In Re Hines.

• Decision Date: 18 April 1945
• Citation: 42 A.2d 203
• Parties: In re HINES.
• Court: New Jersey Circuit Court

42 A.2d 203

In re HINES.

Circuit Court of New Jersey, Monmouth County.

April 18, 1945.

Proceeding in the matter of the contest of the alleged nomination of Roland J. Hines to the office of councilman of the City of Asbury Park, in the County of Monmouth, and State of New Jersey. On respondent's motion to strike the petition.

Motion granted.

Ward Kremer, of Asbury Park, for petitioners.

Haydn Proctor, of Asbury Park, John M. Pillsbury, of Atlantic Highlands, and Nelson Ehrlich, of Asbury Park, for respondent.

Charles Frankel, of Asbury Park, for City of Asbury Park and City Clerk.

KINKEAD, Judge.

The respondent, Roland J. Hines, on February 17, 1945, filed a petition of nomination with the city clerk of Asbury Park as a candidate for the office of councilman at the municipal election which will be held in Asbury Park on May 8, 1945.

The petitioners, on March 16, 1945, filed a petition contesting the right of respondent to be nominated on the ground that he was not a resident of Asbury Park at the time of his nomination and that he has actually resided in the Borough of Interlaken, New Jersey, since December, 1943 and is thereby disqualified by the provisions of R.S. 40:81-1, N.J.S.A., from holding public office in Asbury Park.

The respondent moves to strike the petitioners' petition and contends, inter alia, that the right afforded by R.S. 19:29-1 et seq., N.J.S.A., to contest the nomination of a candidate for public office is applicable only to a candidate who is nominated at a primary election, as distinguished from one (as in the instant case) who is nominated by the filing of a petition of nomination.

The legislative intent is to be gleaned from all the provisions of an enactment, taken and compared together. Ursi v. County Employees, etc., Essex, 120 N.J.L. 52, 197 A. 744.

R.S. 19:29-1, N.J.S.A., provides that the nomination of any person to any public office may be contested, and specifies the different grounds on which a contest may be based. The ground on which the nomination of the respondent is contested is set forth in subdivision (i), which provides that a contest may be initiated ‘when a petition for nomination is not filed in good faith or the affidavit annexed thereto is false or defective.’

R.S. 19:29-2, N.J.S.A., provides substantially that the contest shall be commenced by the filing of a petition, signed by at least fifteen voters, with the clerk of the Circuit Court in the county where the contest is to take place.

R.S. 19:29-3, N.J.S.A., is as follows: ‘The petition contesting any nomination to public office * * * shall be filed not later than ten days after the primary election. * * *’ (Italics supplied.)

Neither in R.S. 19:29-3, N.J.S.A., nor in any other section of the enactment is any provision made for the contest of a nomination by petition as distinguished from a nomination by primary election.

Furthermore, it is appropraite to note at this point that when R.S. 40:84-5, N.J.S.A., was originally enacted, it provided that a candidate for public office whose nomination was effectuated by the filing of a petition of nomination had to...