Fuhrman v. Mailander

In Fuhrman v. Mailander, the New Jersey Appellate Division reviewed a challenge under the Optional Municipal Charter Law, N.J.S.A. 40:69A-1 to -210, commonly known as the Faulkner Act. To save money, a committee of residents of Ridgewood, New Jersey, sought to have an initiative put on the ballot to move the Board of Education village council elections from special springtime elections to the general election in November. The municipal clerk rejected the petition, stating that she would only tell the committee her reasons after a village council meeting.  Later, she said the petition was rejected because it was circulated online, not by hand, and because one initiative referenced two elections and should have been two initiatives, each referencing one election. The Appellate Division noted that Governor Murphy issued an executive order explicitly allowing initiatives to be circulated online and that the clerk had no right to “punt” on the issue until after the council meeting. Also, there was no violation in putting both elections into one initiative.

Search entire site by keyword...

Search for Summaries by Hashtag...

Past Opinion Summaries