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IN RE CONTEST OF NOVEMBER 8, 2011

A-58 September Term 2011, 069853

40 A.3d 684 (2012)

210 N.J. 29

In re CONTEST OF NOVEMBER 8, 2011 GENERAL ELECTION OF OFFICE OF NEW JERSEY GENERAL ASSEMBLY, Fourth Legislative District.

Supreme Court of New Jersey.

Decided February 16, 2012.

Attorney(s) appearing for the Case

William M. Tambussi argued the cause for appellant/cross-respondent Gabriela Mosquera (Brown & Connery, attorneys; Mr. Tambussi, William F. Cook, Christopher A. Orlando, and Michael J. Miles, Westmont, on the briefs).

Matthew S. Wolf argued the cause for respondent/cross-appellant Shelley Lovett (Pappas & Wolf, attorneys).

Donna Kelly, Assistant Attorney General, argued the cause for respondents Attorney General of New Jersey and The Secretary of State (Jeffrey S. Chiesa, Attorney General, attorney; Robert T. Lougy, Assistant Attorney General, of counsel; John P. Bender, Assistant Attorney General and George N. Cohen, Deputy Attorney General, on the briefs).

Steven P. Weissman submitted a brief on behalf of amici curiae Communications Workers of America, AFL-CIO, Latino Action Network, Women's Political Caucus of New Jersey, Latino Coalition of Monmouth County, Latinas United for Political Empowerment Action Committee and The New Jersey Muslim Lawyers Association (Weissman & Mintz, attorneys; Mr. Weissman, Adam M. Gordon, and Ira W. Mintz, Trenton, on the brief).

Justice LaVECCHIA delivered the opinion of the Court.

This matter involves the November 8, 2011 election for the New Jersey General Assembly representatives for the Fourth Legislative District. Gabriela Mosquera received the second highest number of votes, but her election was challenged, in timely fashion under the election statutes, by Shelley Lovett, the candidate who had the third highest number of votes. Lovett alleged that Mosquera was ineligible because she...

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