Legal Opinion · Dissent

In re Contest of November 8, 2011 General Election of Office of New Jersey General Assembly

Supreme Court of New Jersey

Decided February 16, 2012Published

1DissentChief Justice Rabner

In this case, the majority overturns the outcome of a democratically run election conducted in accordance with a federal court order that went unchallenged for a decade. The 2001 order declared that the one-year residency requirement in the New Jersey Constitution violated the Fourteenth Amendment of the United States Constitution. The federal district court later imposed a broad injunction that barred the Attorney General and the Secretary of State from enforcing that restriction.

For about a decade since, the rules have been clear: the residency requirement has not been enforced; no…

2Cases cited34 opinions

  1. United States v. BookerSupreme Court of the United States · 2004
  2. United States v. SalernoSupreme Court of the United States · 1987
  3. Broadrick v. OklahomaSupreme Court of the United States · 1973
  4. Reynolds v. SimsSupreme Court of the United States · 1964
  5. Chevron Oil Co. v. HusonSupreme Court of the United States · 1971

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