With a couple of high profile races in South Jersey, it’s easy for ballot issues to get lose in the shuffle. Luckily, NewsWorks did a few dives into what New Jersians will see on their ballots. Both of these articles are worth a full read, because they are neither intuitive, or clear calls based upon ideology. 

On the issue of bail reform, the ACLU finds itself in the odd position of arguing to “eliminate the constitutional right to bail for some offenses.” But, of course, it’s more complicated than just that, because the bail rules need to change in order to ensure the implementation of a bill designed to help those needing bail: 

The New Jersey American Civil Liberties Union, a group which normally advocates for the rights of all — including the accused — is strongly supporting the ballot question, saying its passage is needed to implement a bill signed by Gov. Chris Christie that guarantees all those accused the right to a speedy trial and to release without having to post bail.

But the state’s criminal defense lawyers say there was no need to tie the two issues together. They fear the question will pass overwhelmingly, some people will wrongly be denied bail and the state will not pony up the tens of millions of dollars needed to properly monitor all those who may be released.

“You can solve that problem (releasing indigent low-level offenders without bail) without having to take away the right to bail guaranteed by the constitution,” said Darren Gelber, immediate past president of the Association of Criminal Defense Lawyers of New Jersey. “We fear the Legislature is never going to properly fund this proposed system of pretrial release.”

Read the whole thing. 

The “Open-Space” ballot question faces equally confusing options. On one side, Americans for Prospertiy (a far-right, Koch brothers funded enterprise) and the Department of Environmental Protection (DEP) oppose the bill: 

The DEP’s opposition mirrors opposition from a frequent critic of the agency. Americans for Prosperity, a group funded by the Koch brothers, also opposes the ballot question, although for far different reasons. The Kochs fund a range of groups that oppose measures intended to reduce climate change and promote renewable energy.

The open-space legislation aims to provide money for a program that is virtually bankrupt, yet historically backed by voters. But for all that, it is opposed by some environmentalists.

They agree with the DEP’s assertions that the measure would divert needed funds from environmental programs currently funded by the corporate business tax, including hazardous site cleanups, monitoring water quality in the ocean and other waterways, and keeping tabs on water supply in aquifers to prepare for drought.

But conservationists argue that the choice is a false one, and the program is important: 

Backers of the measure concede the ballot question could cause pain in the short term, but would benefit those environmental programs now being funded by the tax in the long term.

“While programs will be pinched in the short run, they will grow in the future,’’ Gilbert predicted. He added that corporate business taxes are not the only way to fund these programs, a view held by other advocates of the open-space ballot question.

Jeff Tittel, director of the New Jersey Sierra Club and a supporter of the ballot question, conceded that the measure is not perfect, but argued critics of the proposal are giving the governor additional excuses to raid the DEP’s existing funds to balance repeated shortfalls in the state budget.

“DEP has plenty of money, but it keeps being diverted to balance the budget,’’ Tittel said, citing diversion of $140 million from the dioxin cleanup of the Passaic River, which included recycling and other efforts.

Read the whole thing.

 

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