Lawsuit challenges wording of school referendum; Seeks to omit 16 words from ballot question

By SUZANNE MARINO
Staff Writer
MARGATE – A lawsuit was filed Tuesday, April 24 in New Jersey Superior Court challenging the wording of the school district referendum question on the May 8 election ballot.
The question allows voters to choose whether they wish to remain a Type I school district with an appointed board of education or change to a Type II district with an elected board.
The lawsuit was filed by two residents of Margate who are attorneys, Steven Sinderbrand and Arthur Shanker. City clerk Tom Hiltner and city solicitor Mary Siracusa were served with the lawsuit Tuesday. The lawsuit names the Margate city clerk and the Atlantic County clerk as “respondents.”
The question as printed on the ballot reads: “Should the Margate City Board of Education be changed from an appointed board of education (Type I district) to an elected board of education (Type II district) and have its annual budget and other spending submitted to the legal voters of the municipality?”
Shanker contends that the wording is misleading. He said the first part of the question asking voters if the city should move from an appointed to an elected board is fine.
“I have no problem with that wording,” said Shanker. But he questions the choice of the words “and have its annual budget and other spending submitted to the legal voters of the municipality.”
“I have a thing about fundamental fairness,” said Shanker. “I think the way it is worded is misleading. It is saying if you vote this way you get these extras, and that is wrong. It is only fair to say what is correct.”
Citing New Jersey law, Shanker said that unless the Board of School Estimate – the body that reviews and approves the school budget in Margate – is dissolved, it would still be the body that approves the budget even though residents might approve the concept of an elected school board. He explained that because the referendum question does not dissolve that body, he thinks it is unclear to voters what the outcome of the election would mean.
“We only want to strike the words from the referendum question. We do not want to remove the question or change the question at this late date,” said Shanker. He contends that the wording in question could be covered with a sticker in time for the election.
Siracusa said the plaintiff was looking to change the question on the ballot and that it would pertain to absentee and provisional ballots as well.
Hiltner, who as city clerk was charged with writing the ballot question, said that he consulted all the proper authorities when he wrote it more than six weeks ago. In an interview, Hiltner said he went to the superintendent of elections prior to printing the ballots for approval, and that no complaints were made until the petition was filed.
Judge Valerie Armstrong is scheduled to rule on the application 1:30 p.m. Monday, April 30 in Superior Court in Atlantic City.
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