Supreme Court of New Jersey

Elmer H. Wene, Petitioner-Appellant v. Robert B. Meyner, Defendant-Respondent

July 9, 195313 N.J. 185

Summary

The Supreme Court of New Jersey affirmed the lower court's grant of summary judgment, holding that the statutory requirement for a signed declaration was not a mandatory condition whose failure invalidated votes, and therefore the election result stands. Chief Justice Vanderbilt dissented, arguing that the declaration requirement is a condition precedent and the case should be remanded for factfinding.