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IN RE BATTLE PETITION

190 N.J. Super. 232 (1983)

462 A.2d 1291

IN THE MATTER OF THE PETITION OF ALMERTH BATTLE FOR A RECOUNT OF THE ELECTION HELD NOVEMBER 2, 1982 FOR THE OFFICE OF TOWNSHIP COMMITTEE OF THE TOWNSHIP OF NEPTUNE, PURSUANT TO N.J.S.A. 19:28-1 ET SEQ., AND TO CONTEST THE ELECTION OF JOSEPH M. PEPE TO THE OFFICE OF THE TOWNSHIP COMMITTEE OF THE TOWNSHIP OF NEPTUNE, PURSUANT TO N.J.S.A. 19:21-1 ET SEQ.

Superior Court of New Jersey, Appellate Division.

Decided June 9, 1983.

Attorney(s) appearing for the Case

Lawrence M. Lawson argued the cause for appellant (Lawson & Kapalko, attorneys).

William J. O'Hagan, Jr., argued the cause for respondent (Stout, O'Hagan & O'Hagan, attorneys).

Before Judges KING and McELROY.

The opinion of the court was delivered by McELROY, J.A.D.

This appeal requires interpretation of the election law pertaining to civilian absentee ballots and in particular, N.J.S.A. 19:57-37.1 and N.J.S.A. 19:57-23 as amended by L. 1981, c. 390 §§ 8, 11, effective January 6, 1982.

Petitioner-appellant Almerth Battle lost the November 2, 1982 election to a seat on the Township Committee of Neptune Township by 24 votes....

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