By SUZANNE MARINO
Staff Writer
MARGATE – New Jersey Superior Court Judge Valerie Armstrong on Monday, April 30 denied a lawsuit fileds by Steven Sinderbrand and Arthur Shanker seeking to strike certain wording from the school referendum question on the May 8 ballot.
In their lawsuit filed April 23, Shanker and Sinderbrand, two Margate residents who are also attorneys, contended that the wording of the referendum was misleading. They sought to strike the words “… and have its annual budget and other spending submitted to the legal voters of the municipality?” from the question.
The attorneys argued that the phrase implied that voters would get to vote on the budget by voting yes to the referendum question, but contended that was not the case because the question did not call for the elimination of the Board of School Estimate, the body that approves the budget in a Type I district.
Armstrong brought all of the parties interested together for a hearing Monday. Included were Margate city clerk Thomas Hiltner, city solicitor Mary Siracusa, resident Doug Donato, who petitioned the city and residents to get the question on the ballot, along with Sinderbrand and Shanker.
Armstrong held that striking the wording from the referendum would have some registered voters voting on one question through the absentee ballots already received, and people at the polls voting on an altered question.
“This court is unaware of any such precedent permitting such a process or any rationale to support such a process,” Armstrong said in her ruling. “Further, the thrust of the petitioners’ argument is that the wording of the public question makes a difference. How can we possibly have some voters voting on a question which is different from the question being voted on by other voters?”
She concluded by saying, “At this point I have confidence that the Margate voters will be able to understand the primary or true issue involved in the public question, namely whether the school board should be changed from appointed to elected. For all of the foregoing, the relief requested by the petitioners is denied.”
Shanker said Armstrong denied the petition because it was so close to the election and might disenfranchise the absentee voters.
Siracusa noted that Atlantic County Superintendent of Schools Dan Loggi, consulted after the hearing, said that if the referendum passes, voters will be able to vote on budgets.
“If the majority votes no, then it is a moot point. If the majority votes yes, then the city commissioners will have to change the city ordinance,” Siracusa said. TOP
