Former Burlington County Democratic
Chairwoman Lee O'Toole passed away this
morning after a long illness.
"Lee O'Toole was a remarkable
woman whose Chairmanship was as trailblazing
as her life," said Richard Perr,
Burlington County Democratic Chairman.
"She will be sorely missed, and our
thoughts and prayers go out to her family."
From
the Inside Edge on PoliticsNJ
Lee O'Toole's election law legacy
The election of Lee Pfister O'Toole,
who passed away this morning, as the Burlington
County Democratic Chair in 1996 sparked
a groundbreaking lawsuit that ended a
longtime practice of requiring that the
Vice Chair of a county party organziation
be of the opposite sex as the Chair.
In the race for Democratic Chair, O'Toole
defeated Francis Hartman, while Alice
Furia was elected Vice Chair (over Gary
Haman). Hartman filed a suit claiming
that the statute required the Chair and
Vice Chair to be of different gender.
The court ruled that the leadership of
the party could be two men or two women
and that the statute was unconstitutional.
Superior Court Judge Harold Wells said
that "as a result of the statute,
the practice of requiring the leadership
of the various county political party
committees to be filled by persons of
opposite genders has become thoroughly
imbedded in the daily warp and woof of
the political process in New Jersey. Indeed,
one can easily speculate that but for
a provision such as this, the place of
women in the political process would not
be as well established as it is now. For
these reasons alone, as well as the respect
due the vintage enactment under scrutiny
here, it should not be lightly set aside.
In addition, one is called upon to look
at the court's August decision as a glass
half full: i.e., as opening up 100% of
the positions in top party leadership
to both genders, rather than as abolishing
women's guarantee to at least 50% of those
positions."
The Judge ruled that the state "simply
does not now have, if it ever did, such
a compelling interest in the internal
affairs of the County Committees of the
political parties as to warrant legislating
the gender of candidates for leadership
positions of those parties."