New Brunswick voters will only see one referendum question asking to change the city council format on November’s ballot after an appeals court upheld a lower court’s ruling in favor of local grass-roots organization Empower Our Neighborhoods.
Judges Dorothea Wefing, Carmen Messano and Laura LeWinn of the Appellate Division of the Superior Court of New Jersey unanimously upheld Middlesex County Superior Court Judge James Hurley’s Sept. 18 decision, invalidating the City’s approval of another community group’s — Unite New Brunswick — petition to add a second charter-change question in addition to EON’s on the ballot.
Now voters can either vote for EON’s proposition of a hybrid, ward-based council or to keep the current five-member, at-large council.
“This period of distraction is over now,” EON spokesman Charlie Kratovil said. “People can finally have a fair debate about whether or not wards are better for the city.”
City spokesman Bill Bray said the city is dissatisfied with the judges’ ruling.
“The city is reviewing the judges’ ruling, which obviously came in late today, and we are disappointed,” he said. “We’re confident that our reading of the law was correct. Unfortunately, the courts have disagreed.”
While the city could appeal the decision to the state supreme court, Bray would not comment on whether the city would take this action.
The ballots for November are to be printed this week.
EON filed the lawsuit when City Clerk Dan Torrisi approved UNB’s petition asking voters to expand the five-member, at-large city council to seven members at-large.
But EON claimed this act was illegal, as state law said two questions could not be placed on the same election ballot by two different petitions. Hurley had already mandated that EON’s question be placed on the ballot in a previous decision in August.
Although Hurley ruled in favor of EON last week, the city appealed and subsequently lost.
UNB member Glenn Fleming said it is unfortunate the voters would not be able to have more choices for their government come November.
“A lot of people did want change, just not that type of change,” Fleming said. “We don’t feel like we lost, but the people of New Brunswick lost.”
He said yesterday’s decision is still new for the group, but they will still work for their cause of expanding the at-large council.
“We’re still going to do whatever we can, even if we have to get it on the ballot next year,” Fleming said.
Every day EON members canvass the streets and most believe wards are the best way to govern New Brunswick, Kratovil said.
“I’m really excited about finally getting to be able to have a fair election on this,” he said.
EON President Martha Guarnieri said she is happy the appellate judges ruled with Hurley.
“I think that people in New Brunswick want wards, and now they get an honest shot at having them,” she said.
Guarnieri said she is looking forward to November’s election, as it will incorporate the masses.
“Now the real battle begins,” she said.
Court upholds decision for one ballot question
Published: Wednesday, September 23, 2009
Updated: Wednesday, September 23, 2009 22:09
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