Mosquera disqualified after residency requirement lawsuit
January 6, 2012
New Jersey: On January 5, a State Superior Court judge invalidated Gabriela Mosquera's (D) November 8 election to the New Jersey General Assembly. The challenge was brought by rival Shelley Lovett (R), who was defeated in November.[1]
Lovett argues that Mosquera, who moved to District 4 in December 2010, was ineligible to represent New Jersey's 4th when she was elected. Candidates must live for at least one year in the district they intend to represent.[2]
Mosquera's lawyer, Bill Tambussi, contends that since New Jersey was undergoing redistricting, the one-year requirement does not apply. Furthermore, he says a prior court case has established that the state constitution violated the U.S. Constitution, and that the residency requirement only holds for out-of-state candidates. Since Mosquera lived in New Jersey the whole time, Tambussi says, she was eligible for the seat.[3]
Lovett's lawyer, on the other hand, says he wants to see the state constitution enforced. He holds that: "[Mosquera] wasn’t in the district either way. She's pretty much a complete stranger to the constituents in the district."[2]
Mosquera plans to appeal the decision.[4]
See also
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| Propositions • | Recall | • Law |
References
- ↑ Courier Post Online, "Democrat's Assembly win voided; Mosquera could still gain seat," January 5, 2012
- ↑ 2.0 2.1 Gloucester County Times "Assemblywoman-elect challenged on her residency," Accessed December 15, 2011
- ↑ Cherry Hill Courier-Post "GOP contends winner in 4th District didn't meet N.J. requirements," Accessed December 15, 2011
- ↑ Courier Post Online, "Democrat's Assembly win voided; Mosquera could still gain seat," January 5, 2012
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