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Supreme Court of New Jersey |
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| Top row, L to R: Justice Roberto A. Rivera-Soto; Justice Barry T. Albin; Justice John E. Wallace, Jr.; Justice Helen E. Hoens; Front row, L to R: Justice Virginia Long; Chief Justice Stuart Rabner; Justice Jaynee LaVecchia. |
A New Jersey Supreme Court's ruling will be felt around the state because it is likely to give voters more opportunities to overthrow ordinances they oppose with properly certified petitions, officials say.
The ruling affects the 125 municipalities governed by the Faulkner Act, which includes all major cities such as Trenton and large urban and suburban areas like Hamilton and New Brunswick. Hoboken is also governed by the Faulkner Act.
In 39 years of case law rulings, state courts have made a distinction between municipal ordinances that are administrative in nature and ones that are legislative.
Legislative ordinances that addressed more permanent issues were subject to voter referendum, but administrative ordinances that addressed more temporary or general issues were exempted from referendums.
Yesterday's high court ruling cleared that up, saying there was no distinction, and reverted to state statutes that say, "the voters shall also have the power of referendum which is the power to approve or reject at the polls any ordinance submitted by the council to the voters or any ordinance passed by the council, against which a referendum petition has been filed. ..."