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IN RE STATE BD. OF EDUCATION

No. A-5681-09T3

29 A.3d 1079 (2011)

422 N.J. Super. 521

In the Matter of the STATE BOARD OF EDUCATION'S DENIAL OF PETITION TO ADOPT REGULATIONS IMPLEMENTING the NEW JERSEY HIGH SCHOOL VOTER REGISTRATION LAW.

Superior Court of New Jersey, Appellate Division.

Decided April 25, 2011.

Attorney(s) appearing for the Case

American Civil Liberties Union of New Jersey Foundation, attorneys for appellants American Civil Liberties Union of New Jersey, Project Vote, and Fair Elections Legal Network ( Edward L. Barocas , Legal Director, of counsel and on the brief).

Paula T. Dow , Attorney General, attorney for respondents New Jersey Commissioner of Education and New Jersey State Board of Education ( Lewis A. Scheindlin , Assistant Attorney General, of counsel; Daniel F. Dryzga, Jr. , Deputy Attorney General, on the brief).

Before Judges LISA, REISNER, and SABATINO.

The opinion of the court was delivered by

SABATINO, J.A.D.

This case arises from an effort by appellants, three public interest organizations, to compel the Commissioner of Education ("the Commissioner") and the State Board of Education ("the State Board") to adopt regulations to implement the High School Voter Registration Law ("HSVRL"), N.J.S.A. 18A:36-27 to -28. For the reasons that follow, we affirm the denial of appellants' petition for rulemaking...

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