Whenever there is an election contest, the court may issue subpoenas to relevant witnesses, including voters.
N.J.S.A. 19:29–6. The subpoenas are issued pursuant to Rule 1:9 of the Rules Governing the Courts of the State of New Jersey, which governs the issuance of all subpoenas for all purposes in the State.
See Cplt. Exh. B. (subpoenas issued to plaintiffs). In the event that the election is contested because of alleged illegal voting, the subpoenaed witnesses/voters must testify in open court in order for the court to make a determination whether each individual voted legally.
N.J.S.A. 19:29–7 (“The judge may require any person called as a witness who voted at such election to answer [questions] touching his qualification as a voter....”).
If the court determines that an illegal vote was cast, the court may compel the illegal voter to disclose the nature of her vote in order to expunge that illegally cast vote.
Id.; New Jersey Rule of Evidence 31 (“Every person has a privilege to refuse to disclose the tenor of his vote at a political election unless the judge finds that the vote was cast illegally”).