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Laws governing local ballot measures in New Jersey

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Laws Governing Local Ballot Measures

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This page describes the state constitutional provisions and statutes that govern local ballot measures in New Jersey. Jurisdictions often establish additional rules within the parameters of state law; those can be found in local ordinances and home-rule charters.

Explore the links below for more information:

Law

The New Jersey Statutes authorize and provide for the framework around local ballot measures.

General

The following outlines the general rules that govern local ballot measures in New Jersey, including both citizen-initiated measures and referred measures from local government bodies.

  • Election timing: In most cases, county and municipal questions are submitted to the next general election. In optional county charter counties, county-level initiatives are submitted at a general or special election.[1]
  • Vote requirements: Local ballot measures require a simple majority vote unless a statute specifies a different threshold.[1]
  • Required ballot measures: New Jersey statute requires voter-approved ballot measures for the following:
    • Adoption, abandonment, or change of an optional municipal or county charter, or form of municipal government.[2]
    • Local general obligation bonds.[3]
    • School district bonds, new construction, capital improvements, and related tax levies.[4]
    • Certain special taxes or levies.[3]

Initiatives

The following outlines additional rules that govern local citizen-initiated ballot measures in New Jersey.

  • Authority: New Jersey statute does not grant local initiative power to all municipalities and counties, but provides for initiative where it is authorized by statute. Both Faulkner Act and Walsh Act municipalities have initiative and referendum powers. Counties that have adopted an optional county charter also have initiative and referendum powers over county ordinances.[2]
  • Signatures: For Faulkner Act and Walsh Act municipalities, the number of signatures required to place an initiative on the ballot is 10% of votes cast in the municipality at the last general election for members of the General Assembly, while referendums to change an ordinance need 15%. For optional county charter counties, initiatives need to be signed by 5% of the registered voters in the county, while referendums against county ordinances need 15% of registered voters to sign.[2]
  • Deadlines: For municipal referendums on ordinances, petitions must be filed within 20 days after the passage of the ordinance. For municipal and county initiatives, once signatures are verified the the initiative certified, the proposed ordinance must either be adopted or submitted to voters at the next general or municipal election at least 40 days away, or a special election 40 to 60 days later.[2]

Referrals

The following outlines additional rules that govern local referred ballot measures in New Jersey.

  • Authority: Counties and municipalities have the authority to place non-binding public questions on the ballot.[1] Questions regarding adopting or modifying municipal government structures may also be referred to voters.[2] Counties can refer charter amendments to the ballot.[2] School districts must refer bond measures, tax questions, and major capital questions to the ballot.[5] Special districts must also refer bond or tax questions to voters when required by statute.[3]
  • Deadlines: County public questions must be referred to the ballot 88 days prior to the general election, while municipal and school district public questions must be submitted 74 days prior to the general election.[1]

Laws governing local ballot measures in the U.S.

Laws governing local ballot measures in the United States

As state laws govern ballot measures, the rules are different from state to state. Click on a state below to explore that state's laws on local ballot measures.

http://ballotpedia.org/Laws_governing_local_ballot_measures_in_STATE

See also

Footnotes