Bill > ACR20

Introduced Session

This concurrent resolution proposes to amend the State Constitution to provide the people of New Jersey with the power of direct initiative and referendum to enact and repeal laws governing certain forms of State spending, appropriations and taxation as well as the issuance of long-term public debt. This constitutional amendment provides the people of New Jersey with the ability to directly enact and repeal laws by majority voter approval through State general election public questions in five specific categories. Focused on imposing greater fiscal restraints on State government, the five categories, include: (1) reduction of up to 10 percent of total State appropriations, (2) elimination of specific items of State appropriation, (3) reduction of up to 10 percent of total anticipated State revenue from taxes and all other sources, (4) repeal of any State tax law, and (5) a one year suspension of the issuance of any long-term debt by any State statutory entity which debt was not approved by the voters. Under the provisions of the resolution, the Legislature may negate a direct enactment through a recorded two-thirds majority vote of all members in both Houses within 45 days of voter approval. When mandated by a direct vote of the people, the Governor is authorized to implement the provisions of voter enacted fiscal restraints. A statewide referendum petition will be submitted to the voters if it contains voter signatures in each of at least 14 counties equal to at least 25% of the votes cast for the last gubernatorial election. A limit on the time allowed for collecting the required number of signatures may be established by law, but the limitation cannot be less than one year. A petition proposing a voter enactment directing fiscal restraint may contain more than one such proposed enactment, but it must allow for a separate and distinct public question to be voted on for each such enactment. Before a petition can be submitted to the voters at a general election, it is to be filed with the Secretary of State, who is to have 60 days to determine whether the petition was signed by a sufficient number of registered voters. The Secretary of State is authorized to make a determination on the basis of a sample of the signatures, chosen in accordance with appropriate random sampling techniques. If, on or before the 30th day after the filing, the Secretary of State determines that a sufficient number of signatures have not been obtained, the petition is deemed void and without effect. Otherwise, the petition is deemed eligible for submission to the voters at a general election. This constitutional amendment provides that prior to the submission to the voters of a proposed enactment, any party may seek a declaratory judgment from the New Jersey Supreme Court that the proposed enactment would be invalid under the Constitution or laws of the United States. If a law proposed by initiative or referendum petition and submitted to the people is not approved, or a law whose continuance is the subject of a public question submitted to the people in a referendum is not rejected, then neither that law nor public question, or one to effect the same or substantially the same change, may be submitted to the people for approval or rejection, before the third general election thereafter. The constitutional amendment also provides that no law proposed by an initiative or referendum petition and approved by the people may be subject to the veto power of the Governor. Italso provides that if conflicting laws proposed by the initiative process are approved by the people at the same election, the one receiving the highest number of affirmative votes will be approved.

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Dawn Fantasia (R)*,  Michael Inganamort (R)*, 

Introduced, Referred to Assembly State and Local Government Committee (on 01/09/2024)

Official Document