Testimony of League of Women Voters of
New Jersey
on SCR 1 and ACR 116
Assembly Appropriations Committee
June 22, 2000
Judith Cambria, Fiscal Policy Specialist
The League of Women Voters of New Jersey has testified before
three legislative committees on the Congestion Reduction and
Transportation Trust Fund Renewal Act. Each time the League said
that refunding of the Trust Fund was essential for the economic
well-being of New Jersey and its citizens. But we testified that
this legislation is a stop gap measure rather than a viable long
term solution for meeting continuing needs for transportation
infrastructure at a reasonable cost to New Jersey taxpayers. It
continues heavy annual borrowing, which will significantly
increase debt service payments already at $433 million annually.
LWVNJ supported the use of revenues from the Petroleum
Products Gross Revenue Tax for the Trust Fund. But it opposed the
constitutional dedication of $200 million from the Sales and Use
Tax.
It was only on Monday, June 19, that the League realized that
SCR 1 and ACR 116 combined the two constitutional changes into a
single ballot question. We had been monitoring the Legislature's
Internet bill subject site looking for the constitutional
resolutions, but they never were posted -- not even as late as
Wednesday, June 21. The actual bills, picked up from the bill
room on Monday, made us aware of the situation.
Immediately upon learning of the single question for two
constitutional amendments, we asked the following question:
Is one of the fundamental rights of New
Jersey citizens, to vote on amendments to the New Jersey
constitution, violated by the use of a single public question for
two different amendments?
Our answer was yes. The League of Women Voters of New Jersey
believes that citizens must be allowed to vote separately on the
dedication of two different taxes. If a single question is used,
citizens who support dedication of one tax but oppose the other
are effectively prevented from registering that decision. They
have only three choices: not to vote at all; to oppose the
dedication of both taxes; or approve the dedication of both. All
three deny them their constitutional right to make their real
choice known through the ballot box.
By Tuesday, the executive committee of the League Board of
Directors had unanimously voted to take action to protect
citizen's rights. On Wednesday, we hand delivered letters to
Senate President DiFrancesco and Assembly Speaker Collins
requesting that they take action to amend the constitutional
resolution to provide for two questions to appear on the
ballot.
Today, we ask you to move the process forward of breaking the
single question into two. We request that you amend ACR 116 so
that it includes only the dedication of the Petroleum Products
Gross Revenue Tax. And, either vote to or express your support
for using SCR 1, or another new resolution, for the dedication of
the Sales and Use Tax revenue.
LWVNJ hopes that the legislative leadership and members will
make these amendments expeditiously so that both resolutions will
be approved before the summer break assuring the questions are
placed on the ballot. While the League does not support the
approach for funding the Transportation Trust Fund, we believe
that with such wide legislative support the constitutional
amendment questions should be on the ballot so that citizens may
consider their merits, or lack of them, and make their decision
known on election day.
The League wishes to avoid the Judicial system, but it will go
to Court if necessary to protect a fundamental constitutional
right. The solution is simple: split the single question into
two.
