On September 15, U.S. District Judge Garrett E. Brown Jr. dismissed "Afran v. McGreevey", filed by Green Party lawyers Bruce Afran and Carl J. Mayer, dismissing their claim that the postponement of McGreevey's resignation had left a vacancy, thereby violating New Jersey residents' voting rights. Brown stated that McGreevey "clearly intends to hold office until November 15, 2004. The requirement of holding a special election does not arise. The rights of registered voters are not being violated." Afran re-filed the same suit in Mercer County Superior Court and Judge Linda R. Feinberg heard arguments on October 4, 2004.