Cohen v. Rossi — concurring

Summary

Justice Ecker concurred in the judgment and agreed with the plurality that municipal employees designated by the municipal clerk could retrieve absentee ballots from secure drop boxes. Ecker reasoned, however, that the statutory text was ambiguous because both the plurality’s interpretation and the narrower interpretation limiting retrieval to the clerk or a qualified assistant clerk were reasonable, so legislative history could properly be considered; that history supported the plurality’s reading. Justice D’Auria, joined by Chief Justice Robinson, separately concurred in part and would have found the statute unambiguous and limited retrieval authority to the clerk or qualified assistant clerks.