New Jersey Statutes 19:3-9. Circumstances under which office not void
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Terms Used In New Jersey Statutes 19:3-9
- Election: means the procedure whereby the electors of this State or any political subdivision thereof elect persons to fill public office or pass on public questions. See New Jersey Statutes 19:1-1
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Public office: includes any office in the government of this State or any of its political subdivisions filled at elections by the electors of the State or political subdivision. See New Jersey Statutes 19:1-1
- Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
When upon the trial of any action or proceedings instituted under this Title for the purpose of securing a determination that any nomination for or election to any public office or party position is null and void, it shall appear from the evidence that the offense complained of was not committed by the candidate, or with his knowledge or consent, and that all reasonable means were taken by or on behalf of the candidate to prevent the commission of any such offense, or that the offenses complained of were trivial or unimportant, and that in all respects his candidacy and election were free from all illegal acts, or that any act or omission of any candidate complained of arose from accidental miscalculation or from some other reasonable cause of like nature, and in any case did not arise from any want of good faith, and under the circumstances it seems to the court or judge to be unjust that the candidate shall forfeit his nomination, position or office, then the nomination or election of such candidate shall not by reason of such offense complained of be void.
Amended by L.1953, c. 19, p. 323, s. 1.