Steven Caltabiano v. Gilda Gill
157 A.3d 875
N.J. Super. Ct. App. Div.2017Background
- Salem County voters approved a referendum at the Nov. 2016 General Election to decrease the Board of Chosen Freeholders from seven to five members under N.J.S.A. 40:20-20.
- County Clerk Gilda T. Gill determined the 2017 Primary and General ballots should include five freeholder positions (three for two years, two for four years) and declared all current freeholders’ terms to terminate the first Monday after the 2017 General Election.
- Steven Caltabiano, chairman of the Salem County Democratic Committee, sued seeking (1) a declaration that the Clerk’s transition plan violated statutes protecting existing terms and requiring voter approval to change term lengths/election frequency, and (2) an order requiring only one freeholder seat be placed on the 2017 ballots to reduce the board to five without prematurely cutting terms.
- The trial court upheld the Clerk’s plan and dismissed the complaint. The Appellate Division reversed.
- The appellate court construed Article 2 statutes governing small boards (N.J.S.A. 40:20-20 to -35), distinguishing transitions from old large boards to small boards (which justify wiping prior terms) from adjustments in size between small boards (which do not). The court ordered one seat on the 2017 ballots for a three-year term and left other existing terms intact.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Clerk could terminate all existing freeholder terms immediately after 2017 election when reducing board from seven to five | Caltabiano: statutes prohibit premature termination; only seats expiring in 2017 should end, so reduce by electing one seat in 2017 | Gill: Clerk has discretion to implement transition and law permits ending terms as Clerk proposed | Held: Clerk misread statutes; premature termination of all terms is not authorized; only existing expiring seats are affected (one seat to be placed on 2017 ballot). |
| Whether Clerk could change term lengths (3→4 years) and switch from annual to biennial elections without voter-approved referendum wording | Caltabiano: changing term length/election frequency requires voter-approved referendum language under N.J.S.A. 40:20-20.4 | Gill: argued transition plan could include schedule/term changes (relied on transition provisions) | Held: Changing terms and election cadence requires explicit voter approval; Clerk could not lawfully implement those changes. |
| Proper interpretation of N.J.S.A. 40:20-25 (expiration of terms) and scope of "sections 40:20-20 to 40:20-35" | Caltabiano: §40:20-25 applies to conversion from large to small boards, not to intra-small-board size changes | Gill: relied on §40:20-25 to justify expiration of all terms after the election under §40:20-20 | Held: §40:20-25 pertains to transition from large to small boards; it does not authorize wiping terms when changing the size of an existing small board. |
| Whether the Clerk’s exercise of discretion was reviewable and permissible | Caltabiano: Clerk exceeded statutory authority; discretion must be ‘‘rooted in reason’’ and within legislative standards | Gill: county clerk has broad discretion in election administration | Held: Although clerks have discretion, here the Clerk’s plan was outside the statutory scheme and thus not a reasonable exercise of delegated authority. |
Key Cases Cited
- Reynolds v. Sims, 377 U.S. 533 (established one person, one vote principle cited for historical context)
- Mauk v. Hoffman, 87 N.J. Super. 276 (discussing transition from large to small boards post-Reynolds)
- Manalapan Realty, L.P. v. Twp. Comm. of Manalapan, 140 N.J. 366 (de novo review for statutory interpretation)
- Schundler v. Donovan, 377 N.J. Super. 339 (county clerk authority in election matters)
- Sooy v. Gill, 340 N.J. Super. 401 (standard for reviewing county clerk discretion)