUBLICAN.

41. Interested Party Corey Booker, whose address is 191 Longworth Street, Newark

New Jersey 07102, is a candidate for the United States Senate whose name will appear

on the November 4, 2014 Regular General Election Ballot with the statutory political

party sloganDEMOCRAT.


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THE INTERESTED PARTIESU.S. HOUSE CANDIDATES:

F i rst Distri ct Regul ar Election:

42. Interested Party Margaret M. Chapman, whose address is 5 Lincoln Avenue

Berlin, New Jersey 08009, is a candidate for the United States House of Representatives

(District 1) whose name will appear on the November 4, 2014 Regular General Election

Ballot with the slogan CHANGE IS NEEDED.

43. Interested Party Mike Berman, whose address is 616 Maple Court, Haddonfield,

New Jersey 08033, is a candidate for the United States House of Representatives


Ballot with the slogan OF THE PEOPLE.

44. Interested Party Robert Shapiro, whose address is P.O. Box 494, Haddonfield



Ballot with the slogan STOP BOSS POLITICS.

45. Interested Party Scot John Tomaszewski, whose address is 706 Park Boulevard

Cherry Hill, New Jersey 08002, is a candidate for the United States House of

Representatives (District 1) whose name will appear on the November 4, 2014 Regular

General Election Ballot with the slogan WE DESERVE BETTER.

46. Interested Party Gary W. Cobb, whose address is 112 Society Hill Boulevard,



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General Election Ballot with the statutory political party slogan REPUBLICAN.

47. Interested Party Donald W. Norcross, whose address is 1 Market Street, Apt-

Unit 522, Camden, New Jersey 08102, is a candidate for the United States House of


General Election Ballot with the statutory political party slogan DEMOCRAT.

F i rst Distri ct Special Election:

48. Interested Party Donald W. Norcross, 1 Market Street, Apt-Unit 522, Camden


(District 1) whose name will appear on the November 4, 2014 Special General Election

Ballot with the statutory political party slogan DEMOCRAT.

49. Interested Party Robert Shapiro, whose address is P.O. Box 494, Haddonfield



Ballot with the slogan STOP BOSS POLITICS.

50. Interested Party Scot John Tomaszewski, whose address is 706 Park Boulevard


Representatives (District 1) whose name will appear on the November 4, 2014 Specia

General Election Ballot with the slogan WE DESERVE BETTER.

Second Distr i ctRegular E lection:


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51. Interested Party Gary Stein, 1729 Darmstadt Avenue, Mullica Township, New


whose name will appear on the November 4, 2014 Special General Election Ballot with

the slogans COUNTY CLERK 2016, SOPRANO STATES BALLOT

CAMDENS BALLOT RIGGED, BLACKBALLED BY BALLOT

CUMBERLANDS BALLOT, RIGGED, GLOUCESTERS BALLOT, RIGGED

OCEANS BALLOT RIGGED, and SALEMS BALLOT, FAIR.

52. Interested Party Constantino Rozzo, 1267 North East Boulevard, Apt-Unit 26M

Vineland, New Jersey 08360, is a candidate for the United States House of


General Election Ballot with the slogan AMERICAN LABOR PARTY.

53. Interested Party Bayode Olabisi, P.O. Box 1398, Montclair, New Jersey 07042

is a candidate for the United States House of Representatives (District 2) whose name

will appear on the November 4, 2014 Special General Election Ballot with the slogan

INDEPENDENT.

54. Interested Party Frank Lobiondo, 8 South Somerset Avenue, Ventnor, New



the statutory political party slogan REPUBLICAN.


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55. Interested Party William J. Hughes, Jr., 300 Argo Lane, Northfield, New Jersey

08225 , is a candidate for the United States House of Representatives (District 2) whose

name will appear on the November 4, 2014 Special General Election Ballot with the

statutory political party slogan DEMOCRAT.

Thi rd Distri ct Regul ar E lection:

56. Interested Party Edward J. Forchion, 41 Morris Drive, Sicklerville, New Jersey



slogan LEAGALIZE MARIJUANA PARTY.

57. Interested Party Tom MaCarthur, 77 East Water Street, Apt-Unit #24, Toms

River, New Jersey 08753, is a candidate for the United States House of Representatives


Ballot with the statutory political party slogan REPUBLICAN.

58. Interested Party Aimee Belgard, P.O. Box 35, Willingboro, New Jersey 08046


will appear on the November 4, 2014 Special General Election Ballot with the statutory

political party slogan DEMOCRAT.


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Four th Distri ct Regul ar Election:

59. Interested Party Christopher H. Smith, P.O. Box 3184, Hamilton, New Jersey



statutory political party slogan REPUBLICAN.

60. Interested Party Ruben M. Scolavino, 21 Joysan Terrace, Freehold, New Jersey




F i fth District Regul ar Election:

61. Interested Party Mark D. Quick, 488 Sunset Lake Road, Blairstown, New Jersey



slogan FOR AMERICANS.

62. Interested Party Scott Garrett, P.O. Box 905.Newton, New Jersey 07860, is a


appear on the November 4, 2014 Special General Election Ballot with the statutory

political party slogan REPUBLICAN.

63. Interested Party Roy Cho, P.O. Box 250, Ridgewood, New Jersey 07451, is a



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Sixth Di stri ct Regul ar Election:

64. Interested Party Dorit Goikhman, 716 Newman Springs Road, Apt-Unit 317

Lincroft, New Jersey 07738, is a candidate for the United States House o

Representatives (District 6) whose name will appear on the November 4, 2014 Special

General Election Ballot with the slogan LIBERTARIAN PARTY.

65. Interested Party Anthony Wilkinson, 20 Browning Terrace, Old Bridge, New




66. Interested Party Frank Pallone, Jr., 187 Ocean Avenue, Long Branch, New



the statutory political party slogan DEMOCRAT.

Seventh Distri ctRegul ar Election:

67. Interested Party James Gawron,91 Main Street, Flanders, New Jersey 07836



LIBERTARIAN PARTY.


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68. Interested Party Leonard Lance,264 Stanton Mountain Road, Lebanon, New




69. Interested Party Janice Kovach,4 Mitchell Lane, Clinton, New Jersey 08809, is

a candidate for the United States House of Representatives (District 6) whose name will



Ei ghth Distri ct Regul ar Election:

70. Interested Party Herbert H. Shaw, 4402 Liberty Avenue, North Bergen, New



the slogan POLITICIANS ARE CROOKS.

71. Interested Party Robert Thorne, 7000 Kennedy Boulevard East, Apt-Unite 21E

West New York, New Jersey, 07093, is a candidate for the United States House of


General Election Ballot with the slogan 911 TRUTH NEEDED.

72. Interested Party Judge Anthony Tiscornia, 27 Waverly Street, Jersey City, New



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73. Interested Party Albio Sires, P.O. Box 300, West New York, New Jersey 07093




Ninth Distri ct Regul ar E lection:

74. Interested Party Nestor Montilla, P.O.Box 6953, Patterson, New Jersey 07502



SEEKING INCLUSION.

75. Interested Party Diedre G. Paul, 96 Oak Street, Englewood, New Jersey 07631




76. Interested Party Bill Pascrell, Jr., 441 9thAvenue, Patterson, New Jersey 07514





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Tenth Di stri ct Regul ar Election:

77. Interested Party Gwendolyn A. Franklin, 634 Eagle Rock Avenue, West

Orange, New Jersey 07052, is a candidate for the United States House of

Representatives (District 10) whose name will appear on the November 4, 2014 Special

General Election Ballot with the slogan BULLYING BREAKS HEARTS.

78. Interested Party Dark Angel, 12 Bloomfield Avenue, Apt-Unit 213, Newark



Ballot with the slogan FUTURE VISION.

79. Interested Party Yolanda Dentley,284 East 4th Avenue, Roselle, New Jersey



statutory political party slogan REPUBLICAN.

80. Interested Party Donald M. Payne, Jr.,19 Bock Avenue, Newark, New Jersey




Eleventh Distri ctRegul ar Election:

81. Interested Party Rodney P. Frelinghuysen, 559 James Street, Morristown, New

Jersey 07960, is a candidate for the United States House of Representatives (District


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11) whose name will appear on the November 4, 2014 Special General Election Ballot

with the statutory political party slogan REPUBLICAN.

82. Interested Party Mark Dunec, P.O. Box 1909, Livingston, New Jersey 07039, is

a candidate for the United States House of Representatives (District 11) whose name



Twel fth Distri ct Regular E lection:

83. Interested Party Steve Welzer, 58 Brook Tree Road, East Windsor, New Jersey



slogan GREEN PARTY.

84. Interested Party Don Dezarin, 958 Jamestown Road, East Windsor, New Jersey



slogan LEAGALIZE MARIJUANA PARTY.

85. Interested Party Jack Freudenheim, 725 Berkeley Avenue, Plainfield, New



with the slogan START THE CONVERSATION.


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86. Interested Party Kenneth J. Cody, P.O. Box 7346, Princeton, New Jersey 08543



TRUTH VISION HOPE.

87. Interested Party Alieta Eck,P.O. Box 5070, Somerset, New Jersey 08875, is a




88. Interested Party Bonnie Watson Coleman, 180 Upland Avenue, Ewing, New



with the statutory political party slogan DEMOCRAT.

THE INTERESTED STATUTORY POLITICAL PARTIES:

89. Interested Party Republican State Committee, 150 West State Street Suite

230, Trenton, New Jersey 08608, was declared a statutory political party by

defendant Guadagno in accordance with a certification issued in accordance with the

authority ofN.J.S.A. 19:1-1 andN.J.S.A. 19:12-1 on December 8, 2013, a true copy of

which is attached hereto at Exhibit A.

90. Interested Party Democratic State Committee, 194-196 West State Street

Trenton, New Jersey 08608, was declared a statutory political party by defendant


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Guadagno in accordance with a certification issued in accordance with the authority of

N.J.S.A. 19:1-1 andN.J.S.A. 19:12-1 on December 8, 2013, a true copy of which is

attached hereto at Exhibit A.

FACTS:

91. 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, 2013.

At that Regular General Election there were a total of 3,721,971 votes cast for the office

of General Assembly.

92. On December 3, 2013 defendant Guadagno issued a document entitled

Certificate of Political Parties pursuant to the statutory mandate ofN.J.S.A. 19:12-1

(See a true copy of defendant Guadagnos Certification of Political Parties

attached hereto at Exhibit A).

93. In the Certification of Political Parties defendant Guadagno certified that the

candidates with the designation Republican received 1,907,328of the votes cast at

the November 8, 2013 Regular General Election, that the candidates with the

designation Democratic received 1,793,523 of the votes cast at the November 8, 2013

Regular General Election, and that each number exceeds ten per centum (10%) of the

total of 3,721,971 votes cast for the office of General Assembly, and that as such both

the Republican and Democratic political parties were therefore officially certified and


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designated under New Jersey Election Laws Title 19 as a statutory political party

pursuant toN.J.S.A. 19:12-1.

94. In early February 2014, long time incumbent Member of Congress Robert

Andrews of the First District in New Jersey announced his resignation from Congress

effective immediately. This resignation left a vacancy in the office, and left the citizens

and people of the First District without any representation in the House of

Representatives. As such, somewhat contemporaneous to Andrews resignation,

Governor Chris Christie signed a Writ of Election on February18, 2014 calling for a

Special Election to replace Andrews. (See true copy of the February 18, 2014

Writ of Election attached hereto at Exhibit B).

95. The Writ of Election declared that the Special Election was to be held

contemporaneous to the next Regular General Election in New Jersey on November 4

2014. The Wirt of Election also declared that the statutory political parties would

have to choose their respective candidates at a Special Primary Election which was

to be held on the same day and simultaneous to the upcoming June 3, 2014 regular

Primary Election, and further declared that the candidates of other political parties

or independent candidates would have to file their nominating petitions by June 3, 2014

As Andrews term was ending, the practical effect is that the November 4, 2014 Special

General Election winner will take office immediately for the 9 weeks remaining in

Andrews unexpired term (until January 3, 2015) and that the winner of the November


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4, 2014 Regular General Election will take office for their own 2 year term commencing

on January 3, 2015. It is entirely possible that the winner of the Special General

Election for the 9 weeks remaining in Andrews unexpired term may be different from

the winner of the 2 year regular term.

96. On June 3, 2014 the Regular Primary Elections and Special Primary Elections

were held, and the winners of the elections for the right to seek the respective offices as

candidates on the subsequent November 4, 2014 Regular General Election Ballot (and

in the case of the First District, the Special General Election Ballot) were subsequently

declared.

97. On or before June 3, 2014, the plaintiff candidates and the interested parties

who are not the candidates of either of the two statutory political parties, filed their

respective Nominating Petitions and lawfully obtained access to the November 4,

2014 Regular General Election Ballot and/or the November 4, 2014 Special General

Election in District 1 for the various offices that they each seek.

98. At the June 3, 2014 Primary Elections neither the Republican Party nor the

Democratic Party had more than 372,197 voters appear and participate and cast a ballot

in the Primary Election. The number 372,197 is 10% of 3,721,971 (the same number

necessary to achieve statutory political party status under N.J.S.A. 19:1-1 which

resulted in theN.J.S.A. 19:12-1 Certificate of Political Parties found at Exhibit A.

In fact, each party had well less than 180,000 voters appear and participate, well less


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than 50% of the number of participants that they would have needed to meet the 10%

condition in N.J.S.A. 19:5-1 so as to be entitled to the ballot location preference in

N.J.S.A. 19:12-1. Otherwise stated, neither the Republican or Democratic statutory

political parties met the 10% threshold in N.J.S.A. 19:5-1, so as a matter of law

(determined by simple math) neither the Republican or Democratic statutory political

party may be allowed ballot location preference in N.J.S.A. 19:12-1.

99. Notwithstanding this simple clear fact, and contrary to law, late in the day on

Friday August 8, 2014 defendant Guadagno issued a certification declaring that the

Republican statutory political party and the Democratic statutory political party

qualified for the preferential ballot position and position draw provided for in N.J.S.A

19:12-1. In that August 8, 2014 certification defendant Guadagno merely stated in

conclusory terms that each statutory political party had qualified for the preferential

ballot position and position draw

as that party polled at least 372,197 votes at the June 3,

2014 primary election, which vote constitutes at least ten percentum (10%) of the votes cast in the State for Member of theGeneral Assembly [.]

(See true copy of the August 8, 2014 Certification attached hereto at Exhibit C.

100. Attached to this Verified Complaint are true copies of the following:

Exhibit D- August 12, 1999 unpublished written opinion of the Honorable

Clarkson Fisher, P.J.Ch. (now assigned to the Appellate Division) in N.J.C.P. v

Farmer, Docket No. MON-C-233-99 denying the application of plaintiffs in that case


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the New Jersey Conservative Party and various candidate plaintiffs, for a preliminary

injunction.

Exhibit E- August 23, 1999 unpublished written opinion and Order of the

Honorable Clarkson Fisher, P.J.Ch. (now assigned to the Appellate Division) in Docket

No. MON-C-233-99 granting permanent declaratory and injunctive relief.

Exhibit F- Unpublished Appellate Order in theN.J.C.P. v. Farmer summarily

reversing Judge Fishers August 23, 1999 unpublished written opinionand Order.

Exhibit G - August 27, 1999 Order of Justice Daniel OHern, New Jersey

Supreme Court denying single justice relief and referring the matter to the full Cour

for consideration at conference on September 8, 1999.

Exhibit H - September 9, 1999 Order of the New Jersey Supreme Court

denying Leave to Appeal and the motion for a Stay.

Exhibit I- True copies of pages from Commentary on Proposed Title 19A

Assembly Bill Number 744, 1978: A Report to the Assembly State Government, and

Federal and State Interstate Relations and Veterans Affairs Committee, Prepared by

the Staff of the New Jersey Division of Legislative Information and Research, November

21, 1978 (original on file at the New Jersey State Library under call number: 974.90,

E38, 1978c).

FIRST COUNT:


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101. Neither the Republican Party nor the Democratic Party met the 10% conditional

caveat statutory threshold in N.J.S.A. 19:5-1 at the Regular Political Primary Elections

held on June 3, 2014 and therefore neither the Republican Party nor the Democratic

Party are entitled to preferential ballot location treatment as otherwise conferred by

N.J.S.A. 19:14-12.

102. The published case ofNew Jersey Conservative Party v. Farmer, 324 N.J.Super

451, 735A.2d1189 (App. Div. 1999), leave to appeal denied byNew Jersey Supreme

Court (September 9, 1999), on remand 332 N.J.Super. 278, 753 A.2d 192 (Ch. Div

1999) is an aberration and is in fact invalid and can not be properly relied upon as the

interpretation of how theN.J.S.A. 19:5-1 10% threshold is calculated by the Appellate

Division in that case is in direct conflict and with existing controlling precedent of the

New Jersey Supreme Court in Richardson v. Caputo, 46 N.J. 3, 10 (1965) and the

legislative history which confirms the New Jersey Legislatures own interpretation as

found in Commentary on Proposed Title 19A, Assembly Bill Number 744, 1978: A

Report to the Assembly State Government, and Federal and State Interstate Relations

and Veterans Affairs Committee, Prepared by the Staff of the New Jersey Division of

Legislative Information and Research, November 21, 1978 (original on file at the New

Jersey State Library under call number: 974.90, E38, 1978c).

103. Alternatively, ifNew Jersey Conservative Party v. Farmer, 324 N.J.Super. 451

735A.2d1189 (App. Div. 1999) is somehow found to be good law and governing the


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interpretation of how the N.J.S.A. 19:5-1 10% threshold is calculated in the first

instance, then as applied the statutory scheme ofN.J.S.A. 19:5-1 andN.J.S.A. 19:14-12

is unconstitutional as violating United States ConstitutionsArticle I, Section 4, Clause

1 (The Elections Clause), Seventeenth Amendment, First Amendment and Fourteenth

Amendment, and is therefore invalid and unconstitutional.

104. The collective defendants are all state actors that at all times relevant herein

were acting under color of state law within the meaning of 42 U.S.C. sec. 1983. Each

defendant, acting along or in conspiracy with the other defendants, did in fact violate

the plaintiffs rights as otherwise guaranteed and secured under United States

ConstitutionsArticle I, Section 4, Clause 1 (The Elections Clause), Seventeenth

Amendment, First Amendment and Fourteenth Amendment.

SECOND COUNT:

105. Plaintiffs repeat and re-allege the previous allegations of this Verified Complaint

as if set forth fully at length herein,

106. The ballot preference statutory scheme in N.J.S.A. 19:5-1 andN.J.S.A. 19:14-12

does not, as a matter of law, apply to the November 4, 2014 Special General Election

in District 1 by application ofN.J.S.A. 19:27-1.

WHEREFORE,plaintiffs demand judgment against defendants under the authority of

the New Jersey Declaratory Judgments Act and 42 U.S.C. sec. 1983 as follows:


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A.) An Order declaring the August 8, 2014 certification of defendant Guadagno

invalid and a nullity as having been issued in violation of N.J.S.A. 19:5-1; and

B.) An Order declaring that in calculating the 10% threshold in N.J.S.A. 19:5-1 the

election official defendants may only count each voter who appeared and participated

at the June 3, 2014 Regular Primary Elections and Special Primary Elections once or

as 1 toward the numeric threshold of 372,197; and

C.) An Order specifically declaring that with the correct application of the 10%

conditional caveat threshold inN.J.S.A. 19:5-1, that neither defendant Republican Party

nor defendant Democratic Party is entitled to preferential ballot placement or a

separate party column as otherwise allowed in N.J.S.A. 19:14-12; and

D.) An Order declaring that defendant Guadagno and the 21 County Clerk defendants

have violated N.J.S.A. 19:5-1 andN.J.S.A. 19:14-12 by conducting a drawing and by

awarding the candidates of the defendant Republican Party and the candidates of the

defendant Democratic Party their own political party column on the November 4,

2014 Regular General Election Ballot and on the November 4, 2014 Special General

Election Ballot in District 1; and

E.) An Order specifically directing that the candidates of defendant Republican Party

and defendant Democratic Party shall not be placed in the same party column but rather

shall be placed completely separate from each other and placed, by office sought, in the

specific column for such office designated Nomination by Petition, with the name of


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the respective political party printed as a slogan under each candidates name as is

required byN.J.S.A. 19:14-12; and

F.) An Order awarding costs and attorneys fees and nominal damages under 42

U.S.C. sec. 1988 and other relief that the Court deems fair, just and equitable.

______________________________Dated: August 11, 2014 Richard Luzzi, Esq.

Attorney for Plaintiffs Democratic-Republica n

Organization of New Jersey; Leonard P. Marshall

Donald Letton, Alexander H. Spano, Frederick JohnLaVergne, Scott Neuman, Pablo Olivera, Allen JCannon, Tracy Caprioni, Melissa Tomlinson, Gary

C. Frazier, and Fernando Powers

______________________________Dated: August 11, 2014 Eugene Martin LaVergne

DemocraticRepublicanfor United States Senate

Plaintiff Pro Se


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CERTIFICATION PURSUANT TO R. 4:5-1:

Richard Luzzi, Esq. hereby certified pursuant toR. 4:5-1 as follows:

1. I am the attorney for named plaintiffs Democratic-Republican Organization of NewJersey; Leonard P. Marshall; Donald Letton, Alexander H. Spano, Frederick John LaVergne, Scott

Neuman, Pablo Olivera, Allen J. Cannon, Tracy Caprioni, Melissa Tomlinson, Gary C. Frazier, andFernando Powers in this matter and as such I am familiar with this case.

2. I know of no other actions or arbitration or other proceedings that are pending or contemplatedthat involve the same or similar facts to this case except as follows: LaVergne v. Lonegan, DockeNo. MER-L-1933-13.

3. I know no other parties that should be joined in this action.

______________________________Dated: August 11, 2014 Richard Luzzi, Esq.Attorney for Plaintiffs Democratic-Republica n

Organization of New Jersey; Leonard P. MarshallDonald Letton, Alexander H. Spano, Frederick John

LaVergne, Scott Neuman, Pablo Olivera, Allen J

Cannon, Tracy Caprioni, Melissa Tomlinson, GaryC. Frazier, and Fernando Powers

CERTIFICATION PURSUANT TO R. 4:5-1:

Eugene Martin LaVergne hereby certified pursuant toR. 4:5-1 as follows:

1. I am a plaintiff pro sein this matter and as such I am familiar with this case.2. I know of no other actions or arbitration or other proceedings that are pending or contemplatedthat involve the same or similar facts to this case except as follows: LaVergne v. Lonegan, Docke

No. MER-L-1933-13.3. I know no other parties that should be joined in this action.

______________________________Dated: August 11, 2014 Eugene Martin LaVergne

DemocraticRepublicanfor United States SenatePlaintiff Pro Se


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VERIFICATION:

Donald Letton hereby certified as follows:

1. I am a named plaintiff this Verified Complaint. I am familiar with the factsthat give rise to this case.

2. The facts contained in the Verified Complaint are true. The Exhibits

attached to the Verified Complaint are true copies of the original documents.

I certify that the foregoing statements made by me are true. I am aware that ifany of the foregoing statements made by me are knowingly false I am subject to

punishment.

__________________________________

Dated: August 11, 2014 Donald LettonDemocraticRepublican for

U.S. House of RepresentativesDistrict 1


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VERIFICATION:

Alexander H. Spano hereby certified as follows:





punishment.

__________________________________

Dated: August 11, 2014 Alexander H. SpanoDemocraticRepublican for



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VERIFICATION:

Frederick John LaVergne hereby certified as follows:





punishment.

______________________________

Dated: August 11, 2014 Frederick John LaVergneDemocraticRepublican for



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VERIFICATION:

Scott Neuman hereby certified as follows:





punishment.

__________________________________

Dated: August 11, 2014 Scott NeumanDemocraticRepublican for



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VERIFICATION:

Allen J. Cannon hereby certified as follows:





punishment.

______________________________

Dated: August 11, 2014 Allen J. CannonDemocraticRepublican for



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VERIFICATION:

Pablo Olivera hereby certified as follows:





punishment.

__________________________________

Dated: August 11, 2014 Pablo OliveraDemocraticRepublican for


Documents

2014 DR Verified Complaint FINAL