19:3-9 - Circumstances under which office not void - New Jersey Statutes

19:3-9.  Circumstances under which office not void
    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.