New Jersey judge rules state residency requirement for public employee is unconstitutional

(The Center Square) – A Superior Court judge has ruled a requirement that state employees live in New Jersey is unconstitutional, a move that is likely to force lawmakers in Trenton to revisit a decade-old law.

The ruling, handed down last month, came in the case of a Somerville teacher living in Pennsylvania. According to NJ.com, in 2018, the Somerville Board of Education brought in a private investigator to prove an English teacher of 12 years lived in Newtown, Pennsylvania, with her boyfriend, in violation of the “New Jersey First Act.”

The ruling from Superior Court Judge Thomas Miller only applies to the Somerville case, NJ.com reported, but lawmakers will likely need to decide whether to scrap the law. Former Gov. Chris Christie signed the bill enacting the “New Jersey First Act.”

“It’s been clear for years that the law forcing employees who work for the State, local governments, and public schools to live in New Jersey was flawed for a number of reasons, including those cited by the judge,” Senate Republican Leader Tom Kean, R-Union, said in a news release. “While the ruling appears to apply just to this one individual, it’s likely to lead to other litigation and be cited in other cases. It makes more sense than ever to repeal the residency requirement completely.”

The teacher applied for an exemption to the residency requirement but was declined, according to reports. A previous NJ Advance Media analysis found at least 2,310 public employees in New Jersey applied for and received permission to live outside of the Garden State, bypassing the requirement.

Kean is the sponsor of S-261, a measure that would eliminate the state residency requirement for most public employees. He first introduced the bill in 2015, saying the state should fix the problems that make people want to flee the state.

“We shouldn’t have to depend on artificial barriers to keep workers in New Jersey,” Kean added. “It’s imperative that we address a lack of affordability, high taxes, and excess regulation that continues to drive our residents to other states.”

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