State of New Jersey

OFFICE OF ADMINISTRATIVE LAW

INITIAL DECISION
OAL DKT. NO. STE 05344-16
SUE ANN PENNA,
Petitioner,
v.
KASICH 8TH DISTRICT DELEGATES,
Respondent.
___________________________________
Eric Dixon, Esq., for petitioner

Brian M. Nelson, Esq., for respondent (Archer & Greiner, P.C., attorneys)

Record Closed: April 11, 2016

Decided: April 12, 2016

BEFORE IMRE KARASZEGI, JR., ALJ:

STATEMENT OF THE CASE

This is a challenge by petitioner, Sue Ann Penna (Penna) seeking to invalidate

the petitions submitted for the slate of congressional district delegates/alternates to the
Republican National Convention by respondent, Kasich 8th District Delegates. Under
N.J.S.A. 19:24-4, at least 100 valid signatures are required in order for the delegates
names for a presidential candidate to appear on a primary ballot.

Petitioner has

challenged numerous signatures of the 142 signatures submitted by respondent and not
already stricken by the New Jersey Division of Elections.

New Jersey Is An Equal Opportunity Employer.

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PROCEDURAL HISTORY
Respondent submitted 142 signatures to the Division of Elections within the New
Jersey Department of State. On or about April 4, 2016, respondent filed with the State
Division of Elections petitions/booklets of signatures marked at this hearing as R-1, R-2,
R-3, R-4, R-5, R-7, R-8, R-9, R-10.
On April 8, 2016, petitioner filed a formal objection to the nominating petitions.
Subsequently, on the same date, the Division of Elections transmitted the matter to the
Office of Administrative Law (OAL) for determination as a contested case pursuant to
N.J.S.A. 52:14B-1 to -15 and N.J.S.A. 52:14F-1 to -13. I heard the matter on April 11,
2016, and the record closed on the same date.
FINDINGS OF FACT
Proofs presented in support of the challenge to the nominating petition will be
discussed under appropriate headings. The challenges fall into these categories: (1)
signers whose listed residence address is not within the 8th congressional district; (2)
signers who are registered Democrats; (3) signers whose names and addresses do not
match with any state voter registration records, including, but not limited to, illegible
names, duplicates, not registered.
Patrick J. Parmelee, administrative analyst and system administrator with the
New Jersey Department of State, Division of Elections, was sworn in to conduct
objectively and truthfully to the best of his ability the electronic queries of the Statewide
Voter Registration System (SVRS).

He described the SVRS as a computer data

system, which is updated daily and contains the most recently available information
about all voters registered in the State. In addition to the names and addresses of
registered voters, the data retrieval system also has the capacity to display telephone
number, party affiliation, date of birth, voting history, and congressional district. Also,
the signature on the registration record is scanned into the SVRS and can be readily
compared to the signature on the petition.

At the hearing, Parmelee checked the

registration records for the names and addresses of signers challenged by petitioner.
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(1) Signers outside the 8th Congressional District

Kristyl Cortes (Exhibit R-2, Line 2), Jimmy Touhey (R-2, 4), Rosemarie Kaufeler
(R-2, 5), Shawn Szkodyn (R-2, 9), Daniel Cortes (R-2, 10), Mouna Fakih (R-2, 16),
Robert Trolice (R-2, 18), Robert Garrett (R-2, 19), Marilyn Trolice (R-2, 22), Daniel
Herrera (R-2, 23), Joe Lomont (R-2, 25), Steve Fusco (R-8, 1), Salvatore Caldarone (R8, 3), Michael J. Gullifer (R-8, 4), Andrew Price (R-8, 6).

I FIND that fifteen individuals who signed are ineligible to sign the nominating
petitions because they reside outside the 8th Congressional District.

(2) Signers who are registered Democrats

William J. Chwalyk (R-2, 6), Wafa Baradaagi (R-2, 15), John Good (R-2, 20),
Howard E. Porch (R-2, 24), Ronald A. Pagano (R-2, 64), Michael Petrosino (R-5, 9),
Marianne Grendon (R-5, 11), Debra Tantleff (R-5, 16), Doris Tori (R-7, 3), Christina
Russo (R-8, 28), Ted Mauseth, Jr. (R-8, 33).

I FIND that eleven individuals are ineligible to sign respondents petition because
they are registered Democrats.

(3) Names and addresses do not match the records of the SVRS

Andy Hernandez (R-2, 11), John Flett (R-2, 14), Joan Beebe (R-2, 65), Kristen
Cooke (R-8, 43)

I FIND that four individuals are ineligible to sign respondents petitions because
their names and addresses do not match the records of the SVRS.

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(4) Duplicate signatures

Ryan J. Peene (R-8, 2), Patrick Wherry (R-8, 5), Edward McBride (R-8, 7),
James Sanford (R-8, 8)

I FIND that four signatures are duplicates and should be removed from
respondents petitions.

(5) Not registered voters

Jorge Ferante (R-2, 13), Bradford Trent Windsor (R-3, 7), Nicholas Giello (R-5,
19), Stephanie Muehlhausen (R-8, 24), John Amore (R-8, 26), Robert Bowdon (R-8,
30), Beth Mack (R-9, 13)

I FIND that seven signatures appear of persons who are not registered to vote.

CONCLUSIONS OF LAW

Election laws are to be liberally construed so as to effectuate their purpose. They

should not be construed so as to deprive voters of their franchise or to render an
election void for technical reasons. Kilmurray v. Gilfert, 10 N.J 435, 440 (1952); In re
Ross Petition, 116 N.J. Super 178, 184 (App. Div. 1971). Usually, it is in the public
interest to submit to the electorate a ballot bearing the names of candidates of all
qualifying groups and parties. Kilmurray, at 441. In enacting the mechanisms governing
elections, our Legislature intended to promote participation in the candidate-selection
process, and to give voters more choices in primary elections. Lesniak v. Budzash,
133 N.J. 1, 17 (1993). See also, New Jersey Democratic Party, Inc. v. Samson, 175
N.J. 178, 190 (2002).

Voter signatures need not be in the form identical with that appearing on the
registration records. Many people have more than one signature. Once the matter
reaches a judicial tribunal, a signature consistent with that of the registered voter, of one
residing in the recorded address of the registrant, must be deemed prima facie that of
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the registered voter, and the burden is on any challenger to show the contrary. Stone v.
Wyckoff, 102 N.J. Super. 26, 34 (App. Div. 1968), certif. denied.52 N.J. 254 (1968).

Applying the statutory standard to the facts of this case, the outcome depends on
a straightforward mathematical computation. Having reviewed petitioners challenges to
the signatures and based on the foregoing facts and applicable law, I CONCLUDE that
respondent has 100 or more valid signatures for the purpose of qualifying the slate of
delegates and alternate delegates to the Republican National Convention supporting
presidential candidate John R. Kasich from the 8th Congressional District.

ORDER
It is ORDERED that the slate of delegates and alternate delegates to the
Republican National Convention supporting presidential candidate John R. Kasich from
the 8th Congressional District be placed on the ballot for the 2016 Republican primary
election for President of the United States of America.

I hereby FILE my initial decision with the SECRETARY OF STATE for

consideration.

This recommended decision may be adopted, modified or rejected by the

SECRETARY OF STATE, who by law is authorized to make a final decision in this
matter. If the Secretary of State does not adopt, modify or reject this decision within
forty-five days and unless such time limit is otherwise extended, this recommended
decision shall become a final decision in accordance with N.J.S.A. 52:14B-10.

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Any party may file exceptions with the DIRECTOR OF THE DIVISION OF
ELECTIONS, DEPARTMENT OF STATE, by facsimile transmission at (609) 777-1280
within two hours of receipt of the initial decision. A hard copy shall be mailed within
twenty-four hours of the facsimile transmission to the DIRECTOR OF THE DIVISION
OF ELECTIONS, DEPARTMENT OF STATE, 225 West State Street, 5th Floor, PO
Box 304, Trenton, New Jersey 08625-0304, marked Attention: Exceptions. A copy
of any exceptions must be sent to the judge and to the other parties.

April 12, 2016

DATE

IMRE KARASZEGI, JR., ALJ

Date Received at Agency:

4/12/16

Date Mailed to Parties:

4/12/16

id

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APPENDIX

LIST OF WITNESSES
For Petitioner

None

For Respondent
None
LIST OF EXHIBITS IN EVIDENCE
For Petitioner
None
For Respondent
R-1, R-2, R-3, R-4, R-5, R-7, R-8, R-9, R-10 Petitions of Nomination for the
Primary Election-Republican Congressional District Delegates/Alternates