UPDATE: Petition Demanding Referendum Be Placed On November Ballot must be Resubmitted

On Friday, a Committee of Petitioners that includes Mayor Jerry Fried filed a letter with the Essex County Clerk asking that he place a referendum on the question of changing the date of municipal elections from May to November on the general election ballot this November.

But then problems were discovered regarding the petition circulated by the mayor and others asking that the referendum be placed on the ballot.

"There was an error in the number of signature required and the committee will need to submit an additional number," said Township Clerk Linda Wanat on Saturday. "I believe they will submit on Monday and then the process must start over according to the Township attorney."

Patch will update this story as we learn more.

The original letter addressed to Essex County Clerk Christopher Durkin reads from the committee said:

"Please be advised that I am the attorney for Jerry Fried, Ivy Fischer, Jed Posnick, Judith Rew, and Mary WanderPolo, the Committee of Petitioners seeking a referendum in Montclair on "An Ordinance Choosing to Hold Municipal Elections on the Day of the General Election in November."

Linda S. Wanat, the Montclair Municipal Clerk, certified that there were sufficient signatures on or about August 23, 2011, pursuant to N.J.S.A. 40:69A-187 and then, in accordance with N.J.S.A. 40:69A-190, submitted the petition "to the municipal council without delay." As of today, the referendum is merely awaiting the expiration of the 20-day period for action by the Montclair Town Council and the 10-day period for my clients to consider withdrawing it before Municipal Clerk Wanat will be required to submit it to you for inclusion on the ballot. N.J.S.A. 40:69A-191. My clients have already decided that they want the referendum to be placed on the November 8, 2011, general election ballot and they intend to formally waive their right to withdraw it immediately upon the expiration of the 20-day period for Town Council action. It therefore appears that this referendum may be submitted to you for placement on the general election ballot as early as the end of next week.

"I am writing because my clients' attention has been drawn to an August 31, 2011, letter that you sent to Municipal Clerk Wanat stating that a "nonbinding referendum question" must be submitted to you by September 2, 2011, in order to be included on the November 8, 2011 ballot. Because that deadline has already passed, there is a concern that when the Montclair referendum on "An Ordinance Choosing to Hold Municipal Elections on the Day of the General Election in November" is sent to you for inclusion on the November ballot that you will reject it for having arrived too late.

"Because my clients' referendum question is a binding one seeking to adopt an ordinance it is, of course, not subject to the time limits set by N.J.S.A. 19:37-1.1, which you cite in your letter and which, as you correctly state in that letter, only apply to nonbinding referendum questions. The relevant deadline for my client's referendum is 40 days before the election, September 28, 2011, in accordance with the requirements of N.J.S. A. 40:69A-192.

"Please confirm that you will place the referendum ... on the November 8, 2011, general election ballot in Montclair as long as it is properly transmitted to your office by Montclair Municipal Clerk Wanat on or before September 28, 2011.

"If you are unable to confirm your agreement with my understanding of the law, then please be advised that my clients have instructed me to file suit seeking a Superior Court order compelling you to place this referendum on the November General Election Ballot and reimbursing their attorneys fees and costs in accordance with N.J.S.A. 10:6-2(e)."

The letter is signed by Attorney Bennet D. Zurofsky.

On Tuesday evening, Township council members sparred over the issue of whether to move the municipal elections.

Over the summer, Fried, as well as Deputy Mayor Kathryn Weller-Demming, Councilor Nick Lewis, and various others, circulated a petition pushing for a referendum that would allow residents to say whether they support a change in dates for local elections.

They say they collected more than 1,160 signatures.

But other members of the Township Council have opposed the move that ultimately could extend the term of the current council by another six months.

Fried has said a November election would draw out more voters and would also save the township about $50,000. Currently, Montclair holds its municipal elections the second week of May.

On Tuesday evening, Baskerville questioned the legality of elected officials circulating a petition.

For more background on the matter, go here.