Robertson v. Bartels

890 F. Supp. 2d 519, 2012 WL 3892874, 2012 U.S. Dist. LEXIS 120790
CourtDistrict Court, D. New Jersey
DecidedJune 26, 2012
DocketCiv. No. 01-2024 (DRD)
StatusPublished
Cited by3 cases

This text of 890 F. Supp. 2d 519 (Robertson v. Bartels) is published on Counsel Stack Legal Research, covering District Court, D. New Jersey primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Robertson v. Bartels, 890 F. Supp. 2d 519, 2012 WL 3892874, 2012 U.S. Dist. LEXIS 120790 (D.N.J. 2012).

Opinion

OPINION

DEBEVOISE, Senior District Judge.

This case raises two significant issues:

First, did this Court err when, in 2001, it held that the one-year durational residency requirement to run for New Jersey State Senate and General Assembly contained in Article IV, Section 1, Paragraph 2 of the New Jersey State Constitution violates the Fourteenth Amendment of the United States Constitution and enjoined the New [522]*522Jersey Attorney General and Secretary of State from enforcing that provision? See Robertson v. Bartels, 150 F.Supp.2d 691 (D.N.J.2001)

Second, did the New Jersey State Supreme Court exceed its powers when it rejected the Robertson ruling on the grounds that (1) this Court erroneously decided the constitutional issue and (2) this Court’s injunction only bound the New Jersey Attorney General and Secretary of State? See In re Contest of November 8, 2011 General Election of Office of New Jersey General Assembly, Fourth Legislative District, 210 N.J. 29, 40 A.3d 684 (2012)

I. BACKGROUND

A. The Robertson Ruling

Every decade, New Jersey’s Apportionment Commission redraws the legislative map of the state’s Legislative Districts, producing a new map that differs in significant ways from that of the previous decade. After the 2001 Apportionment Commission adopted a plan redistributing New Jersey’s Legislative Districts, several plaintiffs claimed, as part of a broader challenge to the apportionment plan, that the one-year district residency requirement violated the Equal Protection Clause of the Fourteenth Amendment.

A three-judge panel assembled pursuant to 28 U.S.C. § 2284 and referred the Equal Protection Claim to this Court, which held that, based on a strict scrutiny analysis, the one-year district residency provision violated the Fourteenth Amendment.

Article IV, § 1, ¶ 2 of the New Jersey Constitution provides:

No person shall be a member of the Senate who shall not have attained the age of thirty years, and have been a citizen and resident of the State for four years, and of the district for which he shall be elected one year, next before his election. No person shall be a member of the General Assembly who shall not have attained the age of twenty-one years and have been a citizen and resident of the State for two years, and of the district for which he shall be elected one year next before his election. No person shall be eligible for membership in the Legislature unless he be entitled to the right of suffrage.

In its opinion, the Court noted that federal courts had ruled in different ways on the residency requirement issue, observing that “[t]he weighing process in each case is fact sensitive,” but that here “[a] fundamental right is at stake and it is necessary to weigh against its impairment the government interests asserted in support of the classification.” Robertson, 150 F.Supp.2d at 695.

The Court then noted the three interests advanced by the State in furtherance of the one-year residency requirement: (1) the one-year requirement allows the people of New Jersey the necessary opportunity to become familiar with a potential candidate; (2) it prevents political carpet bagging; and (3) it provides a candidate the opportunity to become familiar with the issues and concerns that are important to the people he or she seeks to represent. Id. at 696. Reviewing the circumstances of the plaintiffs in the case, the Court found that “the reasons the State advances to justify the one-year residency requirement are particularly uncompelling,” id. at 697, and consequently that “New Jersey’s one-year residency requirement for candidates for the State Senate and State Assembly does not survive a strict scrutiny analysis.” Id. at 698.

In doing so, the Court explained:

[523]*523The State is divided into forty districts from each of which there are elected one Senator and two Assembly members. The cities of Newark and Jersey City encompass several districts. Geographical regions of the State consist of many districts. As demonstrated by the recent redistricting that followed the year 2000 census, the boundaries of these districts are not firmly established. Rather they are subject to revision each ten years to ensure that they meet one-person one-vote requirements and other constitutional and statutory mandates. * * *
The lack of substance to the State’s interest in the one-year residency requirement becomes more apparent when one considers the circumstances that prevail in New Jersey’s two major cities — Newark and Jersey City. Each is split into three separate legislative districts. District lines run down the middle of streets and through the heart of local neighborhoods. Population mobility is high in these cities, particularly in Newark which has a high percentage of poor and minority residents. Simply by moving across the street a person could find himself or herself subject to the one-year residency requirement.

Id. at 697, 698.

The Court also found unavailing the State’s reliance on Sununu v. Stark, 383 F.Supp. 1287 (D.N.H.1974) (three judge panel), aff'd, 420 U.S. 958, 95 S.Ct. 1346, 43 L.Ed.2d 435 (1975) and Chimento v. Stark, 353 F.Supp. 1211 (D.N.H.1973) (three judge panel), aff'd, 414 U.S. 802, 94 S.Ct. 125, 38 L.Ed.2d 39 (1973), two cases where the Supreme Court summarily affirmed the decisions of three judge district courts that upheld the seven-year residency requirement contained in the New Hampshire Constitution for state governor and state senator. This Court distinguished those two cases on two grounds. “First the seven year durational residency requirement” in those cases “applies only to the Office of Governor and State Senator, the highest elective offices in the State of New Hampshire,” while the one-year durational residency requirement in New Jersey “relates not to the principal State wide offices of the State ... [but] to officials elected from political subdivisions of much smaller geographical dimensions, the precise boundaries of which are subject to periodic revision.” Robertson, 150 F.Supp.2d at 698, 699. Second, whereas “the seven year residency requirement first appeared in the New Hampshire Constitution of 1784 and was modeled almost entirely after the Massachusetts Constitution of 1780, which was written primarily by John Adams,” the one-year durational residency requirement for a legislative district, although it appears in the New Jersey constitution, “is of much more recent vintage than New Hampshire’s (dating from 1947) and lacks the venerable heritage of New Hampshire’s charter.” Id. at 698-99.

Consequently, the Court entered an order permanently enjoining the New Jersey Attorney General and Secretary of State from enforcing that provision. For nearly 10 years, the State of New Jersey complied with that injunction and did not require legislative candidates to establish that they met the New Jersey Constitution’s residency requirement.

B. The New Jersey Supreme Court Ruling

In 2011, Gabriela Mosquera decided to run for the New Jersey Assembly in the 4th Legislative District. She had moved from the 7th District to the 4th District 10 months prior to the November 2011 election.

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Cite This Page — Counsel Stack

Bluebook (online)
890 F. Supp. 2d 519, 2012 WL 3892874, 2012 U.S. Dist. LEXIS 120790, Counsel Stack Legal Research, https://law.counselstack.com/opinion/robertson-v-bartels-njd-2012.