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Bill

ACR 35

Proposes constitutional amendment to require two-thirds majority vote by Legislature for bills proposing a new or increased State tax, fee, surcharge or civil penalty.

2026-2027 Regular Session Introduced by Brian Bergen and 1 co-sponsor

Constitutional amendment requiring two-thirds legislative majority for any new or increased state taxes, fees, surcharges, or penalties in New Jersey.

Introduced, Referred to Assembly Commerce and Economic Development Committee
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Bill Summary · ACR 35

Legislative bill overview

ACR 35 proposes a constitutional amendment requiring the New Jersey Legislature to obtain a two-thirds majority vote before passing any bill that creates a new tax, fee, surcharge, or civil penalty, or increases existing ones. This would fundamentally alter the state's budgetary process by raising the threshold from a simple majority (51 votes in a 120-member Assembly) to a supermajority requirement.

Why is this important

This change would make it significantly harder for the state to raise revenue or implement new penalties, potentially affecting the Legislature's ability to fund programs, services, and infrastructure. It could force difficult choices between spending cuts and finding alternative revenue sources, while also requiring broader consensus on fiscal policy decisions that currently pass with minimal majorities.

Potential points of contention

  • Fiscal rigidity: A two-thirds requirement could lock in spending patterns and prevent responsive adjustments to budget crises, economic downturns, or emerging public needs
  • Partisan leverage: The supermajority threshold gives a disciplined minority significant blocking power, potentially enabling obstruction regardless of broader legislative support
  • Definition ambiguity: Terms like "civil penalty" could be interpreted broadly or narrowly, creating disputes over which revenue measures require the supermajority vote
  • Pressure on alternative funding: The restriction might push lawmakers toward borrowing, redirecting existing funds, or pursuing less transparent revenue mechanisms to circumvent the requirement

Compiled from official sources — confirm details with the bill’s official record.

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