University of Michigan Law School
Civil Rights Litigation Clearinghouse
Title "Gusciora v. McGreevey"
Date Sep 1, 2020
Author Healthy Elections Project
External Link
Abstract Plaintiffs submitted a letter brief to enforce a final order issued over ten years ago, which banned online voting permanently in New Jersey because online votes can be hacked. The State confirmed through the media and a phone call that the May 12th election will have an online voting system for disabled voters to use. This violates the abovementioned order as well as Governor's Murphy Executive Order 105, which specified that all voting during the COVID-19 crisis will be done by mail. Plaintiffs claim: (1) The court has the inherent power to enforce its own judgment and should order State authorities to comply with the 2010 final order, which bans the State from conducting elections via the internet; and (2) since online votes can be altered and the State would be unable to confirm these votes' integrity, the votes of disabled individuals would not have equal weight or equal protection, therefore violating the New Jersey Constitution, which protects against "the unequal treatment of those who should be treated alike." Plaintiffs seek emergency injunctive relief to enjoin State authorities from implementing a vote by Internet-based program. Plaintiffs claim they are entitled to this relief because the final order was clear and unambiguous, voters will be irreparably harmed by an insecure online voting system, the State will not suffer harm from an injunction since vote-by-mail exists, and a strong public interest exists in preserving the integrity of elections and ensuring public confidence in the election process. The Court held a case management conference on May 18, after the election in question. There, Defendants stated that they do not intend to use an internet-based voting system in future elections. The Court then ordered the parties to cooperate and reach a written memorandum or agreement addressing the use of internet-based voting systems for future elections.
Source Healthy Elections Project

This Resource Relates To
case (VR-NJ-0044)

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