Legal Opinion
I/M/O Absentee Ballots Cast by Five Residents of Trenton Psychiatric Hospital
New Jersey Superior Court Appellate Division
Decided May 15, 2000PublishedCited by 1 opinion
1Opinion of the Court
The opinion of the court was delivered by
RODRÍGUEZ, A.A., J.A.D.
In this appeal, we hold that voters who are involuntarily committed residents of a psychiatric hospital pursuant to N.J.S.A. 30:4-24 to -80 are presumed competent to vote. Therefore, they cannot be challenged as voters nor their ballots segregated, absent a particularized showing of incompetence.
On November 3, 1998, a general election day, the attorney for the Mercer County Republican Committee wrote a letter to the Mercer County Board of Elections (Board) challenging any absentee ballot cast by residents of Trenton Psychiatric…
2Cases cited8 opinions
- Reynolds v. SimsSupreme Court of the United States · 1964
- Gangemi v. BerrySupreme Court of New Jersey · 1957
- In Re GradySupreme Court of New Jersey · 1981
- Gangemi v. RosengardSupreme Court of New Jersey · 1965
- Worden v. Mercer County Board of ElectionsSupreme Court of New Jersey · 1972
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3Cited by1 opinion
- Nicolas v. Ocean Plaza Condominium Ass'nCourt of Appeals for the Third Circuit · 2003