A Montclair resident has filed a lawsuit in Essex County Superior Court seeking to stop the township’s upcoming March 10 special school election.
The Verified Complaint (read here), filed February 19, 2026 CivilCaseJacket, names the Montclair Board of Education and the Essex County Board of Elections as defendants. The plaintiff argues that the district’s decision to hold a second special referendum this school year violates New Jersey law and that the ballot questions themselves are flawed.
The Background: A Failed December Referendum
On December 9, 2025, the district held a special election to address what it described as a $19 million budget deficit. That referendum failed.
According to the complaint, the Board of Education voted on January 5, 2026 to schedule another special bond referendum election for March 10 CivilCaseJacket.
The plaintiff argues that state law limits districts to one special election per school year and contends that the December vote should count toward that limit.
Allegations in the Complaint
The lawsuit advances three primary claims:
1. A Second Special Election Is Prohibited
The complaint asserts that holding another special election this school year violates N.J.S.A. 18A:7F-39, which limits the number of special school elections CivilCaseJacket. The plaintiff argues that because the December election was scheduled, conducted, and paid for, it qualifies as the district’s permitted special election.
2. Improper Electioneering
The complaint further alleges that district personnel used school resources to advocate for a “YES” vote in connection with the referendum. It claims that letters were sent to parents using district email systems and that school facilities and resources were used in ways that constitute prohibited electioneering under state law CivilCaseJacket.
The filing references New Jersey statutes that prohibit the use of public resources to advocate for a specific outcome in a public election.
3. Ballot Questions Are Flawed
The lawsuit also challenges the language of the March 10 ballot questions. It alleges that the questions fail to clearly state the financial impact on taxpayers and do not adequately explain the consequences of a “YES” or “NO” vote CivilCaseJacket.
The complaint argues that voters are not being fully informed about the tax implications and that the board improperly combined resolutions in a way that prevented separate votes on each question.
What the Plaintiff Is Seeking
The plaintiff is asking the court to:
- Invalidate the March 10 referendum
- Direct the Essex County Board of Elections not to count ballots
- Prohibit certification of any results
- Declare the ballot questions null and void CivilCaseJacket
What Happens Next
The case will now proceed through the Superior Court in Essex County. It is unclear whether the court will rule before March 10 or whether the election will proceed while the matter is litigated.
The lawsuit adds another layer of complexity to an already tense budget season in Montclair, as district leaders continue to seek solutions to close the deficit and voters prepare to decide whether to approve additional tax increases.
We will continue to follow developments in the case and provide updates as more information becomes available.
