Attorney General's Polling Location Directive Upheld -- Only Exit Polling Allowed

An Appellate Division opinion today upheld the Attorney General's 2007 exit polling directive maintaining 100 foot zones around the entrances of polling locations that are free from non-partisan groups distributing voters' rights cards and which requires advance notice for the conducting of exit polling, whether by the media or a non-partisan group.

The crux of the Court's reasoning is that permitting alleged non-partisan groups to provide voters' guides within 100 feet of polling locations is likely to be abused. This would require poll workers to make unruly on-the-spot determinations regarding whether the materials being handed out are truly non-partisan, rather than thinly-veiled campaign or issue-oriented materials.

Citing the U.S. Supreme Court's decision in Perry Educ. Ass'n v. Perry Local Educators' Ass'n, the court held that there is a compelling state interest in protecting voters from confusion and undue influence, while preserving the integrity of the electoral process within such 100 foot zones.

Forfeiture Statute Put To Work On Newark Councilwoman

Newark Central Ward Councilwoman Dana Rone has been ordered to forfeit her public office after having been convicted for obstructing justice, a disorderly persons offense, during a routine traffic stop involving a relative. In a written opinion, Essex County Assignment Judge Patricia Costello held that the offense "touches and involves" Rone's public position, and therefore, compels forfeiture of her public office. N.J.S.A. 2C:51-2a(2) provides that such forfeiture is an automatic civil penalty which is a collateral consequence of a conviction for a crime or offense as the convicted official "shall forfeit such office [if] convicted of an offense involving or touching such office. . . ."

Legislators To Meet To Address Rescue Funds Provision for Clean Elections Program Reauthorization

Matt Friedman at politickernj.com is reporting that members of the New Jersey Legislature will be informally meeting this summer to determine how to address the impact of the U.S. Supreme Court's Davis decision as interpreted in a letter opinion by the New Jersey's non-partisan Office of Legislative Services, determining that the rescue funds provision of the proposed law (A100) is unconstitutional. Advocates of the program believe that the rescue funds provision is essential to ensuring that legislators are not deterred from participating in the clean elections program.