Mays v. Penza

STEEDLE, J. S. C.

Plaintiffs in the present action seek a determination that the nomination by the defendant Atlantic County Democratic Party officials of defendant Thomas Penza as a Democratic candidate for the unexpired term of an Egg Harbor City council seat based upon defendants’ purported failure to comply with provisions of N.J.S.A. 19:27-11 and N.J.S.A. 19:13-20 is void.

The relevant facts in this case are largely uncontroverted. On or about August 22, 1980, incumbent Egg Harbor City councilman Donald Anderson, a Democrat, resigned his seat, the term of which expired on December 31,…