The State, Charles B. Morris, Relators v. James T. Wrightson, Clerk of the Court of Common Pleas and General Quarter…

Summary

The Supreme Court of New Jersey held that the 1891 statute creating assembly districts within counties for electing members of the General Assembly violates the state constitution, which requires such members to be elected by the legal voters of the county at large. The Court affirmed that the judiciary has authority to review the constitutionality of legislative election statutes and that citizens and qualified voters have standing to seek mandamus. Accordingly, the Court issued a mandamus directing county clerks to conduct elections in accordance with the constitutional prescription.