Both Parties utterly fail to qualify for Ballot Lines in November

Less than lackluster primary turn-out to blame.

The Statutes are clear. To maintain the preferred real estate in the left columns of the ballot for
General Election, either on the mailed Sample Ballots, the Mail-in Ballots, Provisional Ballots, OR
on the Voting Machines, each party is required to meet a demonstrated standard of community
support.
That standard, set by Statute in Title 19 of our NJ Election Code, is, to all appearances, a fairly low one,
at first glance. Surely the two so-called major parties couldnt fail to meet that standard could they?
The Statute requires that 10% of the NJ Registered Voters who cast a ballot for ASSEMBLY in the prior
years General Election, in this case, the 2013 General Election, must darken the doorways of the polling
places State-wide and cast a ballot in the JUNE PRIMARY.
ON June 3
rd
, 199,329 Democrats cast a ballot for the candidate of their choice for the US House of
Representatives.
ON June 3
rd
, 152,686 Republicans showed their support for their party by casting a ballot in selecting
their candidate for the US House of Representatives.
Not enough.
The bar, set by Lt. Governor Kim Guadagno in her Certification of Political Parties, issued on
12/3/2013, which allowed the two major parties to CONDUCT a State-funded primary election a few
weeks ago, was 372,197. That number, per the certification, is 10% of the total votes cast for NJ State
Assembly. That is the amount the Statute requires be met or exceeded. (view the certification HERE:
http://www.scribd.com/doc/233968018/2013-Certification-of-Political-Parties )
By the way only 32% of New Jersey Registered Voters are recorded as Democrat, and only 18% of
New Jersey Registered Voters are recorded as Republican. 49.8% are listed as unaffiliated
formerly referred to as independent, until someone realized that THAT might lead to implications no
one in the two so-called major parties wanted voters pondering.
Thats right independent voters, who represent HALF of the registered voters in the State, get to PAY
for the primaries they just CANT VOTE in them, (unless they choose to change their registration and
vote as a Democrat or Republican.)
The Democrats barely managed half the necessary total, with only 53.55% of the 10% requirement
showing up.
The Republicans did far worse, with only 41.02% of the necessary total.
It has been argued in the past by attorneys for both parties that position doesnt matter on the
ballotyet they fight fiercely with one another for the coveted column in the primaries, and even
harder to maintain a right they dont own.
Does position really not matter?
It looks like theyre about to find out.
Nomination by Petition (independent) candidates may bracket for a ballot columna process denied
the so-called major parties in exchange for the privilege of a State-funded primary. That right of
association is guaranteed in law both in Federal and NJ State Elections.
IN FACT, last year, during the Senate Special Election, no less than FIVE of the then Eight candidates for
the seat that became open when Sen. Frank Lautenberg (D) passed away in June of 2013, SUED over
improper ballot placement. They prevailed in the action, LaVergne v Lonegan, Docket # L 1933-13
(viewed HERE: http://www.scribd.com/doc/171235480/Docket-L-1933-13 ), but too late to render a
remedy. New Jersey Superior Court Judge Mary Jacobsons ruling was clear. The standard was NOT
met, and must be enforced in future elections. All 21 County Clerks were duly noticed, and ordered to
pay costs to the plaintiff costs only being awarded if one prevails.
These same five candidates took further action, bringing a petition before the US Senate RULES
COMMITTEE before the Special Election even took placeobjecting to the Clerks collective disregard of
NJ State Law and Federal Law in a Federal Election. (that action may be reviewed HERE:
http://www.scribd.com/doc/176336043/United-States-Senate-filing-RE-NJ-SPECIAL-SENATE-ELECTION-
CONTESTED )
So, what does this all mean?
If the Clerks actually FOLLOW THE LAW, the Democratic-Republican Candidates bracketed together as
D/R Party* qualify for the ONLY ballot COLUMN ASSIGNMENT in the November General Election. All
other candidates are REQUIRED to be assigned their positions in a random drawing by Statute, a
drawing held publicly also by Statute - on August 11
th
at 3 p.m. in each County Office.
IF a party cant demonstrate sufficient community support at the polls on primary day, they dont get
special treatment. (Truth be told, such treatment may be unconstitutional, anyway, but thats a fight
for another day).
Will the Clerks comply?

Stand for whats right, or settle for whats left Frederick John LaVergne, Democratic-
Republican for Congress, NJ CD3, 2014