With respect to the Wayne municipal ballot matter, Judge Ernest Caposela this morning cited the (Bret) Schundler case in ruling that a right to bracketing is a fundamental exercise of expression, and called for a new drawing, scheduled for 2 p.m. today in the clerk’s office.

While usually deferring to county clerk on ballots, this does not preclude court intervention, the judge noted.

“This court is well aware of the logistics. Mail-ins have already been sent and people have voted already. There is a Controlling statute here, NJSA19:49-2 [Ballot positioning],” he said. “The Court must adhere to clear reading of the legislature. Should not read into language that’s not there.”

Candidates need approval to bracket from campaign chairman and authorization. Campaign chair Troast gave permission to Vergano et al on PCRRO slogan. Passaic County Regular Republican Organization Chairman John Traier had given permission to Lonnie Miller Ryan et al. The question is whether Traier had authority to do so. There is no question as to his position, Caposela said. A slate that doesn’t share a slogan cannot share a bracket. This is to avoid confusion by the voters.

Fundamental fairness and appliance of the statute, the judge said. Wayne Republicans 2017 candidates shall be removed from Row A. The other candidates shall be removed from Row F. The PCRRO has row A. Court is satisfied that PCRRO candidates didn’t know they wouldn’t be on Row A. Bc ballot was approved by the clerk, the county shall take on any costs with changing the ballot. Courts opinion that bottom of the ballot line F and E is open. Line E doesnt require permission of a guv candidate. Court says use Line E or F and candidates can draw positions and voters will have a clearer understanding. Clerk ordered not to send out any existing ballots in Wayne. New MIBs shall be issued and conformed yo the courts order. Any completed ballots shall be segregated and maintained, and new ballots sent to those voters, to avoid disenfranchisement.