Gangemi v. Berry
New Jersey Supreme Court
134 A.2d 1 (1957)

- Written by Sean Carroll, JD
Facts
A New Jersey state law authorized absentee voting in New Jersey elections. Bernard Berry (defendant) was elected to the city commission in Jersey City. Had absentee votes not counted, Berry would not have won. Thomas Gangemi (plaintiff) challenged the election results in court on the ground that the state law allowing absentee voting was impermissible under the New Jersey Constitution. The constitution allowed the state legislature to provide for absentee voting for members of the armed forces but did not specify anything related to broader absentee voting. Gangemi argued that the provision was a limitation on the legislature’s authority to establish absentee voting.
Rule of Law
Issue
Holding and Reasoning (Heher, J.)
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