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RUTGERS UNIV. v. MIDDLESEX BD.

Docket No. A-2383-13T3

102 A.3d 408 (2014)

438 N.J. Super. 93

RUTGERS UNIVERSITY STUDENT ASSEMBLY (RUSA), Matthew Codeiro, John Connelly, Gabriela Agata Gryzbowski, Beth Rose Breslaw, Edward James Vasconcelos III, Bon-Jin Kun, Annalee Switek, Latino Leadership Alliance of New Jersey (LLANJ), New Jersey Citizen Action (NJCA), and the American Civil Liberties Union of New Jersey (ACLU-NJ), Plaintiffs-Appellants, v. MIDDLESEX COUNTY BOARD OF ELECTIONS and Daniel Frankel, Commissioner of Registrations of Middlesex County, Defendants-Respondents.

Superior Court of New Jersey, Appellate Division.

Decided November 19, 2014.

Attorney(s) appearing for the Case

Frank Askin and Renee Steinhagen argued the cause for appellants (Rutgers Constitutional Litigation Clinic, American Civil Liberties Union of New Jersey Foundation, and Appleseed Public Interest Law Center, attorneys; Mr. Askin, Edward Barocas , and Ms. Steinhagen, on the briefs).

George N. Cohen , Deputy Attorney General, argued the cause for respondents ( John J. Hoffman , Acting Attorney General, attorney; Donna Kelly , Assistant Attorney General; of counsel; Mr. Cohen, on the brief).

Before Judges KOBLITZ, HAAS and HIGBEE.

The opinion of the court was delivered by

In this case of first impression, plaintiffs appeal from the December 11, 2013 order of the Chancery Division, granting defendants' motion for summary judgment and dismissing plaintiffs' complaint challenging the constitutionality of N.J.S.A. 19:31-6.3b, which requires all eligible...

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