Interesting NJ Federal Court Opinion on Candidates’ Durational Residency

In a 2001 decision in Robinson v. Bartels, a NJ federal court invalidated New Jersey’s one-year durational residency requirement for state legislative candidates following a redistricting cycle, on federal constitutional grounds.  Earlier this year, the NJ State Supreme Court disagreed, and enjoined a winning state legislative candidate from taking office.  Last week, the federal court revisited the issue, affirming the original decision (invalidating the requirement and enjoining its enforcement).  (h/t Flavio Komuves).

On top of the discussion of the federal constitutional issues at the conjunction of redistricting and durational residency requirements, the opinion has an interesting discussion of the effect of a federal injunction on state officials.  A similar issue (arising out of a consent decree) came up in Ohio earlier this year.


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