With the Supreme Court possibility of ties, many decisions revert to a lower court. But in New Jersey, their Election Law Enforcement is stopped by the Court because they lack a quorum.
The New Jersey Election Law Enforcement Commission (ELEC) was created as an independent agency, charged with the duty to enforce violations of the New Jersey Campaign Contributions and Expenditures Reporting Act.
The Legislature specified that the Commission shall consist of four members appointed by the Governor to staggered terms and that "[n]o more than two members shall belong to the same political party.
One of the members of the ELEC died in November 2011 a second died in August 2015.
Neither vacancy has been filled to date.
So the SUPERIOR COURT OF NEW JERSEY APPELLATE DIVISION, DOCKET NO. A-1596-15T3. decided on April 25, 2016, by Judges Espinosa, Rothstadt and Currier, that the ELEC request to extend their required 45 days after a case is decided, until there is a full Commission.
The Court decided:
However, the public — and respondents - also have an interest in having such enforcement efforts resolved in a reasonable, and not unlimited, period of time, rather than have unproven allegations of wrongdoing endure. We therefore conclude that, even in light of the public interests here, the balance of hardships does not support ELEC's motion for a stay that tolls the forty-five day extension period until such time as its roster of commissioners is filled.
CLICK HERE to read the 27 page (PDF) decision.
NYC Wins When Everyone Can Vote! Michael H. Drucker
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