Essex County Clerk: "Lt.

Governor/Secretary of State Guadagno violated State Election Laws"

"Special Senate Election Candidate Eugene Martin LaVergne was right - Lt. Governor/Secretary of State !M G"#$#G%& violated election laws". - Essex County Clerk Christopher Durkin In an unprecedented "mea culpa", Essex County Clerk Christopher Durkin declared, in writing, that State Election Laws were intentionally iolated during the conduct o! the State Special Senate Election, and lays the "lame s#uarely at the !eet o! the Lt$ %o ernor&Secretary o! State 'im"erly %uadagno in her o ersight role o! State Elections$ (read )r$ Durkin*s statement here - http:&&www$scri"d$com&doc&+,--./,0+&DurkinLetter1 Durkin*s claim is that he was unaware o! his own iolation o! the laws in allowing the 2epu"lican candidate a pre!erred "allot column, and acted speci!ically at the instruction o! State Election 3!!icials$ Speculation has arisen that he has come !orward in light o! an ongoing in estigation "y the 4nited States Senate$ 5he claim rings somewhat hollow, howe er, when it is considered that he and all /- o! the other county clerks were ser ed notice o! the !ailure o! 2epu"lican candidate to meet the necessary )I6I)4) standard to #uali!y !or "pre!erential" placement on the "allot prior to the drawing !or "allot placement$ (Durkin was almost certainly aware that 6EI57E2 party #uali!ied !or a pre!erential placement in the %eneral Election, "ut doesn*t address this in his letter$1 In the resulting action taken "y candidate Eugene )artin La8ergne o! the "Democratic2epu"lican" 9arty, speci!ically "La8ergne $ Lonegan, et al", Docket : L - +,;;-+;, (where e ery single de!endant was personally ser ed1, it is important to note that no less than !our o! the remaining independent candidates <oined La8ergne in the suit=$ (2ead the >rie! and Exhi"its here: http:&&www$scri"d$com&doc&+??;,;@-,&Copy-distri"uted-L+,;;-+; 1 5hat lawsuit arose out o! the Clerks* collecti e dismissal o! La8ergne*s notice to them o! Lonegan's failure to #uali!y !or ma<or party consideration, and !orging ahead with the "allot construction - as Durkin claims they were ordered to do$ >y doing so, each knowingly iolated se eral sections o! the State Election Code - in a AEDE2BL Election$ Cudge Caco"son o! the 6ew Cersey State Superior Court ruled that La8ergne was, indeed, correct in his assertions that the law had "een iolated, "ut allowed procedural delays and misleading&!alse testimony o!!ered "y the Bttorney %eneral*s 3!!ice to "e her excuse !or !ailing to pro ide remedy$ She later !urther !ailed to act when presented with the e idence o! the !raudulent testimony, again "laming her inaction on the premise that there was no time le!t to make remedy$

(ecause )udge )aco*son failed in her duty to act to enforce the laws she was sworn to uphold, Democratic-2epu"lican Eugene )artin La8ergne prepared and !iled a petition to the 4nited States Senate 2ules Committee, asking !or re iew o! the conduct o! the election, with the potential that a1 the election "e declared a nullity, and "1 that criminal in estigations "e "rought in this election !rom Aederal Buthority, as those who iolated the laws include mem"ers o! the State*s elected and appointed legal authority in a AEDE2BL Election$ 5his action was taken "e!ore the 3cto"er +@th, /-+; Special Senate Election e en took place$ 5o read 8ice 9resident Coe >iden*s copy o! the Special Senate 9etition, go here: http:&&www$scri"d$com&doc&+?@;;@-.;&4nited-States-Senate-!iling-2E-6C-S9ECIBLSE6B5E-ELEC5I36-C365ES5ED Cudge Caco"son*s acknowledgement that the laws were, indeed, iolated, creates a huge pro"lem !or those named in the suit i! criminal charges result !rom the Senate Bction$

3n >ackground: Bccording to 6ew Cersey Election Law and our State Constitution, a 9olitical 3rganiDation can only #uali!y !or a "allot column as a "ma<or party" "y meeting a speci!ic and stringent set o! standards$ 3nce that status is achie ed, it is retained "y "polling" - achie ing a pre-esta"lished percentage o! registered oters appearing at the polls and casting a "allot$ 5he standard that must "e met in 6ew Cersey, per our State Constitution, is that +-E o! the total num"er o! "allots cast A32 BSSE)>LF CB6DIDB5ES in the prior State %eneral Election must "e e#ualed or exceeded$ 5he 2epu"lican 9arty !ailed to meet that standard in the /-+/ Election, and again in the /-+; primary !or the %eneral Election held last month$ 5ruth "e told, the Democrats !ailed to "poll" in Cune, as well, "ut it could ha e "een argued that the turnout in the Democrat "Special Election 9rimary" was su!!icient to allow Cory >ooker his column$ I! a 9olitical 9arty !ails this test, their candidates all "ecome, "y de!ault, "nomination "y petition" - a "hardship" endured "y all independent candidates$ Interestingly enough, independent candidates CB6 achie e a column, "y ""racketing" - "ut a "racket re#uest must "e !iled "e!ore .:;- p$m$ on the same day as the 9rimaries are held, while the polls are still open$ 5his is to le el the playing !ield !or all candidates - who are guaranteed a right o! association "y "oth the State and Aederal Election Laws$ )a<or parties )BF 635 AILE "racket re#uests, "ecause they don*t know the outcome o! their primary election "e!ore the polls close (in theory1, and, "y conducting a primary election, (at 5BG9BFE2 EG9E6SE1, they are agreeing that they will uni!ormly "ack the winners in their respecti e primaries$ In short, i! you don*t poll, you don*t get a column - not e en "y ""racketing"$ Aurther, candidates who run as a ma<or party candidate in a primary election and L3SE are en<oined !rom running as an independent candidate in the same election$

= Special Senate Election Candidates 2o"ert De9as#ualle, Stuart )eissner, and 9a"lo 3li era, and Bntonio 6ico Sa"as all <oined not only the "La8ergne Lonegan" suit, they are !ellow petitioners in La8ergne*s action "rought "e!ore the 4nited States Senate 2ules Committee >EA32E 57E ELEC5I36 E8E6 533' 9LBCE$ It is o! !urther note that, dissatis!ied with the collusion that took place "etween the two so-called "ma<or" parties in the election process, all !our will "e running in /-+. as "Democratic-2epu"licans", as will Eugene )artin La8ergne, who will again "e seeking to ser e 6ew Cersey in the 4nited States Senate$ 5hree will "e seeking 7ouse seats, and the !ourth intends to run !or a speci!ic Essex County o!!ice$