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IN RE ATTORNEY GENERAL'S

No. A-0543-07T1

952 A.2d 1127 (2008)

402 N.J. Super. 118

In re ATTORNEY GENERAL'S "DIRECTIVE ON EXIT POLLING: MEDIA AND NON-PARTISAN PUBLIC INTEREST GROUPS," ISSUED JULY 18, 2007.

Superior Court of New Jersey, Appellate Division.

Decided August 6, 2008.

Attorney(s) appearing for the Case

Frank L. Corrado, Wildwood, argued the cause for appellant American Civil Liberties Union of New Jersey (Barry, Corrado, Grassi & Gibson and Edward Barocas, of the American Civil Liberties Union of New Jersey Foundation, attorneys; Mr. Corrado and Mr. Barocas, on the brief).

Larry R. Etzweiler, Senior Deputy Attorney General, argued the cause for respondent Attorney General (Anne Milgram, Attorney General, attorney; Nancy Kaplen, Assistant Attorney General, of counsel; Mr. Etzweiler, on the brief).

The Department of the Public Advocate filed an amicus curiae brief (Ronald K. Chen, Public Advocate, attorney and on the brief; Catherine Weiss, Director, Division of Public Interest Advocacy, Flavio L. Komuves, Deputy Public Advocate, and Alexander D. Gladney, Assistant Deputy Public Advocate, on the brief).

Before Judges WEFING, PARKER and LYONS.

The opinion of the court was delivered by

WEFING, P.J.A.D.

American Civil Liberties Union of New Jersey ("ACLU-NJ") appeals from a Directive issued by the Attorney General of the State of New Jersey on July 18, 2007, with respect to exit polling activities on election days. The Directive was issued by the Attorney General in her capacity as Chief Law Enforcement Officer and Chief Election Official of the State, and thus the matter is properly before us under...

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