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NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION

Argued on an emergent application May 8, 2001

Applicants Glen Gilmore and Michael Dupont brought these proceedings to invalidate L. 2001, c. 73 (Chapter 73) because of procedural irregularities that are alleged to have occurred in the Senate on the date the bill was introduced. Chapter 73 changed the primary election date for 2001 from June 5 to June 26, increased public financing grants and expenditure limits for gubernatorial candidates, and altered various deadlines for statutorily mandated pre-primary and post-primary activities. Applicants’ petition to invalidate the enactment was filed pursuant to N.J.S.A. 1:7-4. That statute confers original jurisdiction upon the Appellate Division to consider challenges to the validity of laws and joint resolutions adopted by the Legislature. Ibid.; see also N.J.S.A. 1:7-1. The jurisdiction granted is limited to deciding attacks upon the “machinery of enactment.” In re Application of McCabe, 81 N.J. 462, 465 (1980). We are not empowered to consider the substantive constitutional validity of the laws themselves. Ibid.

 
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