On November 8, 2011, Gabriela Mosquera, the Democratic nominee for Assembly, 4th district, was elected to the legislature with a margin of 20,000 votes. A month later, her Republican opponent charged that Mosquera had not lived in the district for a full year. She was short 50 days.
On January 5, a lower state court in Camden blocked Mosquera from taking the oath of office. On January 27, the New Jersey Supreme Court will hear the case. It is conceivable the State Supreme Court will rule the one-year duration of residency requirement within the district violates the U.S. Constitution. Or it is conceivable that the court will find another resolution. See this story. The Fourth District is in Camden and Gloucester Counties.
Each State is a SOVEREIGN independent NATION-STATE for its internal government stuff.
1776 DOI, last para.
1777 Art. Confed.
1783 U.S.A.-Brit Peace Treaty
1787 Const., Art. I, Sec. 10 and Art. VII
New Jersey Constitution Article IV, Section IV, Paragraph 2.
“Each house shall be the judge of the elections, returns and qualifications of its own members, …”
The Assembly should make the decision on Mosquera’s qualifications and then consider judicial misconduct proceedings against the lower court judges.