Protect Our Mail-In Voting
We commend both our governor and legislature for creative, timely and bold action in the face of the pandemic's threats to an orderly, safe and accessible election in November.
September 20, 2020 at 09:00 AM
2 minute read
On Aug. 18 the Trump Campaign Committee sued the state of New Jersey in federal court here to invalidate Gov. Murphy's Aug. 14 executive order authorizing "universal vote-by-mail" voting, and providing that ballots postmarked by Nov. 3 and received by Nov. 10 be counted. Donald J. Trump for President, Inc. v. Murphy.
The most significant federal claim is that a governor's executive order violates the federal Constitution's "elections clause," which provides that the "time, place and manner" of congressional and presidential elections be set by state legislatures. Further claims were asserted based on the right to vote; violation of federal election statutes; and equal protection (citing Bush v. Gore).
Of course, the governor's executive order could have also raised a significant state constitutional claim as overstepping his executive and delegated power, and this was alleged but not asserted as a supplemental state claim.
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