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FEDERAL ELECTION COMMISSION 1325 K SIRET NW. WASHINGTON.D.C. 2046 A

THIS IS THE END OF M1UR :-

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BEFORE THE FEDERAL ELECTION COMMISSION

In the Matter of MUR 632 (78) Orlin G. Cole

CERTIFICATION

I, Marjorie W. Emmons, Secretary to the Federal

Election Commission, do hereby certify that on July 20,

1978, the Commission approved by a vote of 6-0 the

recommendations in the General Counsel's Report dated

July 17, 1978 to take the following actions in the

above-captioned matter:

1. Take no further action with regard to Mr. Cole.

2. Close the file.

Date: _-_____ Marjorie W. Emmons Secretary to the Commission

Received in Office of Commission Secretary: 7-18-78, 5:00 Circulated on 48 hour vote basis- 7-19-78, 9:30 ;' :I - ' ' ' ' < i' A ...... '; ' ' .. .

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NE-ON UlWTO: Marge mot FRM4: Elissa T. Garr SUBJECT:- MUR 632 N Please have the attached General Counsel's Report on MUR 632 distributed to the Commission on a 48 hour tally basis. C Thank you. 0 iqrn

0

N 0

BEFORE THE FEDERAL ELECTION COMMISSION

In the Matter of) Orlin G. Cole ) MUR 632 (78)

GENERAL COUNSEL'S REPORT I. BACKGROUND On 26 June 1978, the Reports Analysis Division referred to the Office of General Counsel the name of Candidate Orlin G. Cole for his failure to file a 1978 10 Day Pre-Election Report pursuant to 2 U.S.C. S 434(a) (1)(A) (i). The Commission found reason to believe on 29 Aay 1978, and reasonable cause to believe on 31 May 1978, that the candidate violated 2 U.S.C. S 434b. On 3 June 1978, Mr. Cole's name, with a list of others which failed to file their respective 10 Day Pre-Election Reports, where published as non-filers. However, Mr. Cole did file this report on 6 June 1978. II. ANALYSIS A review of the reports reveals that Mr. Orlin G. Cole, a Senatorial candidate for the State of , has declared himself a Democratic "write-in" candidate for the aforementioned office. In addition, he has stated that he has " . .. not and will not accept any campaign contributions..." and that he has "... not and will have no -2 -

campaign expenditures." (Attachments I & II). Based on the latest E Index Mr. Cole has maintained his promise. According to the Bureau of Elections, in New Mexico, Mr. Cole received a grand total of (11) eleven votes in the June 6 primary. III RECOMM.ENDATION

Based on what appears to be a one-man campaign, the fact that Mr. Cole, the Cole for Congress or any other committee received nor expended any campaign funds in behalf of his candidacy, that he received virtually no voter support at the polls during the primary, and that he has filed his 10 Day Pre-Election Report, it is recommended that the Commission take no further action with regard to Mr. Cole and close this file. V 27/1~t- Date/ William C. 01, ker General Counsel FEC '--.2r* Statement of a Candidate July 1976 for Nomination or Election to Federal E ection Commission - K Street.,325 N.W. Federal Office Washington. D.C. 20463 ("Candidate" a&defined by 2 USC 431 (b)) (See reverse side for instructions) 197r! I' Note: Committees authorited to receive contributions and make expenditures in connection witi more than oineelection must ,rTifitdo\S'eparate records

with respect to each election. Il L ____"__" 1(1) Name of Candidate (in full) 2 Identificatiro Number (Commissionfiliation use only) Orlin Gentry COLE Ovrlad mjCm C/5?Drn"cai (b) Address (number and street) 4.713 litenStaeNES for thc J.or thc United St5ates Senatenlt Ic) City, tt,, and ZIP code 5 District and State of Ciiiidate

Albuqnen-.u2, ...'... - ( ofPincpa LD - 299 ...' ,iiXICO Designation of Principal Campaign Committee

6 I hereby designate the following named political committee as my Principal Campaign Comrrittee for the na ( not ap3plic ble) election(s). Note: The principal campaign committee must register as a political committ (Year of election) on FEC Form 1.

(a) Name of Committee (in full) Do not and will not have a "Principal C-_r.paign Ccmitte" o (b) Address (riumber and street)

(c) City, State and ZIP code O nti

7 I hereby designate the following national and/or State bank (s)as campaign depositories to be used by myself and the above political committee. Hive not & "ill not accept any c;mpign coptributio_. (a)a) Name of Bank (in full) (a) Name of Bank (in full)

(b) Address (number and street) (b) Address (number and street) ____na (c) City, State and ZIP code I(c) City, State and ZIP code na I- .la (a) ,Name of Bank (in full) [(a) Name of Bank (in full) C67* na n a

('(b) Address (number and stieet ) (b) Address (number and street)

(clCity, Staleand ZIP code (c) City, State and ZIP code

Candidate Reporting Situs a Check Reoorting Status (a) or (b) (whichever is applicable) S(a)I hereby certify that the above named committee and authorized agents thereof will receive and disburse ALL funds in support of my candidacy in t. above eiectron(s). Based upon this certification I hereby request a waiver of my reporting resoonsibility. It,alter filingthis form, I personally receive contributions or make expenditures, the waiver becomes void and I must file a separate report as required by 2 USC 434 on Federal Election Com- missionXr Form .lj3. - ..-~n":r-, ,t y &2."vC . ,. "r, -rrt _ . -' t i, , e . , ic crnt i, ic , .] },r " X%7 : .5I" : ,t ,D r_ < i. F -7r0 4 "-,' 7b) I inreno to personalty receive contriouttons ancoilmrMe expenoiuuret ill - ' my candidacy ano willf ile separate reports of such receipts and expenditures as required by 2 USC 434, on Federal Election Commission Form 3. I certify that I have examined this Statement and to the Vesf my knowledge and aeli I'it is true, correct and complete. Sunday t; OrlGin G. COLER 7th of .ay 197' (Signature of Candidate) (Date)

Note: SuDmtssion of false, erroneous, or Incomplete information may suDject tne person signing thisStatement to tne penalties ot 2 U.S.C. §4379 or §441i (see reverse sice of form) .-

For further L Federal Election Commission information 1325 K Street, NW. contact: VWashington, D.C. 20463 _ _ _ _ *

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1325 K SlREET N.W. WASHINGTON,)JC. 20463

June 26, 1978

MEMORANDUM

TO: ORLANDO B. POTTER

TIHROUGH: TOM 'ASETHORST 2

FROM: NON-FILER COORDINATORV

SUBJECT: 10 DAY PRE-ELECTION NON-FILERS - REFERRAL - NEW MEXICO

In accordance with the Task Force of Non-filers, attached please find the referral of the candidates and committees that were oublished as Non-filers for the 10 Day Pre-election Report for the Primary election held in New Mexico

The first notice (reason to believe) was sent by mailgram on May 29, 1978 . The second notice (reasonable cause to believe) .:as sent by mailgram on May 31, 1978

On June 3, 1978 , the Press Office issued a release con- taming the names of the candidates and committees which failed to file the 10 Day ?re-election Reports.

Cooies of the completed ballot zhart, certified green cards and telecons are included in this packet. ). a C 3 C I@ S .- a

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M3~1~ADUMTO: lMarve 11ns '!

Armlis1sa T. ~ SUBJET: MRE 632

Please have &bs attached Qemral VounselI s report distributed ..to -the 'Comision on a& 48 houar tally basis, Thank you. BEFORE THE FEDERAL ELECTION COMMISSION

In the Mater of ) ) Cole for Congress ) MUR 632 (78)

GENERAL COUNSEL'S REPORT I. BACKGROUND On 26 June 1978, the Reports Analysis Division referred to the Office of General Counsel the name of the Cole for Congress committee for failure to file its 1978 10 Day Pre-Election Report pursuant to 2 U.S.C. § 434(a) (1)(A)(i). The Commission found reason to believe on 29 May 1978, and reasonable cause to believe on 31 May 1978, that the committee violated 2 U.S.C. S 434b. On 3 June 1978, the Cole for Congress committee's name, with a list of others which failed to file their respective 10 Day Pre-Election Reports, where published as non-filers. II. ANALYSIS A review of the reports reveals that Mr. Orlin G. Cole, a United States Senatorial candidate for the State of New Mexico, has declared himself a Democratic "write-in" candidate for the aforementioned office. In addition, he has stated that he has "... not and will not accept any campaign contributions..." and that he has "... not and will have no campaign expenditures." (Attachments I & II). Based -2 - on the latest E Index Mr. Cole has maintained his promise. According to the Bureau of Elections, in New Mexico, Mr. Cole received a grand total of (11) eleven votes in the June 6 primary.

III RECOMMENDATION Based on what appears to be a one-man campaign, the fact that the Cole for Congress or any other committee has received nor expended any campaign funds in behalf of his candidacy, and that he received virtually no voter support at the polls during the primary, it is recommended that the Commission take no further actio head to this committee and close the file.

Da4 William C. Oldaker General Counsel July 1976 Federal Eectlon Commission 1325 K Street. N.w. of Wasijgt("DC. Fe~eral E~FederaCommissio for Nomination 043 Federal orOffice Election to N e Candidate" o te as defined by 2 USC 431 (b)) ' Note: Committees authorized (See reverse side to receive contributions for instructions) with and make expenditures respect to each election.rau in connection 173 , i with-moret han one 1(a) Name election ru r iain of Candidate (in full) separat ro 2 Identification Orlin Gentry Number (Commission COLE I Party Affl 1 ' useonly) (b) Address (number and Nm street) 4713 Over and ,OfeSoughtDe ljcm C C ? Dem oC)0r c c i'v s , t ,O atC-i (c)lity, StatendZIPcode r tboheU n AlbUqUuo n i t e d S t at e s_ S e n a 1 03 1 5Do, ndtd - t ------istrict te and State of Candidate 7-- 0__c)._1 DUL - 2 6 I hereby desigraite Designation 9 N Ewt l c o the following of Principal Campaign n ( named political committee Committee as my Principal aot Campaign Commitee election (s). for the Note: The principal campaign committee must ri't,'fer ofeeconar c as a political commit on (a) Name of Committee (in full) FEC Form 1. 1.------fra oiia omt Do not and will not have a "Princi , C.paign a ,,1 ( b) A d d r es s ( n u m b e r a n d S tr ee t )

01.f (c) City, State and ZIP code 7 hereby desig nate The foil national and/or State bank (s) as campaign depositories nnot to be used by myself -J!0nH aCcentaesb and the above liticalcommittee (a) Name of Bank (in full) icacmmitee (a) Name of Bank (in full) C? , (b) Address / (number and street)/(Adres-(umbean-steet (b) ,Address WII (c) city, (number and street) State and Z IP codle (,nCt St-dZPo , (a) Name (c) City, of Bank (in full) State and ZIP code (a) Name of Bank (in full)

"!. (b) n-a-----Address -- (number and street (c)C iIY (b) A ddress (num tt n I o e()Cty. ber and street) State and ZIP code Candidate Reporting C heckeo o rtin Status g a r b h ve* s-~i p p licab le) -,; (a) I hereby certify that the above named above eiection(s). committee and Based upon this certification authorized agents thereof I hereby request V.' receive and cot-rbutions a waiver of disburse ALL furos or maee my reportirp resoonsibiit. in)support of my tures, the If, after candioacy in tF waiverebecomes void filing tnis form, and I must file a I personally receivp m~lisintF o r 3ndI separae report as required .,*IICm by 2 USC 434 on Federal receiveEce;tru Election . ion r ...... n expenditures .. . . as required by " r...ny candidacy 2 USC 434, on Federal andfile Elect on Commission de.separate reports Form 3. of such receiptsand c ertifyt hat ve e arn ined this S tatem en t and to th e y 01,i-G" s f m y k n o w le dg e an d te ,--t isr--r-- T * Y~r i rue, correct and complete. (Signature ___Sunda~y 7, n of ZiT'q of Canddate(Date) the Note: SuOrnission § 44 2) (see reverseof false, erroneous, 5dae of form) or Incomplete nformation may Subject the person signing this Statement to the Forfurther penalties of 2 U.S.C. Federal §437g or information Election Commission contact: 1325 K Street, N.W Washington, D.C. 20463 V. , . C.Fo c S t nae t m e n t o f O rgeeQ~ manz a tio n ,~ C n r b o "Ir, on *aces of 51.000 #A&anV C0fndai 'VOW on Suppn

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June 26, 1978

0 RA.\ND UM

TO: ORLANDO B. POTTER

'THROUGH: TOM HASELHORST

FROM: NON-FILER COORDINATOR'A

SUBJECT: 10 DAY PRE-ELECTION NON-FILERS - REFERRAL - NEW MEXICO

please In accordance with the Task Force of Non-filers, attached as find the referral of the candidates and committees that were published Non-filers for the 10 Day Pre-election Report for the Primary election held in New Mexico

The first notice (reason to believe) was sent by mailgram on May 29, 1978 * The second notice (reasonable cause to believe) ::as sent by mailgram on May 31, 1978

On June 3, 1978 . the Press Office issued a release con- file taining the names of the candidates and committees which failed to the 10 Day ?re-election Reports.

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12215 K S IRt t,,,NwI 4 , WSHN(H I )N , ).(. 2046

June 26, 1978

MEMO K ND Um TO: ORLANDO 3. POTT

THROUGH: TOM iASELHORST? I

FROM: NON-FILER COORDINATOR*

SUBJECT: I DAY _RE-,LECTION NON-FILERS - REFERRAL - NEW MEXICO

In accordance with the Task Force of Non-filers, actached please find the reierral of the zandidates and committees that were published as Non-filers for the 10 Day ?re-election Repor: :or the Primary election held in New Mexico

The first notice (reascn to believe) was sent by mailgram on May 29, 1978 The second notice (reasona' e cause to believe) .:as sent- by maigram on May 31, 1978

0On June 3, 1978 , the Press , 'ce issued a relase zon- :aining the names ;s the candidates and :,oMli::ees whifh failed to filc the 13 Day ?re-eecr.in ReDor-s.

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RE: TELECO

FROM: LUCIA SAFRAN

DATE: 5/18/78

NAME OF COMMIITTEE: COLE FOR CONGRESS - TE u(S SENATE

INIr.Cole called today , to say that he would be sending in his Statement of Organization for his Senate race. I told him to please fill in all the sections of the form. Mr. Cole also said that he would send in his 10 Day Primary report for New Mexioo soon. His conmittee registered after the due date for the 10 Day Primary. O .t Gi 'If COLE - Now MexicoS ist Notice 2nd Notice

R " (-rplete1 tern; 1 2. ind I. 17 Adl ,,uor addres in te RI It 1RN TO" pace on hi----.-----.--- - r v . icv sr 11f.hr follOw11 serc IS re'qunested (check one) Show to whonn and date dcliverd...... 15 * SiNDtR, C('np)j te tll; ., -'j, In S'Show 4 A t!", " "iar a,:dlres it thc r" I R N TO " pace oct to whom, date, & address of (eliver.. 35e RSIRI'I.) I)II\I'IY. I. h1V fHowln g service is reqcj , sted (check r . Show I,, ;ttdlhotl date (ll, ,r,,c. Or..15 Show to whom and date deliveredI . [.]RESI'IITI;l IF;IV:RY. Show to whuIo, SShow to whom. date, & addles% of ((h',.. 35 date, and address of delivery 85c l RL ' I lED ll) ELII\';RV. ]>-A i~, rA - - 7:-- _ Show to n11 ditt(Lt (.] i,, r'd ...... 65¢ .. ... , , L',r'. o u iLl: L RES'I KI cI EI) l)EII\' Y. Show to vhom. date, and addrss of cieliverv F 5

2 ARITICLf r ESCRIPt 1N: 2. ARTICLE ADDRESSE'0 TO: IGISTER Cr) NO. IC) OTIFIFC, NO INt ;'NO- z /_/,/ > ,9 - ,.

3 ARTICLE DCSCRIPtior.t I ,.,, r"1' ;.', ,'h o I r/e'd 'gun NO . Ttr!eJ NO. j INSURED NO. Ri NO, C1u'iD o "ITEI . 6. (.AIi.py; i}t~lr i , .' ';,tlrp of ;i'i!re',.,r,' ,r Aee'nt) ! C T i DELCvLRv ..2o~rM;, r I I' c-T I - I hx,'e tr' ,j t- e r 'dsc-r J. i, \ I.t-,

. ADDRESSrn~? (Complete.flALSUR only if reclueste~ . .. DA_TL' E3 E OT 4/,, S ALE TQO ELIVL BCAUSE:e thu ' )' , ,,, : •'4Lt : , - -3 , - 4 ERY CAU F: / DE.LIV SADDRESS (Couriplete onty it re i.)4!d 1 -

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G. UNADLL 70 ) C L VEII USL:

N.-1ii)', A . "4 Politics 20 New Mexico: King Will Face Skeen for Governorship

Former New Mexico Gov. came one step closer to returning to his old job in Santa Fe by winning Montoya's Death the Democratic gubernatorial nomination June 6. King, who was governor for four years beginning in Former Sen. -Jo 'ph M. Montoya, D-N.M., died 1971. defaited Lt. (;ov. Robert E. Ferguson by collecting June 5 in Washington of an extremely rare liver dis- 61.0 percent of the vote. King will oppose former state Sen. ease. He was 62. Joe Skeen, I. in November. Montoya was best known nationally as a member The gubernatorial primaries were the center of atten- of the Senate Watergate Committee. He served in the tion as only one Democrat and one Republican were en- U.S. House from 1957 to 1964, was elected to the Sen- tered in the Senate primaries. Sen. Pete V. Domenici, R, ate in 1964 and served two terms. He was defeated in who is running for a second term, will face state Attorney 1976 by Harrison Schmitt, R. General Tonev Anava, D, in November. King. who had been favored by nearly three-quarters of the Democratic state convention vote in April, won all Mexico House speaker, former state party chairman and but about eight of the state's 32 counties. Ferguson carried governor. several eastern counties in the area known as Little Texas. where his support of right-to-work legislation was popular with the region's conservative residents. King, who was en- Lujan Foe ai- dorsed by the state AFL-CIO Committee on Political Edu- In the 1st Congressional District, Bernalillo County cation, has opposed a right-to-work law. Ferguson carried Commissioner Robert Hawk won the Democratic nomina- C* his home county -- Eddy - in the southern part of the tion, but by a less convincing margin than expected. He state, but by only 298 votes. won 59.7 percent of the vote against Anselmo A. Chavez of Skeen is making his second bid for governor. As the Albuquerque, who did not campaign actively. Republican nominee in 1974 he came within 3,750 votes of Political observers attributed Chavez' strong showing defeating ., D, who is ineligible for re-election to the appeal his name would have to Spanish-surnamed as gover.tor. voters in the northern part of the state. Hawk, a supporter In this year's GOP primary Skeen defeated state Rep. of collective bargaining for public employees, had the sup- Bob Grant, who was a belated entry into the race. Skeen port of the AFL-CIO COPE. won 81.0 percent of the primarv vote. Hawk will oppose Rep. Manual Lujan -Jr., R, a 10-year Skeen, a sheep rancher, is likely to compete closely in House veteran. Lujan was unopposed for renomination. .November with King. who in the past has served as New In the 2nd District. Rep. Harold Runnels, D, can relax this fall. He had no primary opposition and no Republican -By Charles W. Hucker filed against him.

New Mexico Returns

SENATE Candidate Residence Age Occupation Votes Percent Toney Anoya (D)" Santo Fe 37 Stote ottorney general Unopposed Pete V Domenic I(R) Albuquerque 46 Incumbent Unopposed GOVERNOR

Candidate Residence Age Occupation Votes Percent Robert E. Ferguwon (D) Artesio 53 Lt. governor 56.613 390 Bruce King (D)* Stanley 54 Former governor 88,640 61.0 Bob Grant (R) Albuquerque 47 State representative 9,224 20.0 Joe Skeen (R)" Picocho 50 Former vote senator 36,881 80.0 HOUSE District Location Candidate Residence Age Occupation Votes Percent I Nor-theost- Albuquerque, Anselmo A. Chavez (D) Albuquerque 46 Business student 21,012 40.3 Sonta Fe Robert Hawk (D)" Albuquerque 53 County comMssioner 31,115 59.7 Manuel tujan Jr. (R)" Albuquerque 50 Incumbent Unopposed 2 South and West- Las Harold Runnels (A)- Lovington 54 Incumbent Unopposed Cruces, Roswell

t CPIVIOG~tt?*70 CofrctspicivAl Oh 07i *..,,di...e ."4#o. o, -. .w r dwwI.. June 10, 1978-PAGE 1.159 0 Po/itics - a

Candidete Residence Age Occupation V0te Percent 32.219 9.2 (0) Hillside 146 Former state senator Alexander J. Menza Poet Unavailable Roy Rollinson (D) Columbia 56 34 Former political staff worker 118.206 50.8 Jeffrey sell (R)" Trenton 74 Incumbent 114.629 49.2 Clifford P.Case (R) Rohway HOUSE Percent Residence Ago Occupation V0tes District Lecatien Candiato Unopposed Camden 40 Incumbent I Southwest - Camden James J.Florio (D) Unopposed Robert M. Deitch (R)" Sicklerville 30 College professor Unopposed 2 South - Atlantic City, William J.Hughes (D)" Ocean City 45 Incumbent Island Heights 37 Clergyman Unopposed Vinseland James H. iggs (R)" Unopposed Incumbent 3 Central coast - Long James J. Howard (D) Spring Lake Heights 50 Rumson 47 Retired investment banker Unopposed Branch, Asbury Park Bruce G. Coe (R)" Unopposed Frank Thompson Jr. (D)' Trenton 59 Incumbent 4 Central - Trenton 24 Former right-to-life Unopposed Christopher H. Smith (R)" Trenton executive director

Unopposed Morris Plains 48 Parsippony mayor 5 North central - John T.Fohy (0)" 68 Incumbent Unopposed Morristown, Princeton Millicent Fenwick (R)" Bernardsville Carroll (D) College professor 8,455 47.1 6 South central Joseph Pennsouken Former judge 9,513 52.9 W. Thomas McGann (D)" Moorestown Minister 3,080 15.7 Richard D. Amber (R) Mt. Holly Incumbent 16,571 84.3 Edwin B. Forsythe (R)* Moorestown

Andrew Moguire (D) ° Ridgewood 39 Incumbent Unopposed 7 North - Fair Lawn. Former GOP club president 8,346 39.3 Margaret S. Roukema (R) Ridgewood Hockensock 46 Engineering economist 6,176 29.1 George L. Williams (R) Mahwoh 31.6 52 Former county prosecutor 6,712 Joseph C. Woodcock Jr. (R) Cliffside Pork Wayne 55 Incumbent Unopposed 8 North - Paterson Robert A. Roe (D)" Unopposed Thomas Melani (R)* Wayne 36 Attorney 13,634 43.9 Tenofly 55 State representative 9 North - Union City. Albert Burstein (D) 1,949 6.3 Mike Jousan (D) Leonio 41 Minister Bergenfield 51 Hudson County mayors Nicholas S.Mostorelli (0) Secaucus 49.8 association director 15,465 ° 10,043 81.8 Harold C. Hollenbeck (R) East Rutherford 40 Incumbent ticket agent 2,236 18.2 Hugh A. Wagner (R) Alpine Airline Unopposed Jr. (0)" Newark 10 Newark Peter W. Rodino 69 Incumbent Unopposed John L. Pelt (R)* Newark 46 Salesman 1,651 8.2 Jack Horn (D) Nutley Accountant 11 Essex County - Newark West Orange Incumbent 18,372 91.8 suburbs Joseph G. Minish (D)" Unopposed Julius George Feld (R)" South Orange Contractor Unopposed (D)" Kenilworth 12 Union County Richard McCormock Unopposed Matthew J.Rinaldo (R)" Union 46 Incumbent

° Unopposed Helen Meyner (D) Phillipsburg Incumbent 13 West - Phillipsburg Engineer 3,165 11.6 Frank Sell (R) East Hanover Former assistant prosecutor 10,510 38.4 Jim Courter (R)" Hockettstown Former state senator 10,284 37.6 Bill Schluter (R) Pennington college professor 1,993 7.3 Joseph F.Worgonz (R) Boonton Community executive 1,396 5.1 Ronald Williams (R) Andover Business 3.180 7.9 Jersey City 14 Hudson County - Raymond J. Connelly (D) Jersey City 32,894 81.9 Jersey City Frank J. Guarini (D)" 53 Former state senator 4,104 10.2 Jersey City Anthony P. Scolcione (D) Unopposed Henry J. Hill (R)" Kearny 20,766 58.9 Edward J. Patten (D)" Perth Amboy Incumbent 15 Central - New Brunswick, Attorney 14,480 41.1 George A. Spodoro (D) Edison Perth Amboy Newsman/lecturer Unopposed Charles W, Wiley (R)" Sayreville

I Nonwaheo

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