Judge Nixes Montclair School Referendum, Financial Woes Loom On Horizon

MONTCLAIR, NJ — Montclair’s controversial school referendum has been derailed.

On Tuesday, a Superior Court judge cancelled the referendum that was scheduled for Dec. 9, siding with a local resident who filed a lawsuit to stop the election, the New Jersey Globe reported.

The attorney for the Montclair Board of Education said the district will consider its options, but “as of now,” the referendum is off the table, Montclair Local reported.

The Montclair Public School District is facing a looming budget gap that has swelled to nearly $20 million. More than 100 staff members have been laid off or impacted by a “reduction in force” notice due to ongoing financial struggles.

The district also faces the possibility of having a state monitor installed if it needs a bailout from the New Jersey Department of Education.

In an effort to bridge the gap and prevent future financial woes in the district, the Montclair Board of Education approved the creation of a public referendum that was set to go before voters in a special election on Dec. 9.

The board authorized two public questions for Montclair voters. The first question would raise an additional $12.6 million from local taxpayers to cover a shortfall from the 2024-2025 school year. The second question would raise an additional $7.6 million for the 2025-2026 school year, which would result in a permanent increase to the district’s tax levy.

These questions were at the heart of a lawsuit from a Montclair resident, Carl Kraus, who argued that they were confusing and potentially misleading to local voters.

Superior Court Judge Robert Gardner concurred with that stance on Tuesday, saying that the ballot language was “convoluted.”

Some voters in Montclair have already received mail-in ballots for the referendum, NorthJersey.com reported.

Montclair Superintendent Ruth Turner commented on the court ruling, saying that the financial woes behind the referendum haven’t been solved.

“While many in our community invested time and energy into this process — including the more than 1,700 residents who already cast ballots — we respect the court’s ruling and the role of the judicial system to ensure clarity, fairness and transparency in our elections,” Turner said.

“That said, the underlying challenge remains: a multi-million-dollar budget shortfall that threatens essential programs, staffing, and services for our students and families,” she continued.

“The fiscal pressures that prompted the referendum — a one-time ask to cover the deficit and a long-term tax adjustment for future stability — have not gone away,” Turner said. “Above all, we are focused on safeguarding the academic experience and supports that our students deserve. Our common goal is to preserve educational quality without compromising fiscal responsibility.”

A township social media post acknowledged that the election is canceled. There was no information regarding a new date.

A special emergency board meeting will be held on Thursday, Dec. 4 at 6:30 p.m. at the George Inness Annex Atrium, 141 Park Street.

• See Related: Montclair School Board OKs Special Election For Taxpayer Bailout

SECOND LAWSUIT

Another Montclair resident and community advocate, David Herron, has filed a separate lawsuit challenging the referendum. He told TAPinto Montclair that the suit could be heard or he could withdraw it – but he is not in favor of rewording and reissuing the ballot for a postponed vote.

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