PETITION OF BATTLE


96 N.J. 63 (1984)

473 A.2d 980

IN THE MATTER OF THE PETITION OF ALMERTH M. 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 TOWNSHIP COMMITTEE OF THE TOWNSHIP OF NEPTUNE, PURSUANT TO N.J.S.A. 19:29-1 ET SEQ.

The Supreme Court of New Jersey.

Decided April 18, 1984.


Attorney(s) appearing for the Case

William J. O'Hagan, Jr., argued the cause for appellant Joseph M. Pepe (Stout, O'Hagan & O'Hagan, attorneys).

James A. Carey argued the cause for respondent Almerth M. Battle (Carey and Badach, attorneys).


PER CURIAM.

In its opinion of June 9, 1983, the Appellate Division declared invalid certain improperly completed absentee ballots where the name of the person who delivered the ballot was not recorded, contrary to N.J.S.A. 19:57-23, or was not indicated on the outside envelope, contrary to N.J.S.A. 19:57-37.1. 190 N.J.Super. 232 (1983).

We begin our review with an awareness that courts are loath to invalidate...

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