Laws governing local ballot measures in New Jersey

Laws Governing Local Ballot Measures

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Terms

Initiative • Home rule • General law city • Charter city • Petition • Initiative petition circulation periods • Circulator • Paid circulator • Volunteer circulator • Circulator affidavit • Signer • Valid signature • Forged signature • Fraudulent signature • Invalid signature • Electronic petition signature • Legislative alteration • Registered voter

New Jersey Constitution
Preamble
Articles
I • II • III • IV • V • VI • VII • VIII • IX • X • XI

165 New Jersey municipalities and 6 counties have an initiative and referendum process for local ballot measures.

This article sets out the laws governing local ballot measures in New Jersey. It explains:

• Which local units of government make the initiative process available to residents.
• How and whether local units of government, including school districts, can refer local ballot measures (such as school bond propositions) to the ballot.
• An overview of laws governing local recall elections.

Types of local government

According to a 2022 study from the U.S. Census Bureau, this state's local governments consist of 21 counties, 564 cities, towns, and villages, and 222 special districts.

School districts

See also: School bond and tax elections in New Jersey

Bond elections
2018 • 2017 • 2016 • 2015 2014 • 2013 • 2012 • 2011 2010 • 2009 • 2008 All years and states
Property tax elections
2018 • 2017 • 2016 • 2015 2014 • 2013 • 2012 • 2011 2010 • 2009 • 2008 All years and states
See also
State comparisons How voting works Approval rates

School bond and tax elections in New Jersey are held under three different circumstances:

• To approve a school district's annual budget which is mandated for all districts.
• To issue bonds for new construction and capital improvements.
• If a school district has an excess levy.

Local recall rules

Recall news
Recalls by state
Recalls by year
Recalls by type

The citizens of New Jersey are granted the authority to perform a recall election by Section 2(b) of Article I of the New Jersey Constitution, which was enacted in 1993.

The recall amendment applies to all elective officers after the first year of the term for which the incumbent was elected. The New Jersey Recall Amendment specifically authorizes the recall of members of New Jersey's U.S. Congressional delegation.

See also: Section 2(b) of Article I of the New Jersey Constitution

The section of the New Jersey Constitution that authorizes recall says:

"The people reserve unto themselves the power to recall, after at least one year of service, any elected official in this State or representing this State in the United States Congress. The Legislature shall enact laws to provide for such recall elections. Any such laws shall include a provision that a recall election shall be held upon petition of at least 25% of the registered voters in the electoral district of the official sought to be recalled. If legislation to implement this constitutional amendment is not enacted within one year of the adoption of the amendment, the Secretary of State shall, by regulation, implement the constitutional amendment, except that regulations adopted by the Secretary of State shall be superseded by any subsequent legislation consistent with this constitutional amendment governing recall elections. The sufficiency of any statement of reasons or grounds procedurally required shall be a political rather than a judicial question."

For additional detail, see: Laws governing recall in New Jersey

Initiative process availability

The local units of government in New Jersey that make the initiative process available are:

• Counties operating under the optional county charter law have state specified initiative and referendum. There are 6 such counties (Atlantic, Bergen, Essex, Hudson, Mercer and Union).

• Municipalities operating under the optional municipal charter law (129) or commission form of government (32) have state specified initiative and referendum procedures. A list of these 161 municipalities is provided below in the external links, "Initiative and Referendum in New Jersey’s Counties and Municipalities."

• 3 of the 11 municipalities with special act charters provide for local initiative and referendum in the charter (Middletown Township, Montville Township, and Plainfield City). These charters were special acts of the legislature.

• In addition, Tenafly Borough, which generally operates under the borough form of government, has provided its voters with the powers of initiative and referendum pursuant to a local law specifically enacted to provide those powers.

Authority

Ballot Law Portal

Laws Governing Ballot Measures

Constitution

Article IV, Sections VII, Paragraph 10 grants municipal governing bodies the power to petition the legislature for special act charters. The charter may be constructed to include initiative and referendum. Other than this section regarding special act charters, the New Jersey Constitution makes no references to local initiative and referendum.

Statutes

Cities operating under the optional municipal charter law have mandated initiative and referendum through N.J.S.A. 40:69A-1 and the following articles.

Cities with a commission form of government have mandated initiative and referendum through N.J.S.A. 40:70-1 and the following articles.

Counties operating under the “Optional County Charter Law,” have mandated initiative and referendum through N.J.S.A. 40:41A-1 and the following articles.

Initiative process features for cities operating under the "Optional Municipal Charter Law"

A guide to local ballot initiatives

For details on process features see New Jersey Statutes 40:69A-184 and the following articles.

Optional Municipal Charter Law Initiative Process   Subject matter restriction Initiative petitions are restricted from: Changes to zoning ordinances. (N.J.S.A. 40:55D-62 b) Referendum petitions are restricted from: Changes to zoning ordinances Petitioning to repeal ordinances which to be effective in the municipality must be submitted to the voters, or which authorize a referendum concerning the subject matter thereof. (N.J.S.A. 40:69A-185) Petition text approval There is no process for approval of a petition prior to circulation. Signatures required For initiatives: a number of signatures which is either 15% or less than 15% but greater than 10% of the total votes cast in last election of General Assembly. (N.J.S.A. 40:69A-184) For referendums: a number of signatures equal to or greater than 15% of the total votes cast in last election of the General Assembly. (N.J.S.A. 40:69A-185) Time for circulation Referendums have 20 days from the passing of the ordinance for circulation. (N.J.S.A. 40:69A-185) Petition appearance There must be a committee of 5 electors who at the time of submission register as the Committee of the Petitioners. Specifications for petition appearance are found in N.J.S.A. 40:69A-186. Attached to each separate petition paper there shall be an affidavit of the circulator declaring the validity of the signatures. (N.J.S.A. 40:69A-186) Indirect approval process The process for approval of the petition is indirect. Petitioners must submit their petition to the municipal governing body prior to submission to the voters. If the governing body fails to pass substantially the same ordinance within 20 days then the vote goes to the municipal electors. (N.J.S.A 40:69A-191) Scheduling and results of election For initiatives: If the number of signatures collected is equal to at least 15% of the total votes cast in the last election then the ordinance is: Submitted to the electors at the next general or regular municipal election occurring 40 days or more after the final date for withdrawal. If no general election is to be held within 90 days the council shall provide for a special election to be held after 40 but within 60 days from the final date for withdrawal. If the number of signatures collected is equal to at least 10% but less than 15% of the total votes cast in the last election then the ordinance shall be submitted at the next general or regular municipal election occurring not less than 40 days after the final date of withdrawal. (N.J.S.A. 40:69A-192) For referendums: Elections occur at the next general election not less than 40 days after the final date of withdrawal. (N.J.S.A. 40:69A-192) The result of the election is determined by a simple majority of the votes cast. (N.J.S.A. 40:69A-196)

Initiative process features for cities with a commission form of government

For details on process features see New Jersey Statutes 40:74-5 and the following articles.

Commission City Initiative Process   Subject matter restriction Initiative petitions are restricted from: Changes to zoning ordinances. Referendum petitions are restricted from: Changes to zoning ordinances Petitioning to repeal ordinances which to be effective in the municipality must be submitted to the voters, or which authorize a referendum concerning the subject matter thereof. Petitioning to revoke ordinances fixing the salaries of municipal employees. Ordinances authorizing an improvement or incurring indebtedness other than current expenses. (N.J.S.A. 40:74-5) Petition text approval There is no process for approval of a petition prior to circulation. Signatures required For initiatives: a number of signatures which is either 15% or less than 15% but greater than 10% of the total votes cast in last election of General Assembly. (N.J.S.A. 40:74-14.) For referendums: a number of signatures equal to or greater than 15% of the total votes cast in last election of the General Assembly. (N.J.S.A. 40:74-5) Time for circulation Referendums have 20 days from the passing of the ordinance for circulation. (N.J.S.A. 40:74-5) Petition appearance There must be a committee of 5 electors who, at the time of submission, register as the Committee of the Petitioners. Specifications for petition appearance found in N.J.S.A. 40:69A-186. Attached to each separate petition paper there shall be an affidavit of the circulator declaring the validity of the signatures. (N.J.S.A. 40:74-10 and N.J.S.A. 40:74-11) Petition approval process Initiatives: The process for approval of the petition is indirect. Petitioners must submit their petition to the municipal governing body prior to submission to the voters. If the governing body fails to pass substantially the same ordinance within 20 days then the vote goes to the municipal electors. (N.J.S.A. 40:74-14.) Referendums: The process for approval of a referendum petition is indirect. The petition must be submitted to the municipal governing body prior to submission to voters. If the governing body fails to pass substantially the same ordinance within 20 days and the petitioners have attached a request that the petition be put before the electors then the vote goes to the municipal electors. (N.J.S.A. 40:74-5) Scheduling and results of election Initiatives: If the petition has a number of signatures equal to at least 15% of the votes cast in the last election, then it is submitted at the next general or regular municipal election occurring 40 days or more after the final date for withdrawal. If there is no general election to be held within 90 days the council shall provide for a special election to be held after 40 but within 60 days from the final date for withdrawal. If the petition has a number of signatures equal to at least 10% but less than 15% of the votes cast at the last election, then the ordinance shall be submitted at the next general or regular municipal election occurring not less than 40 days after the final date of withdrawal. (N.J.S.A. 40:74-14.) Referendums: The election shall occur at a general election, not less than 40 days from the final date for withdrawal unless no such election is to be held within 90 days of that date, a special municipal election shall be held not less than 40 nor more than 60 days from the final date for withdrawal. (N.J.S.A. 40:74-5) The results of both initiative and referendum elections are determined by a simple majority of the votes cast. (N.J.S.A. 40:74-18)

Initiative process in the top 10 most populated cities

Local I&R Laws in the 50 States

Source: Local Ballot Initiatives: How citizens change laws with clipboards, conversations, and campaigns

Individual city provisions   Newark Population as of the July, 2011 census update: 277,540 Charter city Newark operates under the optional municipal charter laws. The initiative and referendum process is detailed above. Jersey City Population as of the July, 2011 census update: 250,323 Charter city Jersey City operates under the optional municipal charter laws. The initiative and referendum process is detailed above. Paterson Population as of the July, 2011 census update: 146,427 Charter city Paterson operates under the optional municipal charter laws. The initiative and referendum process is detailed above. Elizabeth Population as of the July, 2011 census update: 125,660 Charter city Elizabeth operates under the optional municipal charter laws. Initiative and referendum available as detailed above. Trenton Population as of the July, 2011 census update: 84,899 Charter city Trenton operates under the optional municipal charter laws. The initiative and referendum process is detailed above. Clifton Population as of the July, 2011 census update: 84,269 Charter city Clifton operates under the Council Manager Act of 1923. Initiative and referendum is not available. Camden Population as of the July, 2011 census update: 77,283 Charter city Camden operates under the optional municipal charter laws. The initiative and referendum process is detailed above. Passaic Population as of the July, 2011 census update: 69,893 Charter city Passaic operates under the optional municipal charter laws. The initiative and referendum process is detailed above. Union City Population as of the July, 2011 census update: 67,187 Charter city Union City operates under the optional municipal charter laws. The initiative and referendum process is detailed above. East Orange Population as of the July, 2011 census update: 64,365 Charter city East Orange operates under a city form of government. Initiative is only available for establishment, abolition, merger of certain commissions, as provided by P.L.1963, c.149, codified in NJ Statutes 40:103-5(97).

External links

• Research document of New Jersey local I&R laws
• New Jersey league of cities
• Initiative and Referendum in New Jersey’s Counties and Municipalities