Case: Gusciora v. McGreevey

MER-L-2691-04 | New Jersey state appellate court

Filed Date: 2020

Case Ongoing

Clearinghouse coding in progress

Case Summary

NOTE: This case is being tracked in close to real time by the Stanford/MIT Healthy Elections Project. So for information, see their tracker. According to their summary as of September 1, 2020, Plaintiffs submitted a letter brief to enforce a final order issued over ten years ago, which banned online voting permanently in New Jersey because online votes can be hacked. The State confirmed through the media and a phone call that the May 12th election will have an online voting system for disabled…

NOTE: This case is being tracked in close to real time by the Stanford/MIT Healthy Elections Project. So for information, see their tracker.

According to their summary as of September 1, 2020,

Plaintiffs submitted a letter brief to enforce a final order issued over ten years ago, which banned online voting permanently in New Jersey because online votes can be hacked. The State confirmed through the media and a phone call that the May 12th election will have an online voting system for disabled voters to use. This violates the abovementioned order as well as Governor's Murphy Executive Order 105, which specified that all voting during the COVID-19 crisis will be done by mail. Plaintiffs claim: (1) The court has the inherent power to enforce its own judgment and should order State authorities to comply with the 2010 final order, which bans the State from conducting elections via the internet; and (2) since online votes can be altered and the State would be unable to confirm these votes' integrity, the votes of disabled individuals would not have equal weight or equal protection, therefore violating the New Jersey Constitution, which protects against "the unequal treatment of those who should be treated alike." Plaintiffs seek emergency injunctive relief to enjoin State authorities from implementing a vote by Internet-based program. Plaintiffs claim they are entitled to this relief because the final order was clear and unambiguous, voters will be irreparably harmed by an insecure online voting system, the State will not suffer harm from an injunction since vote-by-mail exists, and a strong public interest exists in preserving the integrity of elections and ensuring public confidence in the election process. The Court held a case management conference on May 18, after the election in question. There, Defendants stated that they do not intend to use an internet-based voting system in future elections. The Court then ordered the parties to cooperate and reach a written memorandum or agreement addressing the use of internet-based voting systems for future elections.

People


Judge(s)

Jacobson, Mary C. (New Jersey)

Attorney for Plaintiff

Branton, Michael D (New Jersey)

Venetis, Penny M. (New Jersey)

Attorney for Defendant

Scott, Susan Marie (New Jersey)

Judge(s)

Jacobson, Mary C. (New Jersey)

Attorney for Defendant

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Documents in the Clearinghouse

Document

MER-L-2691-04

[Appellant Brief]

Gusciora v. Corzine

May 11, 2020

May 11, 2020

Pleading / Motion / Brief

MER-L-2691-04

Case Management Order

Gusciora v. Murphy

May 19, 2020

May 19, 2020

Order/Opinion

MER-L-2691-04

Memorandum of Understanding

Gusciora v. Corzine

June 19, 2020

June 19, 2020

Order/Opinion

Resources

Docket

Last updated Aug. 30, 2023, 2:40 p.m.

Docket sheet not available via the Clearinghouse.

Case Details

State / Territory: New Jersey

Case Type(s):

Election/Voting Rights

Special Collection(s):

COVID-19 (novel coronavirus)

Healthy Elections COVID litigation tracker

Key Dates

Filing Date: 2020

Case Ongoing: Yes