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The League of Women Voters
of New Jersey

a nonprofit, nonpartisan organization whose purpose is to promote political responsibility
through informed and active participation in government

 

NEWS RELEASE

July 10, 2000

Contact: Sandra Matsen, President

Judith Cambria, Fiscal Policy Director

 

LWVNJ Challenges Ballot Question Giving Voters ONE Question for TWO Amendments

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 on the November ballot?

Believing that citizens must be allowed to vote separately on the constitutional dedication of tax revenues from two different taxes, the League of Women Voters of New Jersey (LWVNJ) requested Senate President DiFrancesco and Assembly Speaker Collins amend the present resolution (SCR 1 and ACR 116). The League seeks to have the legislature pass two constitutional resolutions: one to dedicate the Petroleum Gross Products Tax and a separate one to dedicate a portion of the revenue from the Sales Tax to the Transportation Trust Fund. At present, both are included in a single ballot question to be voted on by New Jersey citizens in the November election.

LWVNJ brought its request directly to legislators on Thursday. It asked the Assembly Appropriations Committee to amend ACR 116 to limit that resolution and ballot question to the Petroleum Products Gross Tax, and to either amend or support amendment of SCR 1 for dedication of the Sales and Use Tax revenue.

The League pointed out that citizens who support dedication of one tax but oppose the other are effectively prevented from making their voice heard when the two issues are presented in a single question. "These citizens would have three choices: not to vote on the question; to oppose the dedication of both taxes; or approve the dedication of both. All three choices deny citizens their constitutional right to a vote which reflects their decision on the constitutional dedication of each revenue source," said Sandra Matsen, President of the League.

The League noted that this is not an academic question. The League has testified before three other legislative committees that it supports the use of the Petroleum Products Gross Tax for highway and mass transit projects funded through the Trust Fund. However, it opposes the constitutional dedication of revenue from the Sales Tax for that purpose.

The League asked for the cooperation of both legislative leaders to avoid a court case challenging the present dual question. While the League does not support the approach put forward by the Legislature, President Matsen wrote: "The League does not want to see the Legislature's widely supported program for renewing the Transportation Fund....derailed by going to court and perhaps missing the deadline for getting the issues on the ballot. .... We want the citizens of New Jersey to be able to consider its merits, or lack of them, and exercise their right to vote on these constitutional amendments to make their decision known."

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Testimony, SCR 1 and ACR 116, Assembly Appropriations Committee (6/22/00)

Transportation Trust Fund Reauthorization, S.16--letter (6/7/00)

Testimony on Transportation Trust Fund Renewal Act, S.16 (5/4/00 and 5/11/00)

Transportation Funding Bill article (4/00)  




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