Opinion
M-245 September Term 2002
October 1, 2002
ORDER
This matter having come before the Court on the application of plaintiffs for an Order directly certifying the action now pending in the Superior Court, Law Division, Middlesex County, and the Court having determined to certify the matter directly on its own motion pursuant to Rule 2:12-1,
And good cause appearing;
IT IS ORDERED that this cause, now pending in the Superior Court, Law Division, Middlesex County, is certified directly to this Court, to the end that it may be reviewed by this Court; and it is further
ORDERED that this cause shall be deemed pending on appeal in this Court, and that further proceedings shall be conducted in the same manner as provided for appeals as of right, subject to the provisions of this Order; and it is further
ORDERED that all papers necessary to be filed in the matter by the parties shall be filed by the Clerk of the Court without payment to him of fees for such filing; and it is further
ORDERED that the parties shall file with the Clerk of this Court no later than 2:00 p.m., Tuesday, October 1, 2002, twelve copies of the briefs and appendices that were prepared for submission to the Law Division; and it is further
ORDERED that the parties shall file supplemental briefs and appendices with the Clerk of this Court by 4:00 p.m., Tuesday, October 1, 2002, to address, inter alia, the following questions in respect of all ballots, including absentee, military, provisional, emergency, voting machine, ballot card, or otherwise:
1. What is the current status of ballot printing and mailing for all counties? and
2. How long would it take to prepare new ballots should that become necessary?
And it is further
ORDERED that this matter be set down for oral argument on Wednesday, October 2, 2002, at 10:00 a.m. in the Supreme Court courtroom, Hughes Justice Complex, Trenton; and it is further
ORDERED that the parties shall inform the Clerk of the Court by 4:00 p.m. today of the name of the attorney who will appear on their behalf at oral argument, with the county clerks being represented by a single attorney; and it is further
ORDERED that the Order to Show Cause issued by the Law Division is dismissed as moot. The stay of the printing of ballots ordered by Judge Ciccone on this date shall remain in effect until the further Order of this Court. The Court notes that in granting this stay it takes no position on the underlying merit of plaintiffs' verified complaint.
And it is further
ORDERED that plaintiffs' motion for direct certification (M-245-02) is dismissed as moot, the Court having certified the matter on its own motion.
WITNESS, the Honorable Deborah T. Poritz, Chief Justice, at Trenton, this 1st day of October, 2002.
/s/ Stephen W. Townsend Clerk of the Supreme Court
Chief Justice Poritz and Justices Coleman, Long, Verniero, LaVecchia, Zazzali, and Albin join in the Court's Order.