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Thursday, January 15, 2015

RUTGERS UNIVERSITY STUDENT ASSEMBLY (RUSA), ET AL. VS. MIDDLESEX COUNTY BOARD OF ELECTIONS, ET AL. A-2383-13T3


RUTGERS UNIVERSITY STUDENT ASSEMBLY (RUSA), ET AL. VS. MIDDLESEX COUNTY BOARD OF ELECTIONS, ET AL.
A-2383-13T3

In this case of first impression, plaintiffs appeal from the December 11, 2013 order of the Chancery Division, granting defendants' motion for summary judgment and dismissing plaintiffs' complaint challenging the constitutionality of N.J.S.A. 19:31-6.3b, which requires all eligible persons to register to vote no later than twenty-one days prior to an election. Plaintiffs also appeal the denial of their motion for summary judgment. Because the trial court did not make adequate findings of fact and conclusions of law concerning defendants' justification for maintaining the twenty-one-day advance registration requirement in the face of the evidence submitted by plaintiffs that the requirement is no longer necessary to protect the integrity of the electoral process, we are constrained to reverse both decisions and remand for further proceedings.