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In the Matter of Absentee Ballots Cast by Five Residents of Trenton Psychiatric Hospital

750 A.2d 790 (2000)

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In the Matter of Absentee Ballots Cast by Five Residents of Trenton Psychiatric Hospital

New Jersey Superior Court, Appellate Division
750 A.2d 790 (2000)

KS

Facts

On November 3, 1998, the date of a general election, the Mercer County Republican Committee (plaintiff) contacted the Mercer County Board of Elections (the board) to challenge any and all absentee ballots cast by any residents of the Trenton Psychiatric Hospital. The attorney for the Mercer County Republican Committee explained that there was an organized effort to register voters who had been committed to the psychiatric hospital. The New Jersey attorney general advised the board that the votes must be counted, provided there was no evidence that an individual absentee voter was incompetent. Seven absentee ballots were identified as being cast by hospital residents, and two were rejected for reasons other than the competency of the voter. The board was unable to decide how to resolve the issue of the five remaining absentee ballots from residents at the Trenton Psychiatric Hospital. The challenge to the five ballots was referred to the New Jersey trial court for a disposition. New Jersey Protection and Advocacy, Inc. (NJPA) (defendant) represented the five absentee voters at the Trenton Psychiatric Hospital. The district judge determined that five absentee ballots must be unopened and segregated until the voter was identified as competent. NJPA appealed.

Rule of Law

Issue

Holding and Reasoning (Rodriguez, J.)

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