McCANN v. SUPERINTENDENT OF ELECTIONS


303 N.J. Super. 371 (1997)

GERALD McCANN, PLAINTIFF, v. SUPERINTENDENT OF ELECTIONS OF HUDSON COUNTY AND CLERK OF THE CITY OF JERSEY CITY, DEFENDANTS.

Superior Court of New Jersey, Chancery Division Hudson County.

Decided April 4, 1997.


Attorney(s) appearing for the Case

Jan Alan Brody, for plaintiff (Carella, Byrne, Bain, Gilfillan, Cecchi, Stewart & Olstein, attorneys).

Mark J. Fleming, Assistant Attorney General for defendant Superintendent of Elections (Peter Verniero, Attorney General of New Jersey).


D'ITALIA, A.J.S.C.

The issue before the Court is whether N.J.S.A. 19:4-1(8), which denies suffrage to any person "[w]ho is serving a sentence or is on parole or probation as the result of any indictable offense under the laws of this or another state or of the United States" applies to a person on "supervised release" pursuant to the sentence of a federal court.

This action was instituted by Gerald McCann, a former mayor and current candidate for Mayor...

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