BENEVOLENT ASSOCIATION V. CHRIS CHRISTIE, GOVERNOR OF
THE STATE OF NEW JERSEY
A-2871-09T2/A-2996-09T2/A-2997-09T2 (consolidated)
05-07-10
Paragraph 1 of Executive Order No. 7, 42 N.J.R. 580(b)
(January 20, 2010) ("EO 7"), which seeks to extend "pay-to-play"
restrictions on political campaign contributions to labor
organizations, violates principles of separation of powers under
article III, paragraph 1 of the New Jersey Constitution.
In particular, EO 7's intended treatment of collective
bargaining agreements as "contracts" and labor unions as
"business entities" is fundamentally incompatible with existing
laws and statutes, and thus impermissibly encroaches upon lawmaking
powers delegated by the people to the Legislature under
the 1947 Constitution.
The provision is invalidated, effective July 1, 2010,
without prejudice to the future potential adoption of
appropriate legislation enacting pay-to-play reforms covering
labor organizations, in a manner consistent with or amending, as
necessary, existing laws.
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