Cohen v. Rossi — concurring

Summary

Justice Ecker concurred in the judgment affirming the denial of relief, agreeing that municipal clerks may designate employees within their offices to retrieve absentee ballots from secure drop boxes. Ecker reasoned that the governing provision is ambiguous because both the plurality's interpretation and a narrower interpretation limited to the clerk or properly authorized assistant clerks are plausible, permitting consideration of legislative history. Justice D’Auria, concurring in part, would interpret the statute more narrowly but agreed that the record did not establish that any retrieval error affected the election result.