In Matthews v. Atlantic City, 84 N.J. 153, 171, 417 A.2d 1011 (1980), the Court concluded that a two year residency requirement under the Walsh Act for eligibility for the office of city commissioner could not pass Fourteenth Amendment equal protection muster when the State's legitimate purpose for its residency requirement lost meaning when applied to what was then only 40 out of 567 municipalities in the State. The Walsh Act (N.J.S.A. 40:70-1 et seq.) (L. 1911, c. 221), was referred to as the Commission Form of Government. Interestingly, Atlantic City is no longer a Walsh Act municipality, having since adopted the Faulkner Act provisions. The judge noted that because "all types of New Jersey municipalities enjoy the same basic powers and have the same basic responsibilities," Faulkner municipalities, which simply establish a more modern form of municipal government, may not deem certain persons unworthy to hold office while non-Faulkner municipalities permit these same persons to hold office. In Matthews, Justice Sullivan concurred with the result but found no equal protection basis to invalidate the residency requirement. He observed that the electorate of Atlantic City could have voted to adopt a form of government other than that made available by the Walsh Act to avoid the residency requirement for its elected governing body. Since the voters always had the right to change the form of government to eliminate the residency restriction, there was no equal protection problem. 84 N.J. at 174, 417 A.2d 1011.