ADAM M. FINKEL, ET AL. VS. TOWNSHIP COMMITTEE
OF THE TOWNSHIP OF HOPEWELL, ET AL.
A-0908-13T2
A proposed question on a non-binding local referendum may not be placed on a ballot when the municipality has failed to submit the proposal to the county clerk within 81 days before an election as required by N.J.S.A. 19:37-1, even where the municipality has submitted the proposal within the 65-day deadline separately set forth in N.J.S.A. 19:37-2. Among other things, a governing body's non-compliance with the 81-day deadline in N.J.S.A. 19:37-1 conflicts with the local citizens' interests, as protected by N.J.S.A. 19:37-1.1, in having sufficient time to react to a referendum that has been proposed to be placed on the ballot.
Because the 81-day deadline of N.J.S.A. 19:37-1 was not met here, we declare the referendum at issue untimely and thus invalid. Consequently, we reverse the trial court's order holding to the contrary. Because the election has occurred and the governing body has already acted on the policy question posed by the referendum, we issue no other relief beyond our declaratory ruling.
We also explain why we declined to dismiss the appeal as moot, because the appeal raises a significant issue of interpretation of the election laws and because the tight time frames involved under the statues make the issue one that is "capable of repetition, yet evading review." 12/30/13
