GANGEMI v. BERRY


25 N.J. 1 (1957)

134 A.2d 1

THOMAS GANGEMI, PLAINTIFF-APPELLANT, v. BERNARD J. BERRY, ET AL., DEFENDANTS-RESPONDENTS.

The Supreme Court of New Jersey.

Decided June 24, 1957.

Opinion Delivered July 9, 1957.


Attorney(s) appearing for the Case

Mr. Maurice C. Brigadier argued the cause for the appellant (Mr. Frank H. Itkin on the brief; Messrs. Wolf & Baumann, attorneys).

Mr. Frederick J. Gassert argued the cause for the respondents Edward J. Spinello, Alfred T. Davis, Helen Marshall and J. Beier Theurer, constituting the County Board of Elections, James A. Tumulty, Jr., City Clerk, and Edward J. Borrone, County Clerk (Messrs. Samuel Miller and James H. Dowden, on the brief).

Mr. Francis X. Hayes argued the cause for the respondent Bernard J. Berry.


The opinion of the court was delivered by HEHER, J.

The question at issue here is the constitutional sufficiency of the provisions of L. 1953, c. 211, N.J.S.A. 19:57-1 et seq., styled the "Absentee Voting Law (1953)," purporting to authorize civilian absentee voting at elections held in New Jersey.

May 14, 1957, there was an election in Jersey City to choose five members of the city commission, constituted the local governing body...

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