Cohen v. Rossi — concurring

Summary

Justice D’Auria concurred in the judgment and joined the plurality’s analysis except for its construction of the statutory term governing who may retrieve absentee ballots from secure drop boxes. He would limit that authority to the municipal clerk and, when statutory conditions are met, appointed assistant clerks, but concluded that the record did not establish that the irregular retrieval procedure affected the election result. Justice Ecker, concurring separately, agreed with the judgment and the plurality’s interpretation, reasoning that the statute was ambiguous and that legislative history supported permitting municipal employees designated by the clerk to retrieve ballots.