Earlier this week the Latino Action Network joined with the Women’s Political Caucus, Latinas United for Political Empowerment – Political Action Committee, New Jersey Muslim Lawyers Association, Latino Coalition of Monmouth County, and Communications Workers of America, AFL-CIO to file an amicus curiae (“friend of the court”) brief in In re Contest of November 8, 2011 General Election of Office of New Jersey General Assembly, Fourth Legislative District, the New Jersey Supreme Court case in which Gabriela Mosquera’s election as 4th District Assemblywoman in November 2011 is being challenged despite her having won more votes than her opponents.
On Wednesday, January 26, 2012 we heard that the Supreme Court has accepted our amicus brief.
One of her opponents, Shelley Lovett, argues that because Ms. Mosquera moved to the 4th District 11 months prior to the election, she violated a requirement in the New Jersey Constitution that all candidates must live in their district for at least a year. However, a federal judge back in 2002 had held that provision invalid under the United States Constitution’s Equal Protection Clause. As such the Secretary of State (Lieutenant Governor Kim Guadagno) had told Ms. Mosquera that she could run for office, without challenge, and in fact every candidate since 2002 has been told the same thing.
We made three arguments: