Essex County Clerk: "Lt. Governor/Secretary of State Guadagno violated State Election Laws"

Guadagno toasting failed REVEL Casino
Guadagno toasting failed REVEL Casino

"Special Senate Election Candidate Eugene Martin LaVergne was right - Lt. Governor/Secretary of State KIM GUADAGNO violated election laws".  - Essex County Clerk Christopher Durkin


In an unprecedented "mea culpa", Essex County Clerk Christopher Durkin declared, in writing, that State Election Laws were intentionally violated during the conduct of the State Special Senate Election, and lays the blame squarely at the feet of the Lt. Governor/Secretary of State Kimberly Guadagno in her oversight role of State Elections.

(read Mr. Durkin's statement here  - http://www.scribd.com/doc/190042951/Durkin-Letter)


Durkin's claim is that he was unaware of his own violation of the laws in allowing the Republican candidate a preferred ballot column, and acted specifically at the instruction of State Election Officials.  Speculation has arisen that he has come forward in light of an ongoing investigation by the United States Senate.


The claim rings somewhat hollow, however, when it is considered that he and all 20 of the other county clerks were served notice of the failure of Republican candidate to meet the necessary MINIMUM standard to qualify for "preferential" placement on the ballot prior to the drawing for ballot placement.  (Durkin was almost certainly aware that NEITHER party qualified for a preferential placement in the General Election, but doesn't address this in his letter.)


In the resulting action taken by candidate Eugene Martin LaVergne of the "Democratic-Republican" Party, specifically "LaVergne v. Lonegan, et al", Docket # L - 1933-13, (where every single defendant was personally served), it is important to note that no less than four of the remaining independent candidates joined LaVergne in the suit*.  (Read the Brief and Exhibits here:  http://www.scribd.com/doc/177393609/Copy-distributed-L-1933-13 )


That lawsuit arose out of the Clerks' collective dismissal of LaVergne's notice to them of Lonegan's failure to qualify for major party consideration, and forging ahead with the ballot construction - as Durkin claims they were ordered to do.  By doing so, each knowingly violated several sections of the State Election Code - in a FEDERAL Election.


Judge Jacobson of the New Jersey State Superior Court ruled that LaVergne was, indeed, correct in his assertions that the law had been violated, but allowed procedural delays and misleading/false testimony offered by the Attorney General's Office to be her excuse for failing to provide remedy.  She later further failed to act when presented with the evidence of the fraudulent testimony, again blaming her inaction on the premise that there was no time left to make remedy. 


Because Judge Jacobson failed in her duty to act to enforce the laws she was sworn to uphold, Democratic-Republican Eugene Martin LaVergne prepared and filed a petition to the United States Senate Rules Committee, asking for review of the conduct of the election, with the potential that a) the election be declared a nullity, and b) that criminal investigations be brought in this election from Federal Authority, as those who violated the laws include members of the State's elected and appointed legal authority in a FEDERAL Election.  This action was taken before the October 16th, 2013 Special Senate Election even took place. 


To read Vice President Joe Biden's copy of the Special Senate Petition, go here:  http://www.scribd.com/doc/176336043/United-States-Senate-filing-RE-NJ-SPECIAL-SENATE-ELECTION-CONTES...


Judge Jacobson's acknowledgement that the laws were, indeed, violated, creates a huge problem for those named in the suit if criminal charges result from the Senate Action.




On Background:  According to New Jersey Election Law and our State Constitution, a Political Organization can only qualify for a ballot column as a "major party" by meeting a specific and stringent set of standards.  Once that status is achieved, it is retained by "polling" - achieving a pre-established percentage of registered voters appearing at the polls and casting a ballot.  The standard that must be met in New Jersey, per our State Constitution, is that 10% of the total number of ballots cast FOR ASSEMBLY CANDIDATES in the prior State General Election must be equaled or exceeded.  The Republican Party failed to meet that standard in the 2012 Election, and again in the 2013 primary for the General Election held last month.  Truth be told, the Democrats failed to "poll" in June, as well, but it could have been argued that the turnout in the Democrat "Special Election Primary" was sufficient to allow Cory Booker his column.


If a Political Party fails this test, their candidates all become, by default, "nomination by petition" - a "hardship" endured by all independent candidates.  Interestingly enough, independent candidates CAN achieve a column, by "bracketing" - but a bracket request must be filed before 4:30 p.m. on the same day as the Primaries are held, while the polls are still open.  This is to level the playing field for all candidates - who are guaranteed a right of association by both the State and Federal Election Laws.


Major parties MAY NOT FILE bracket requests, because they don't know the outcome of their primary election before the polls close (in theory), and, by conducting a primary election, (at TAXPAYER EXPENSE), they are agreeing that they will uniformly back the winners in their respective primaries.  In short, if you don't poll, you don't get a column - not even by "bracketing".


Further, candidates who run as a major party candidate in a primary election and LOSE are enjoined from running as an independent candidate in the same election.



* Special Senate Election Candidates Robert DePasqualle, Stuart Meissner, and Pablo Olivera, and Antonio Nico Sabas all joined not only the "LaVergne v Lonegan" suit, they are fellow petitioners in LaVergne's action brought before the United States Senate Rules Committee BEFORE THE ELECTION EVEN TOOK PLACE.


It is of further note that, dissatisfied with the collusion that took place between the two so-called "major" parties in the election process, all four will be running in 2014 as "Democratic-Republicans", as will Eugene Martin LaVergne, who will again be seeking to serve New Jersey in the United States Senate.  Three will be seeking House seats, and the fourth intends to run for a specific Essex County office.




Whoisleadingus?? December 07, 2013 at 08:01 PM
Mark my words...ALL Democrats who supported the President's "it's easier to beg for forgiveness than ask for permission" style of leadership, should be VERY afraid when they ask to be re-elected.
Both parties have broken faith with the electorate - and both will find it difficult to justify being returned to any sort of leadership role. We have clearly demonstrated the collusion between the party leadership here in NJ, where the bosses divide the spoils, speaking, of course, of pay to play dollars, graft, and no-bid contract pay-offs. Christie had to select Guadagno to carry Monmouth County last time, and did so because the pay-to-play investigations had tainted any other possible party hopefuls. Now, she has demonstrated the same willingness to put party before people in violating election laws with seeming impunity. When you elected Christie, you effectively elected Guadagno, as Christie will not be around to lead. As more and more information begins to reach the public - specifically the deal which allowed the Republicans to keep the State House in exchange for allowing the Democrats to keep "their" Senate Seat - the voters will finally realize that the two so-called major parties are lead by self-serving lackies. The registered "rank and file" have been betrayed - and they know it. Look, for example, at the selection of the all but un-electable Steve Lonegan as the opponent for Christie's erstwhile greatest threat in the Governor's Race, Cory Booker. Lonegan is a professional "candidate", reminiscent of the old saw that "You can have twenty years of experience, or you can have one year of experience, twenty times". Norcross and Gilmore - the Democrat and Republican Party Bosses - have carefully carved out their respective "kingdoms" - and those who don't toe the party line are left unsupported. Barbara Buono had her political future sacrificed, and both Frank Pallone and Rush Holt were marginalized by their own parties for the sake of the agenda at hand. The illusion that the two parties are a dominant force is exactly that - nothing more. Registered Republicans represent only 18% of NJ registered voters - less than 1 in 5 - and Democrats, at 32%, represent less than 1 in 3. This with the inclusion of "soft" D's and R's, who were told they had to choose one or the other party when registering - which was never true, but a common practice over the last 40 years or so. 49% of New Jersey voters are "unaffiliated" - and, if they knew their power, they would actually show up at the polls. Durkin acknowledged that the Republicans had an abysmal turn-out in the Special Senate Election primary, but did NOT mention that, in truth, NEITHER party "polled" for this year's general election, and - (and you may rest assured I know from whence I speak) - the "LaVergne v Lonegan" suit didn't bother to raise that issue, for reasons that will become apparent as the 2014 cycle proceeds. For more on this, watch for the brief on "Stein v McGettigan" headed for the New Jersey Superior Court.
Here are the "real numbers" - http://www.scribd.com/doc/178984498/THE-REAL-NUMBERS-doc


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