New Jersey Attorney General Opinions
Free plain-English summaries of attorney general opinions issued in New Jersey, with full citations and the original source on every page.
Can New Jersey contribute the entire state lottery enterprise to certain state pension funds for 30 years to help close the pension funding gap, without violating the state constitution?
Yes, in the Attorney General's view. As long as the State continues to operate and control the lottery (the Division of the State Lottery keeps running it, the State Lottery Commission keeps regulatin…
When a New Jersey state employee fills out the executive-branch financial disclosure form, do they have to list personal gifts from friends and family, or only gifts that are really compensation for some service?
Only gifts that are essentially compensation, such as honoraria-style gratuities tied to services rendered. Birthday presents and personal gifts from family and friends, which are not income, do not h…
Did this 2014 New Jersey AG directive ever take effect, and what does it mean for legal sports betting in New Jersey today?
It was issued on September 8, 2014, but became moot just five weeks later when Senate Bill 2460 (signed October 17, 2014) repealed the Sports Wagering Act in its entirety. The strategy embodied here, …
If a same-sex couple married in Massachusetts or entered a civil union in Vermont, would New Jersey recognize that relationship in 2007?
AG Rabner concluded in February 2007 that New Jersey would recognize out-of-state same-sex relationships, but would translate them into New Jersey's own categories: relationships providing all the rig…
Can New Jersey legally base your property tax credit on how much money you make, or does the State Constitution require all homeowners to be treated the same regardless of income?
New Jersey can base homestead property tax credits on income. The Homestead Credit Clause (N.J. Const. art. VIII, § 1, ¶ 5) gives the Legislature broad discretion to set credit rates and limits 'as ma…
Can a New Jersey judge or town clerk who performs marriages refuse to perform civil unions, and can a priest, rabbi, or imam refuse based on religious beliefs?
AG Rabner concluded in January 2007 that public officials who chose to perform marriages had to perform civil unions on the same terms (refusing was discriminatory under the Law Against Discrimination…
When a New Jersey town council, school board, or other public body goes into closed (executive) session, do they have to take minutes of what was discussed?
Yes. The Open Public Meetings Act requires reasonably comprehensible minutes of 'all' meetings, and that includes closed/executive sessions, not just the public portions. The minutes don't have to be …
Now that Congress has restored the public-safety exception to the federal Age Discrimination in Employment Act, can New Jersey again enforce the statutes that bar people over 35 from being hired as police officers or firefighters and require retirement at age 65?
Yes. The age 35 hiring caps and the mandatory retirement age for police officers and firefighters are once again enforceable as a matter of both federal and state law. Officers and firefighters lawful…
When a New Jersey city council, board, or state commission has empty seats, do you count those vacant seats when figuring out whether you have a quorum to hold a meeting?
It depends on how the enabling statute is worded. If the statute sets a specific number ('5 directors of a 9-member board') or says quorum is 'a majority of all the members' / 'all the authorized memb…
If I'm homeless in New Jersey and don't have a permanent address, can I register to vote, and what address do I put on the form?
Yes. Being homeless is not a basis to deny voter registration in New Jersey, as long as you meet the age and residency requirements (citizen, 18+, lived in the state, county, and district for 30 days)…
When can the New Jersey Local Finance Board let a town spend more than the Cap Law allows in a given year?
Only when something genuinely unusual and unforeseeable has driven up the cost of a service that is essential to public health, safety, or welfare. The Local Finance Board cannot grant a Cap Law excep…
If a developer started a New Jersey project before the Freshwater Wetlands Protection Act took effect, is the project exempt from the new state wetlands rules, and how is that exemption defined?
Yes, but the exemption is mechanical and tied to specific paperwork. A project is exempt if it received preliminary subdivision or site plan approval under the Municipal Land Use Law before July 1, 19…
Can a New Jersey county or town put a non-binding referendum on the ballot asking voters what they think about state tax law or state spending?
No. Counties and municipalities can only put non-binding referenda on their ballots about matters they themselves have authority to act on. State tax policy and state appropriations are committed to t…
Can a New Jersey county pay for a court-ordered jail improvement using a 'special emergency appropriation' (and three-year notes) instead of putting the cost in its annual budget?
No, when the county already knew about the obligation at budget-writing time. The Director of Local Government Services must reject a final county budget that leaves out a known, foreseen liability an…
If a New Jersey worker is fired or refused a job because of a drug addiction, are they protected by the state's anti-discrimination law? What if they're using illegal drugs right now versus in recovery?
It depends on illegal drug use. The Law Against Discrimination protects 'handicapped' people, and addiction can qualify as a handicap. But the Attorney General concluded that the protection does NOT e…
When New Jersey passed its 1985 law requiring the state pension funds to divest from companies doing business in South Africa, which companies and which funds were actually covered, and how was the Division of Investment supposed to apply the law in practice?
A company is 'engaged in business with or in South Africa' only if it has a physical presence there (offices, plants, factories) or operates there through controlled subsidiaries or affiliates; mere t…
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Attorney general opinions in New Jersey are written by the New Jersey Attorney General's office in response to questions from state agencies, legislators, and prosecutors. They are not binding like court decisions, but courts and agencies treat them as persuasive guidance on how state law applies. Every opinion above has a plain-English question and short answer, plus a link to the full original text.