Public-domain · open source
OpenJurist

59 N.J. 236

281 A.2d 276

Smith v. Hayes

Supreme Court of New Jersey

Decided September 13, 1971

Supreme Court of New Jersey · decided 1971-09-13

Cited by 7 later decisions — most recently May 1989

7 state decisions

Key passage — most relied on by later courts

“The legitimate statutory objective [ N.J.S.A. 19:13-7] may be met by a single verification * * * and no more.”

quoted by 1 later decision, including 116 N.J. Super. 178 - In Re Ross Petition

Relies on Smith v. Hayes · Carbone v. Kugler

Good law ✅— No negative treatment on recordhow we know

Decided 1971-09-13

View the full empirical analysis of this case →

Pee Ctjeiam

¶1 These are election matters and because of the inherent time limitations, we heard argument on petitions for certification as if they had been granted. Certification is granted and the matters remanded for further proceedings in accordance herewith.

¶2 The single question is whether N. J. S. A. 19:13-7 is arbitrary in its request that the signatures on a nominating petition shall be supported by the affidavits of 5 of the signers that they “saw all the signatures made thereto.” No criticism is levelled against the requirement for verification as such but it is insisted that to demand five such affiants serves no public purpose and is therefore unwarranted. We agree. The legitimate statutory objective may be met by a single verification, and the statute will be construed to require such verification and no more. This result brings the statute into harmony with other statutory provisions dealing with the verification of nominating petitions.

¶3 Mr. Justice Mountain votes to affirm for the reasons expressed in the opinions of the Appellate Division in these matters. (Smith v. Hayes, 116 N. J. Super. 133, 1971; Carbone v. Kugler, 116 N. J. Super. 130, 1971).

¶4*238 For remandment—Chief Justice Weintbaub and Justices Jacobs, Ebanois, Pboctob, Hall and Schettino—6.

¶5 For affirmance—Justice Mountain—1.

/59/nj/236 · .json · Public domain