NJ Civil Service Navigator

N.J.S.A. 11A:9-4 Refusal to comply

If the clerk refuses or neglects to comply with the provisions of N.J.S. 11A:9-2 and N.J.S. 11A:9-3, a registered voter of the political subdivision o…

Title 11A · Chapter 9. Political Subdivisions

In plain language

A clerk who will not put the question on the ballot can be made to. Any registered voter of the subdivision, or the commissioner, may apply to a Superior Court judge in the county for an order compelling submission, and the judge hears it summarily rather than on a full trial calendar. If the petition is in accordance with law, the order issues. Then the teeth: a clerk who fails to comply with that order, and any public official or employee who interferes with or prevents the clerk from complying, is guilty of a crime of the fourth degree.

Written by the NJ Civil Service Navigator editorial team from the text of this section. The statute itself is below, unabridged.

Current through the close of the 221st Legislature (L. 2025, c. 346). What that means

Enacted by L. 1986, c. 112, effective September 25, 1986. Never amended since.

A New Jersey statute changes only when the Legislature amends it, so a section untouched since its last amendment is settled rather than out of date.

Reviewed as of July 28, 2026. Official text: njleg.state.nj.us.

If the clerk refuses or neglects to comply with the provisions of N.J.S. 11A:9-2 and N.J.S. 11A:9-3, a registered voter of the political subdivision or the commissioner may apply to a judge of the Superior Court in the county in which the political subdivision is located for an order directing and compelling the submission of the question involved in the petition. The judge shall hear the matter summarily. If the judge finds and determines that the petition is in accordance with law, an appropriate order shall be issued. Any clerk failing to comply with the order of the court, or any public official, officer, agent or employee interfering with, or preventing, such clerk from satisfying such order, shall be guilty of a crime of the fourth degree.

Legislative history

Session laws, newest first

  1. L. 1986, c. 112Enacted
    effective September 25, 1986

Sections this one refers to