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SMITH v. PENTA

81 N.J. 65 (1979)

405 A.2d 350

MURIEL S. SMITH, PLAINTIFF-APPELLANT, v. ROSE PENTA, JUDGE OF BOARD OF ELECTIONS, DISTRICT ONE, BOROUGH OF HIGHLANDS, ALYNN TRACY HECK, SUPERINTENDENT OF ELECTIONS, COUNTY OF MONMOUTH, STATE OF NEW JERSEY, ANN FLYNN, MONMOUTH COUNTY BOARD OF ELECTIONS, STATE OF NEW JERSEY, DEFENDANTS-RESPONDENTS.

The Supreme Court of New Jersey.

Decided July 19, 1979.

Attorney(s) appearing for the Case

Mr. William E. Wilson argued the cause for appellant.

Mr. Stephen Skillman argued the cause for respondents (Mr. John J. Degnan, Attorney General of New Jersey, attorney; Ms. Erminie L. Conley, Deputy Attorney General, of counsel; Mr. Nathan M. Edelstein, Deputy Attorney General, on the brief).

The opinion of the court was delivered by MOUNTAIN, J.

A primary election was held June 7, 1977. On that day the plaintiff, a resident of the Borough of Highlands in Monmouth County and a registered Republican, sought to register as a Democrat in order that she might vote forthwith in that party's primary election. Her request to register was denied and she immediately filed a complaint and sought the issuance of an order to...

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