S268

An Act to provide for a State of New Jersey limited constitutional convention to consider the responsibility of the Legislature for the maintenance and support of a thorough and efficient system of free public schools, providing for submission of the question of the convention to the people and for the election of delegates, providing for the submission of the proposals of the convention to the people, and making an appropriation therefor.

Whereas, The New Jersey State Constitution requires the Legislature to provide for the maintenance and support of a thorough and efficient system of free public schools; and

Whereas, Since 1970, the State of New Jersey has been involved in a series of legal challenges which have been based on the assertion that the constitutional requirement has not been met; and

Whereas, On February 13, 1970, Jersey City filed a complaint in the Superior Court of Hudson County on behalf of Kenneth Robinson, which challenged the State's system of educational funding under the "Bateman-Tanzman Act;" and

Whereas, Over the next four years there were six State Supreme Court decisions in regard to Robinson v. Cahill, which invalidated the "Bateman-Tanzman Act" and required the Legislature to adopt a new system of school finance; and

Whereas, The result was enactment of the "Public School Education Act of 1975," also known as Chapter 212, although legislation to fund the statute was not adopted until the State Supreme Court closed the schools and the Legislature responded by approving the first State income tax; and

Whereas, On February 5, 1981, the Education Law Center filed a class action suit in the Superior Court of Mercer County on behalf of 20 children, Abbott v. Burke, which contended that Chapter 212 violated the thorough and efficient clause; and

Whereas, Nine years later on June 5, 1990, the New Jersey Supreme Court unanimously found in favor of the plaintiffs and held that Chapter 212 was unconstitutional as applied to the poorest 28 districts and that the system of school funding was neither thorough nor efficient; and

Whereas, In response to the Abbott decision, the Legislature enacted the "Quality Education Act of 1990," known as the QEA, which provided for a major restructuring of the State's school finance system; and

Whereas, the plaintiffs in the Abbott case filed a motion in the New Jersey Supreme Court on June 12, 1991 asserting that the QEA failed to comply with the court's mandates as outlined in the 1990 decision; and

Whereas, On August 31, 1993, Judge Paul Levy of the Mercer County Superior Court, to which the State Supreme Court had remanded the case, held that the QEA was unconstitutional, and his decision was unanimously confirmed by the State Supreme Court on July 12, 1994; and

Whereas, After 25 years of litigation and legislation spanning five gubernatorial administrations, there remains no resolution of the issue of what constitutes a thorough and efficient system of education; and

Whereas, It is fitting and appropriate to convene a State limited constitutional convention to consider this issue and to propose to the people those revisions to the State Constitution which the convention deems are necessary or desirable; now, therefore

1. A State of New Jersey limited constitutional convention, comprised of delegates elected from the legislative districts, shall, subject to a popular referendum as herein provided, convene at Rutgers, the State University, in New Brunswick on January 6, 1997, at 10 A.M., or as soon thereafter as a quorum shall be present.

2. The constitutional convention shall consider proposals to revise and amend the provisions of the present State Constitution relating to the responsibility of the Legislature to provide for the maintenance and support of a thorough and efficient system of free public schools for the instruction of all the children in the State between the ages of five and 18 years.

3. The constitutional convention shall complete and agree upon its consideration of the revisions and amendments of the present Constitution relating to a thorough and efficient system of free public education on or before April 11, 1997, and shall provide for submission thereof at the general election to be held on November 4, 1997, for approval or rejection by the legal voters, either as a whole

4. The constitutional convention shall consist of 120 delegates, with three delegates elected from each of the 40 legislative districts. Each delegate shall be a legal voter in the legislative district in which the delegate is elected.

5. To determine whether the constitutional convention instructed by the people as herein provided shall be convened, and to elect delegates to the convention if the people vote in favor thereof, a special election shall be held on November 5, 1996, at the same time, at the same places, using the same records and facilities, and by the same officers and employees as conduct the general election on that date. All public officials who perform services in connection with the special election shall serve without additional compensation. The provisions of Title 19 of the Revised Statutes, insofar as they are not inconsistent with the provisions of this act, shall apply to the nomination and election of delegates and to the submission of the questions.

6. Candidates for the office of delegate shall be nominated by petition filed with the Secretary of State, on or before September 12, 1996. Each nominating petition shall be signed by the legally qualified voters of this State who reside within the legislative district in and for which the delegates nominated are to be elected, and the signers of each petition shall number at least 100.

7. Each nominating petition shall set forth the names, places of residence and post-office addresses of the candidate or candidates thereby nominated, that the nomination is for the office of delegate to the State constitutional convention which may be convened on January 6, 1997, and that the petitioners are legally qualified to vote for the candidate or candidates and pledge themselves to support and vote for the persons named in the petition. Every voter signing a nominating petition shall add to his signature, his place of residence, post-office address and street number, if any. No voter shall sign a petition or petitions for a greater number of candidates than are to be elected in the legislative district in which he resides. Signers of petitions need not be members of the political party, if any, in which their nominees are designated, nor shall any member of a political party who signs the nominating petition of a member of another party or of a candidate permitted to use the designation of another political party lose his eligibility to vote in the primary election of the political party of which he is a member.

8. Any nominating petition may designate in not more than three words the political party, group, or principles with which the candidate or candidates therein named shall be identified on the official ballot; provided that no designation or slogan shall include or refer to the name of any person, corporation, association or political party unless the written consent of that person, corporation, association or political party is endorsed upon or annexed to and filed with the petition of nomination of the candidate or group of candidates desiring to use a slogan or designation. Consent to the use of the designation, a name, derivative or any part thereof of any political party by any candidate, whether or not a member of that party, may be given and evidenced by a certified copy of a duly adopted resolution of those members of the county committees of the party who represent those portions of the respective counties which comprise the legislative district for which the nomination is made, and consent may not be given to a greater number of candidates than are to be elected. Consent may be given to any candidate or group of candidates by more than one political party, but the name of any candidate shall not appear on the official ballot more than once.

9. Two or more candidates for nomination as delegate may in their nominating petitions request that their names be grouped and bracketed under a common designation or slogan to be named by them, and that the common designation or slogan shall be printed with their names on the official election ballot. If more than one candidate or group shall select the same slogan or designation, the petition first filed shall be entitled, if it otherwise complies with this act, to the use of that slogan or designation, and the Secretary of State shall so notify all candidates or groups whose petitions are thereafter filed with the same designation or slogan, and the notified candidate or group shall within two days select a new slogan or designation, subject to the consent required by this act.

10. Each nominating petition shall, before it may be filed with the Secretary of State, contain an acceptance of nomination in writing, signed by the candidate or candidates therein nominated, upon or annexed to the petition, or if the same person or persons be named in more than one petition, upon or annexed to one of those petitions. The acceptance shall certify that the candidate is a legally qualified voter in the legislative district for which he is nominated. The acceptance shall also certify that the nominee consents to stand as a candidate at the special election for the election of delegates to a State constitutional convention, and that if elected he agrees to take office and serve as a delegate from the legislative district in which he is nominated.

11. Each nominating petition shall be verified by an oath or affirmation of one or more of the signers thereof, taken and subscribed before a person qualified under the laws of New Jersey to administer an oath, to the effect that the petition was signed by each of the signers thereof in his proper handwriting, the signers are, to the best knowledge and belief of the affiant, legal voters of the legislative district as stated in the petition, and that the petition is prepared and filed in good faith for the sole purpose of endorsing the person or persons named therein in order to secure his or their selection as stated in the petition.

12. All nominating petitions, their acceptances, requests for the use of designations or slogans and certifications shall, when filed, be and remain open for public inspection during regular business hours of the Secretary of State under such reasonable regulation for their proper care and custody as the Secretary of State deems necessary. Objections to petitions, the determination of their validity, recourse to the courts by candidates believing themselves aggrieved, and amendment of defective petitions, shall conform to the provisions of Title 19 of the Revised Statutes relating to petitions directly nominating candidates for public office to be voted for in a general election. Vacancies in nominations which occur for any reason may be filed in the same manner as the original nomination by petition filed with the Secretary of State on or before September, 18, 1996. Nothing in this act, or in Title 19 of the Revised Statutes, shall be construed to authorize or require the county clerk to defer the printing of ballots, or the mailing of military service ballots, beyond the respective dates herein specifically provided.

13. A public question shall be submitted to the people by printing on each official ballot to be used in the general election the following:

If you approve the question as described below, make a cross (x), plus (+), or check () mark in the square opposite the word "Yes."

If you disapprove the question as described below, make a cross (x), plus (+), or check () mark in the square opposite the word "No."

		STATE LIMITED CONSTITUTIONAL CONVENTION
	YES	Do you favor the holding of a State limited constitutional convention which shall consider revisions and amendments of the present Constitution relating to the responsibility of the Legislature to provide for the maintenance and support of a thorough and efficient system of free public schools for the instruction of all the children in the State between the ages of five and 18 years, and which shall prepare for submission to the legal voters at the general election to be held on November 4, 1997, for their adoption or rejection, in whole or in parts, any revisions and amendments of the present Constitution as the convention may deem desirable?
		INTERPRETIVE STATEMENT
	NO	Approval of this question would authorize the convening of a State limited constitutional convention to consider revisions and amendments to the present Constitution relating to the responsibility of the legislature to provide for the maintenance and support of a thorough and efficient system of free public schools. Any revisions and amendments proposed by the convention would be submitted to the legal voters at the 1997 general election. The convention, composed of three delegates elected from each legislative district, would meet at Rutgers, the State University in New Brunswick beginning on January 6, 1997 and conclude on or before April 11, 1997.

There shall also be printed on each official ballot to be used in the general election the following:

Regardless of how you have voted on the State limited constitutional convention, vote below for your choice of delegates to the convention if one is to be held.

14. The Secretary of State, no later than September 20, 1996, shall direct to be delivered to each of the respective county clerks a notice stating the names of the candidates for delegate to the constitutional convention to be elected within each legislative district or districts of which each county comprises a part at the special election to be held throughout the State on November 5, 1996, and it shall be the duty of the Secretary of State and of the several county clerks to arrange for the election of delegates and the submission of the public question in accordance with the provisions of this act and of Title 19 of the Revised Statutes to the extent not inconsistent with this act.

15. The county clerk shall prepare and deliver to the printer a complete copy for the ballots required for the general election on or before September 23, 1996, and shall cause to be mailed the sample ballots on or before October 30, 1996.

16. The result of the votes cast for and against the adoption of the public question shall be returned by the election officers, and a canvass of the election had as is provided by law in the case of the election of a Governor. The votes cast for delegates shall be counted, and the result thereof returned by the election officers, and a canvass of the election had as is provided by law in the case of the election of members to the General Assembly. On or before the first Monday following the election, the board of county canvassers in each county shall complete the canvass of the votes cast in the county on the public question and for the election of delegates and determine the results of the election in the county; and the clerk of the county shall deliver the results to the Secretary of State. Ballots which have been cast, election records, voting machines and ballot boxes shall be disposed of and preserved in the manner provided in Title 19 of the Revised Statutes.

17. On December 3, 1996, the Board of State Canvassers shall complete the canvass of the votes on the public question and for the election of delegates and determine and declare the results of the election on the public question. If a majority of those voting on the question shall vote "for" a constitutional convention, then the convention shall be held as provided in this act and the State canvass of votes cast for delegates shall be completed and the board shall determine and declare the persons elected as delegates. But if a majority of those voting on the question shall vote "against" a constitutional convention, then the convention shall not be held and the canvass of votes cast for delegates and the determination by the State board of the results thereof shall be abandoned. The adoption or rejection of the public question so determined shall be declared in the same manner as the result of an election for Governor, and the Secretary of State shall forthwith certify the result of the election to the Legislature.

18. The Governor shall open the convention and preside at its first session and until permanent officers are selected. So long as the Governor presides, the Governor may cast the deciding vote in the event of a tie. The convention shall be the judge of the qualifications of its members and their election. It shall have the power by the vote of 61 of the delegates to choose a president and secretary and all other appropriate officers, to prescribe their functions, powers and duties, and to make rules and regulations for the conduct of its business. Before entering upon his office, each delegate shall take and subscribe on oath or affirmation, before any person qualified to administer on oath, that he will support the Constitution of the United States and faithfully discharge his duties as delegate.

19. If any delegate from any legislative district shall die, resign, remove from the State or county or otherwise become disqualified from serving, or if a vacancy occurs for any reason whatsoever, the vacancy shall be filled by an appointment made by the remaining delegates or delegate from the legislative district; and, in case there be no delegate therefrom, any and all vacancies then existing shall be filled by appointment made by the governing body of each county in the legislative district.

20. The convention may frame one or more parts of a Constitution relating to the responsibility of the Legislature to provide for the maintenance and support of a thorough and efficient system of free public schools, each to be submitted to the people that they may adopt or reject any part, and if the convention so determines, it may also frame one or more parts to be submitted in the alternative in order that the people may adopt any of the alternatives or reject any or all of them.

21. When the convention by a vote of 61 of the delegates shall have agreed upon its proposals and the manner of their submission, an original and two true copies thereof shall be prepared and signed by the president and secretary of the convention and delivered to the Governor, who shall cause the original copy to be filed in the office of the Secretary of State. A printed copy of the proposed amendments to the Constitution shall be delivered to each member of the Legislature, whether or not it is then in session. The convention shall also cause 100 copies each thereof to be delivered to the Secretary of the Senate and to the Clerk of the General Assembly. The convention shall adjourn sine die, and the delegates shall be discharged from their duties, on or before April 11, 1997.

22. The convention shall frame the question or questions to be placed upon the ballot, submitting to the people for adoption or rejection any proposed amendments to the Constitution or the part or parts agreed upon; and may frame, if it deems it appropriate, an interpretative statement to be placed thereupon or may dispense with a statement, notwithstanding any other requirement of law. The convention shall prepare an address to the people consisting of a summary and an explanation of the proposed amendments to the Constitution or the part or parts agreed upon. The address shall be distributed together with the sample ballots for the general election, and shall be in lieu of any other summary statement which may be required by law. The convention may make directions to officials and others for the submission to the people to the amendments to the Constitution or the part or parts agreed upon and for notice and publication of the same and of the address, and for the distribution of copies thereof to the persons, places and institutions through the office of the Secretary of State or other persons and at the time and in the manner as it shall determine. The convention may direct that its provisions, or any of them, for notice, publication and distribution shall be in lieu of any other provisions of law relating to public questions.

23. The question or questions shall be submitted to the people at the general election to be held in the year 1997. The ballots shall be counted, and the results thereof determined, in accordance with the provisions of Title 19 of the Revised Statutes for the submission to the people of public questions to be voted upon by the voters of the entire State, except as those provisions are inconsistent with this act or the directions of the convention.

24. The convention may require the submission of the question or questions which it may frame, either with the use of voting machines or with paper ballots, either separate from or as part of the general election ballot, or with the use of voting machines, where available, and paper ballots elsewhere, as provided in Title 19; provided that all persons qualified to vote in the general election shall be entitled to vote on the questions to be submitted.

25. If one or more parts of a Constitution are submitted to the people and a majority of all votes cast for and against the adoption of any part shall be in favor of its adoption, then each part so approved shall become a part of the Constitution of the this State, taking effect according to its terms. The Secretary of State shall certify the results of the election to the Governor and the Governor shall thereupon issue a proclamation which shall contain the Constitution of the State as so revised.

26. The convention may also make specific recommendations to be considered legislatively by the Governor, Senate and General Assembly. All recommendations adopted by the convention shall be placed promptly before the State Legislature for review and consideration in the form in which they were adopted by the convention. It is the stated policy and intention of the Legislature that any recommendations adopted by the convention will be reviewed by the Legislature and disposed of by vote of the representative Houses after opportunity for due deliberation and debate no later than July 1, 1997.

27. The convention shall have power to incur necessary expenses in order to exercise the powers conferred and to perform the duties imposed by this act, and the Legislature shall appropriate necessary sums for printing, advertising and publication, for compensation of the clerical, technical and professional personnel that the convention shall require, and for the other expenses of the convention, the same to be disbursed by the Treasurer of this State upon vouchers or warrants to be signed by the president and the secretary of the convention. Delegates to the convention shall be entitled to be reimbursed for their necessary expenses for each day the convention is in session, but shall receive no compensation for their services.

28. All procedural requirements of this act, all provisions and requirements of Title 19 of the Revised Statutes made applicable hereunder, and all directions of the convention as to the manner of the submission to the people of the Constitution or of a part or parts agreed upon, shall be directory only, and failure to comply or faulty compliance therewith shall not in any manner prevent the submission thereof; except that nothing shall authorize the submission of any constitution or part thereof in violation of section 2 of this act.

29. In order that the costs to be incurred in the several counties in connection with the conduct of the election of delegates to the constitutional convention to be held pursuant to this act may be provided from State funds, the Secretary of State shall ascertain the costs to be so incurred by the several counties for the printing of sample and official ballots, compensation of election officials and all other expenses incident to the election of delegates to the constitutional convention, over and above the costs incurred incident to the general election to be held on the same date for inclusion in a supplement to the appropriations act for the expenses of the State Government for the fiscal year commencing July 1, 1996.

30. The State House Commission shall make necessary advance arrangements for the holding of the constitutional convention for services and facilities of any State department, officer or agency as it deems appropriate and as may be available in connection therewith and as the convention may require.

31. There is appropriated from the General Fund the amount of $200,000 for the purposes of this act.

This bill provides for a State limited constitutional convention composed of 120 delegates for the purpose of considering proposals to revise and amend the provisions of the present State Constitution relating to the responsibility of the Legislature to provide for the maintenance and support of a thorough and efficient system of free public schools. The bill also includes provisions for the question of the convention to be submitted to the people and for the election of three delegates from each legislative district at the general election to be held on November 5, 1996. If the question of the convention is approved, the convention would convene at Rutgers, the State University in New Brunswick on January 6, 1997, and conclude its work on or before April 11, 1997. Any revisions and amendments to the present Constitution which are agreed upon by the convention would be submitted to the people at the general election to be held on November 4, 1997.

Provides for State limited constitutional convention to consider revision of the Constitution relating to the maintenance and support of a thorough and efficient system of free public schools; appropriates $200,000.