NJ Supreme Court: Federal Judges Should Rule on Residency
New Jersey's Supreme Court has ruled that the final constitutional decision in an election residency dispute should be made by federal judges, not them.
Thursday's ruling comes in a lawsuit over the outcome of last November's election in the 4th Legislative District.
It's not disputed that Democrat Gabriela Mosquera, one of the two winners, moved into the southern New Jersey district in December 2010 and didn't live there the required 12 months before the election.
A lower court tossed out the election results.
The state Supreme Court agreed with that in a 4-3 ruling.
But the majority also said that Mosquera is eligible now meets the residency requirement and is eligible to fill the seat.
The seat has been vacant since last month.
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