Petition of Battle

In its opinion of June 9, 1983, the Appellate Division declared invalid certain improperly completed absentee ballots where the name of the person who delivered the ballot was not recorded, contrary to N.J.S.A. 19:57-23, or was not indicated on the outside envelope, contrary to N.J.S.A. 19:57-37.1. 190 N.J.Super. 232 (1983).

We begin our review with an awareness that courts are loath to invalidate a vote of any citizen. Under the circumstances of this case, however, we agree with the Appellate Division that discounting the challenged absentee ballots will effectuate the legislative intent.…