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MAZO v. NEW JERSEY SECRETARY OF STATE

No. 21-2630.

54 F.4th 124 (2022)

Eugene MAZO; Lisa McCormick, Appellants v. NEW JERSEY SECRETARY OF STATE; E. Junior Maldanado, in his official capacity as Hudson County Clerk; Joanne Rajoppi, in her official capacity as Union County Clerk; Paula Sollami Covello, in her official capacity as Mercer County Clerk; Elaine Flynn, in her official capacity as Middlesex County Clerk; Christopher Durkin, in his official capacity as Essex County Clerk; Steve Peter, in his official capacity as Somerset County Clerk.

United States Court of Appeals, Third Circuit.

Filed: November 23, 2022.

Attorney(s) appearing for the Case

Ryan Morrison [ARGUED], Institute for Free Speech, 1150 Connecticut Avenue, N.W., Suite 801, Washington, DC 20036, Walter M. Luers , Cohn Lifland Pearlman Herrmann & Knopf, Park 80 West — Plaza One, 250 Pehle Avenue, Suite 401, Saddle Brook, NJ 07663, Counsel for Appellants.

Angela Cai [ARGUED], Nicole E. Adams , Dominic L. Giova , Office of Attorney General of New Jersey, Division of Law, 25 Market Street, Richard J. Hughes Justice Complex, Trenton, NJ 08625, Counsel for Appellee New Jersey Secretary of State.

Walter S. Zimolong, III , Zimolong, 353 West Lancaster Avenue, Suite 300, Wayne, PA 19087, Counsel for Amicus Appellants, Professor Derek T. Muller and Professor Michael R. Dimino.

Before: SHWARTZ, KRAUSE, and ROTH, Circuit Judges.

OPINION OF THE COURT

Nowhere are the First Amendment rights of free speech and association more essential, or more fiercely guarded, than in the context of free and open elections. Self-government depends on ensuring that speech intended to support, challenge, criticize, or celebrate political candidates remains...

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