Guernsey v. Allan

In Guernsey v. Allan, 63 N.J. Super. 270, 164 A.2d 496 (App.Div.1960), the court was presented with an appeal from a summary judgment decision amending an interpretive statement proposed by a charter commission. The proposed language was: A vote of Yes will give Waldwick a modern form of government, with a council of five members elected by the people and a full time, qualified borough manager appointed by the council and accountable to it, and subject to removal by the council. A vote of No will keep the present borough form of government. Id. at 274, 164 A.2d 496. It was alleged that the statement exceeded its interpretive bounds, and was "argumentative" and tended to "'induce the voter to cast an affirmative vote on the question presented.'" Id. The Guernsey court agreed that the statement exceeded its interpretive bounds by implicitly advising the voter to cast an affirmative vote.