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IN RE TRENTON PSYCHIATRIC HOSP.

750 A.2d 790 (2000)

331 N.J. Super. 31

I/M/O ABSENTEE BALLOTS CAST BY FIVE RESIDENTS OF TRENTON PSYCHIATRIC HOSPITAL.

Superior Court of New Jersey, Appellate Division.

Decided May 15, 2000.

Attorney(s) appearing for the Case

S. Paul Prior, for appellant New Jersey Protection and Advocacy, Inc., on behalf of F.H.B., G.W.B., J.G., R.B. and M.M.

Kevin H. Main, for respondent Mercer County Republican Party (Spadaccini, Main & Sheridan, attorneys; Mr. Main on the brief).

Donna Kelly, Senior Deputy Attorney General, for respondent Attorney General (John J. Farmer, Jr., Attorney General; Mary C. Jacobson, Assistant Attorney General, of counsel; Ms. Kelly, on the brief).

Before Judges KEEFE, A.A. RODRÍGUEZ and LINTNER.

The opinion of the court was delivered by RODRIGUEZ, A.A., J.A.D.

In this appeal, we hold that voters who are involuntarily committed residents of a psychiatric hospital pursuant to N.J.S.A. 30:4-24 to -80 are presumed competent to vote. Therefore, they cannot be challenged as voters nor their ballots segregated, absent a particularized showing of incompetence.

On November 3, 1998, a general election day, the attorney for the Mercer County Republican...

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