Binetti v. Swenson

Defendant refused to call a special election for the adoption or rejection of the municipal-manager form of government law, as provided by R.S. 40:79-1 et seq., on the ground that the Legislature had not adopted any enabling legislation to provide for absentee voting for those in the military service and, such an election, if held, would be illegal and void and violative of article 2, paragraph 4, of the 1947 Constitution.

Admittedly, a petition requesting such an election, with the signatures of the required number of qualified voters thereon, was filed with the respondent. Respondent refused…