In re the Application for an Order Directing the Borough Clerk

Heard and decided by

Case, J.

Harry Dvorken filed a petition, with the requisite number of signers, seeking nomination as a candidate of the Democratic party for councilman of the borough of Roselle. Upon objection filed, the borough clerk determined that Dvorken was not a member of the Democratic party and' that therefore his name should not he printed on the primary ballot.

I know of no statutory provision stating, in so many words, that a person, to be eligible for nomination by petition upon a primary ballot as a party candidate, must be a member of that party, though the legislative purpose…