Lawsuit Aims to Block Montclair School Tax Vote Redo

Another school referendum in Montclair has prompted another lawsuit demanding the court stop the vote.

Published on Feb. 21, 2026

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Local activist David Herron has filed a new lawsuit aiming to block the March 10 school referendum in Montclair, New Jersey. Herron claims the Montclair Public Schools used its legally-allowable one school referendum a year with the canceled Dec. 9 vote, and that the district engaged in impermissible electioneering and the March 10 ballot questions do not 'fully inform voters.' The 33-page complaint names both the school district and the Essex County Board of Elections.

Why it matters

This is the second legal challenge against the referendum after Herron filed a previous lawsuit seeking to invalidate the Dec. 9 ballot questions. The December vote was canceled by a state court judge who ruled the ballot questions did not pass legal muster. The new lawsuit comes with ballots already mailed and less than three weeks before the new election date.

The details

Herron claims the district used its legally allowable one school referendum a year when it paid for the Dec. 9 vote, which was canceled. He also claims the district engaged in impermissible electioneering when principals sent letters to parents around Oct. 12, 2025 informing them of the decision to seek taxpayer funds to offset the deficit, and that Superintendent Ruth B. Turner privately met with parents of school children to sway the vote. Herron further claims the March 10 ballot questions do not 'fully inform voters' and that the use of 'shall' in both questions is confusing.

  • The Dec. 9, 2025 referendum was canceled by a state court judge.
  • The new election is scheduled for March 10, 2026.

The players

David Herron

A local activist who has filed a new lawsuit aiming to block the March 10 school referendum in Montclair.

Montclair Public Schools

The school district that is named in the lawsuit filed by Herron.

Essex County Board of Elections

The county board of elections that is also named in the lawsuit filed by Herron.

Ruth B. Turner

The superintendent of Montclair Public Schools who Herron claims engaged in private meetings with parents to sway the vote.

Lester Taylor

The attorney for the Montclair Board of Education who did not comment on Herron's new claims.

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What they’re saying

“At this time, I am not aware of any complaint being filed nor am I aware of whether the district was even served with the complaint yet.”

— Lester Taylor, Attorney for the Montclair Board of Education (Montclair Local)

What’s next

The case has been assigned to Superior Court Judge Jennifer Critchley in Essex County.

The takeaway

This lawsuit highlights the ongoing legal battles surrounding school referendums in Montclair, with concerns raised about the district's actions and the clarity of the ballot questions. The outcome of this case could have significant implications for the upcoming March 10 vote and the future of school funding in the community.