Supreme Court of New Jersey

Raymond Lesniak, Petitioner-Respondent and Cross-Appellant v. John Budzash, Respondent-Appellant and…

July 7, 1993133 N.J. 1

Summary

The Supreme Court of New Jersey held that unregistered voters are not "qualified voters" under N.J.S.A. 19:23-7 and that unaffiliated voters may declare party membership by signing a party‑nomination petition, thereby validating the signatures on Budzash's and Daggett's petitions. The Court affirmed the Appellate Division judgments, modifying them to reflect these holdings. Justice Clifford dissented, arguing that the statutes and regulations limit party membership to voting in a primary or filing a declaration, and therefore unaffiliated voters should not be permitted to sign nomination petitions.