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IN RE CONTEST OF NOVEMBER 8, 2005 GENERAL ELECTION

934 A.2d 607 (2007)

192 N.J. 546

In re the CONTEST OF the NOVEMBER 8, 2005 GENERAL ELECTION FOR the OFFICE OF MAYOR OF the TOWNSHIP OF PARSIPPANY-TROY HILLS.

Supreme Court of New Jersey.

Re-argued September 11, 2007.

Decided November 8, 2007.

Attorney(s) appearing for the Case

Angelo J. Genova, Livingston, argued the cause for appellant, Mayor Michael M. Luther (Genova, Burns & Vernoia, attorneys; Celia S. Bosco, Peter J. Cammarano III and Michael J. Grohs, on the briefs).

John M. Carbone, Ridgewood, argued the cause for respondent, Rosemarie C. Agostini (Carbone and Faasse, attorneys).

Daniel W. O'Mullan, Special County Counsel, submitted a letter in lieu of brief on behalf of respondent, Clerk of the County of Morris, Joan Bramhall (Ronald Kevitz, Morris County Counsel, attorney).

Justice HOENS delivered the opinion of the Court.

Free and fair elections are the foundation on which our democracy rests. The right to vote, and to have one's vote counted, is both cherished and fundamental to our way of life. We rely on our election laws and on the fair conduct of elections to ensure that the people may be heard through the ballot and that their will, as expressed through their votes, may be effectuated...

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