Case: In re Absentee Ballots Cast by Five Residents of Trenton Psychiatric Hospital

LOC-3981-98 | New Jersey state trial court

Filed Date: Nov. 3, 1998

Closed Date: May 15, 2000

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Case Summary

In 1998, following an objection to efforts to register voters at Trenton Psychiatric Hospital, an administrative law judge segregated votes cast by five residents of the hospital and refused to allow them to be opened and counted pending a determination of the voters’ competency. The New Jersey protection and advocacy agency (now called Disability Rights New Jersey) appealed to the Superior Court of New Jersey, Appellate Division. The court held that “voters who are involuntarily committed residents of a psychiatric hospital pursuant to [state law] are presumed competent to vote. Therefore, they cannot be challenged as voters nor their ballots segregated, absent a particularized showing of incompetence.” In re Absentee Ballots Cast by Five Residents of Trenton Psychiatric Hosp., 331 N.J. Super. 31, 33, 750 A.2d 790 (App. Div. 2000). In this case, there was no evidence of the voters’ incompetence and the challenge was solely based on their commitment to the hospital for psychiatric treatment.

The court found that a voter competency challenge based on residency at the psychiatric hospital alone is illegal. The court relied on Carroll v. Cobb, 139 N.J.Super. 439, 455, 354 A.2d 355 (App.Div.1976), which held that residence at a state institution for people with intellectual disabilities “did not per se render an individual, who otherwise meets all other voting requirements, ineligible to vote.” 331 N.J.Super. at 36. In Carroll, the court found that a “particularized showing of incompetence,” supported by expert testimony, was necessary, noting that “[I]t should be abundantly evident that a lay person is completely unequipped” to make this determination. Id. at 37.

In addition, the court found that the voters were deprived of their fundamental right to vote because their ballots were segregated. Voting is a fundamental right and deprivation of that right must be justified by a compelling state interest. Id. at 38. The court imposed a clear and convincing standard of proof and found that since the challengers had presented no evidence to support their claim that the voters lacked competence, they failed to meet this standard

The court also found that the administrative law judge erred by segregating the ballots rather than referring the matter to the superior court, as specified in New Jersey statutes. The court ordered the ballots to be opened and counted.

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NDRN (9/11/2022)

Documents in the Clearinghouse

	Document
98-03981	Order Segregating Absentee Ballots Case by Residents of Trenton Psychiatric Hospital - General Election November 3, 1998	Dec. 17, 1998	Dec. 17, 1998 Order/Opinion 1998 WL 35181125
98-A-02188	Brief on Behalf of the Attorney General New Jersey state appellate court	March 22, 1999	March 22, 1999 Pleading / Motion / Brief 1999 WL 34590822
98-A-02188	Brief on Behalf of Respondent, the Mercer County Republican Party New Jersey state appellate court	April 5, 1999	April 5, 1999 Pleading / Motion / Brief 1999 WL 34590821
98-A-02188	Opinion New Jersey state appellate court	May 15, 2000	May 15, 2000 Order/Opinion 750 A.2d 790