ELECTION AND POLITICAL LAW
21-3-0298 Connelly v. Byrne, Law Div.-Hudson Cy. (Bariso, A.J.S.C.) (8 pp.) Petitioner Sean M. Connelly, as a candidate for councilmen-at-large in the May 14, 2013, City of Jersey City Municipal Election, has filed a verified petition seeking an order compelling respondent, Robert Byrne, in his Capacity as Clerk of the City of Jersey City, to include petitioner’s name on the June 11, 2013 run-off municipal election conducted in accordance with N.J.S.A. 40:45-19. This court previously entered an order permitting candidates Peter M. Brennan and Omar Perez to withdraw from the run-off election. The primary issue in this application is whether N.J.S.A. 40:45-19 should be construed as permitting the candidate with the next highest number of votes to be substituted in the place of the withdrawn candidate. The court finds the instant scenario to be sufficiently analogous to that of a candidate’s death to trigger the same procedure as is provided for by N.J.S.A. 40:45-19. Petitioner’s application to participate in the June 11, 2013 run-off election is granted.
