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Mooney v. Board of Chosen Freeholders of Atlantic County

Decided: January 8, 1973.

DOLORES I. MOONEY, PLAINTIFF,
v.
BOARD OF CHOSEN FREEHOLDERS OF ATLANTIC COUNTY, AND JOHN XANTHOPOULOS, COUNTY TREASURER, DEFENDANTS



Francis, J.s.c.

Francis

This is an action in lieu of prerogative writs wherein the original complaint challenged the creation of the position of assistant commissioner of registration within the county board of elections. The complaint was amended by adding a supplement wherein plaintiff challenged the actions of the board of freeholders in the creation by resolution of the office of superintendent of elections for Atlantic County.

The matters set forth in the original complaint have been disposed of, leaving as the sole issue to be determined the constitutionality of N.J.S.A. 19:32-26, which purports to authorize the appointment of a superintendent of elections in certain counties.

The most recent amendment to the above statute became effective May 20, 1971. The pertinent portion of the statute is as follows:

In any county of the second class, other than those having a population between 275,000 and 325,000 and other than those having a population between 350,000 and 400,000 according to the 1950 Census, and in any county of the fifth class having a population in excess of 200,000 according to the 1950 Census, or less than 200,000 according to the 1970 Census , the board of chosen freeholders may establish, by resolution, the office of superintendent of elections for the county, and said office when once established shall not be altered or abolished.

The following table, compiled from statistics of the United States Census Bureau, shows the population of certain extracted counties of New Jersey as related to their class, for the census years 1950 and 1970:

Second-Class Counties

(200,000-600,000 1970 Census 1950 Census

Middlesex 583,813 264,872

Union 543,116 398,138

Passaic 460,783 337,094

Camden 456,291 ...


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