Ertel, Figgins, Jones v. Essex County Board of Elections

On Nov. 6, 2012, the ACLU-NJ filed an filed fan emergent petition on behalf of voters displaced by Hurricane Sandy who tried to obtain a ballot through fax or email, but did not receive a response. The ACLU-NJ asked the court to allow displaced voters to vote by using the Federal Write-In Absentee Ballot, which is also used by members of the military serving overseas and other overseas U.S. citizens who cannot obtain a ballot. The judge denied that request.

The judge however issued an order stating that county clerks statewide must continue to accept and process applications for ballots, as long as the displaced voter provides proof that he or she made an attempt to receive a ballot on Election Day.

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