New Jersey recently became one
of several states to embrace the digital age by allowing
municipalities to post legal notices on their websites rather than
publish them in local newspapers.
Under legislation
(S-4654/A-5878) signed into law by Gov.
Phil Murphy, private parties required to publish legal notices
will also be able to do so via an online news publication,
rather than printed newspaper.
The new public notice law was
the subject of vigorous debate, in large part due to concerns about
balancing modernization with transparency and public access.
Whether the final version strikes the proper balance is still up
for debate.
The Importance of
Public Notices
Public notices are
published notices required by law. They are used by governing
bodies to inform the public about legal actions, public meetings,
proposed regulations, business dealings, requests for proposals,
and other issues that impact the community.
Public notices have a long
history. In medieval Europe, important information was often
announced by ringing church bells or displaying documents on church
doors. The invention of the printing press resulted in a dramatic
shift in how all information was disseminated, including legal
notices. The Oxford Gazette, later renamed the London Gazette, was
the first newspaper to publish public notices.
In Colonial America, public
notices helped spur a revolution and establish a new government. In
1789, the Acts of the First Session of the First Congress mandated
that the Secretary of State publish all bills, orders, resolutions
and congressional votes in at least three publicly available
newspapers. Over time, publishing public notices became a common
legal requirement.
The decline of print newspapers
is currently driving another evolution. With many publications
moving online, public notice requirements have also been forced to
modernize. In New Jersey, the discontinuation of print editions of
the Star-Ledger prompted lawmakers to act. Advance Local, which
owns NJ Advance Media and NJ.com, also ended print publication of
dailies The Times of Trenton and the South Jersey Times, as well as
the weekly Hunterdon County Democrat.
New Jersey’s New Public
Notice Law
New Jersey’s new public notice
law makes several key changes to the requirements for posting
public notices. Starting March 1, 2026, municipalities and other
public entities can publish or advertise legal notices on their
official websites.
Websites must be accessible and
available to the public free of charge, and a direct hyperlink to
legal notices published on the public entity’s official Internet
website must be conspicuously placed on the public entity’s
Internet homepage. A local government unit may, in addition to the
publication on its own website, publish or advertise a legal notice
on an eligible online news publication.
The law also requires the
Secretary of State to establish its own webpage that includes
hyperlinks to the legal notices webpage of each public entity. Each
public entity is required to submit the entity’s hyperlink to the
Secretary of State and provide any updates.
Public entities must provide an
advertisement at least twice a month for each month in 2026 in an
eligible online news publication that states that the complete text
of each legal notice may be obtained or viewed by the public on the
website of the public entity and provides the hyperlink to the
Secretary of State’s directory.
Non-public entities
(corporations, individuals, etc.) required to publish or advertise
legal notices will have to do so on an online news publication that
satisfies certain eligibility requirements set forth in the
law.