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An Act concerning nonpartisan municipal elections, amending various parts of the statutory law, and supplementing P.L.1981, c.379 (C.40:45-5 et seq.).

Be It Enacted by the Senate and General Assembly of the State of New Jersey:

1. (New section) Any municipality governed by the provisions of the "Uniform Nonpartisan Elections Law," P.L.1981, c.379 (C.40:45-5 et seq.) ¹with a population between 17,500 and 26,000 in a county of the second class or a population of 10,000 or fewer in any county, according to the latest federal decennial census for New Jersey,¹ may, by ordinance, choose to hold regular municipal elections on the Tuesday after the first Monday in November. ¹The term of a person in office on the date of the adoption of such an ordinance shall be extended until the beginning of the term of the person elected to that office on the appropriate Tuesday after the first Monday in November.¹

2. Section 2 of P.L.1981, c.379 (C.40:45-6) is amended to read as follows:

2. This act shall govern all municipalities having adopted a plan or form of government, or a charter, which provides for the election of municipal officers at regular municipal elections held on the second Tuesday in May, or the Tuesday after the first Monday in November, as chosen by the municipality, including municipalities holding regular municipal elections under the "Optional Municipal Charter Law," P.L.1950, c.210 (C.40:69A-1 et seq.), under the "commission form of government law" (R.S.40:70-1 et seq.), under the "municipal manager form of government law" N.J.S.40A:63-8, under the "village form of government" (R.S.40:157-16 et seq.), or under any plan or form of government, or charter, hereafter authorized which provides for the holding of regular municipal elections at that time. This act shall govern these municipalities only with respect to the time, manner and method of election of municipal officers. The officers to be elected, and their number, the length of their terms of office, and their powers and responsibilities shall be determined by the laws authorizing the plan or form of government, or charter, which the municipalities have adopted.

(cf: P.L.1995, c.97. s.1)

3. Section 3 of P.L.1981, c.379 (C.40:45-7) is amended to read as follows:

3. Except as may otherwise be provided by law for initial elections conducted in a municipality following its adoption of a plan or form of government, or a charter or an amendment thereto, regular municipal elections shall be held in each municipality governed by this act on the second Tuesday in May or the Tuesday after the first Monday in November, as chosen by the municipality, in the years in which municipal officers are to be elected. The municipal election shall be held at the same place or places and conducted in the same manner, so far as possible, as the general election. The election officers shall be those provided for conducting the general election.

(cf: P.L.1981, c.379, s.3)

4. Section 11 of P.L.1981, c.379 (C.40:45-15) is amended to read as follows:

11. [The] In the case of a regular municipal election occurring on the second Tuesday in May, the municipal clerk shall cause the ballots to be printed and authenticated by [his] the clerk's signature. Upon the ballots shall be printed the title of each office to be filled. Under each of the titles of office shall be printed the names of the candidates for each office with a square to the left of each name. Below the names of the candidates for each office the words "vote for (insert number of positions to be filled at the election)." The ballot shall be printed upon plain, substantial white paper, and shall be substantially in the following form:

"Municipal election of (insert name of municipality), county of (insert name of county), held (insert the date of the election). To vote for any person make a cross ( x ) or plus (+) or a check ( X ) mark in the square preceding the name. Vote for only as many persons as there are officers to be elected. If you wrongly mark the ballot, tear or deface it and return it to election officer and obtain a new ballot."

Blank spaces equal to the number of offices to be filled shall be left below the printed names of the candidates for each office to be voted, wherein the voter may write the name or names of any person or persons for whom he or she may wish to vote.

The municipal clerk shall deliver ballots to the election officials at each polling place equal in number to 110% of the number of registered voters in each election district, except that where voting machines are used ballots shall be furnished as otherwise provided by law.

In the case of a regular municipal election occurring on the Tuesday after the first Monday in November, ballots shall be furnished as otherwise provided by law.

(cf: P.L.1981, c.379, s.11)

5. Section 150 of P.L.1950, c.210 (C.40:69A-150) is amended to read as follows:

150. Regular municipal elections shall be held in each municipality on the second Tuesday in May, or on the Tuesday after the first Monday in November, in the years in which municipal officers are to be elected, where the election of such officers is [not provided to be at the general election. Regular municipal elections shall] to be conducted pursuant to the "Uniform Nonpartisan Elections Law,"

P.L.1981, c.379 (C.40:45-5 et seq.).

(cf: P.L.1981, c.379, s.30)

6. R.S.40:70-2 is amended to read as follows:

40:70-2. As used in chapters 70 to 76 of this Title (R.S.40:70-1 et seq.):

"General election" means the annual election held on the first Tuesday after the first Monday in November.

"Regular municipal election" means the election held pursuant to R.S.40:75-2 on the second Tuesday in May or on the first Tuesday after the first Monday in November in any year in which such an election is required.

"Electors" mean such citizens of the municipality as were registered as voters at the last general election or regular municipal election, whichever occurred last in the municipality.

"Voters" mean such citizens of the municipality as were registered as voters at the last general election or regular municipal election, whichever occurred last in the municipality, and also those citizens who may register in time to vote at the special election.

"Municipal clerk" means the officer acting under the provisions hereof as the clerk of the municipality.

"Agent" or "agents" mean a person or persons designated in a petition to file the petition and to act on behalf of the petitioners.

"Municipality" means any city, town, township, borough, village or other municipality which has heretofore adopted the provisions of the act entitled "An act relating to, regulating and providing for the government of cities, towns, townships, boroughs, villages and municipalities governed by boards of commissioners or improvement commissioners in this State" (title as amended), approved April 25, 1911, or which shall hereafter adopt the provisions of said chapters 70 to 76 of this Title.

"Majority of ballots cast" means more than one-half of the total number of valid ballots cast at such election.

(cf: P.L.1982, c.145, s.7)

7. R.S.40:75-2 is amended to read as follows:

40:75-2. a. On the second Tuesday in May in every fourth year thereafter, except as provided in subsection b. of this section, there shall be elected at a regular municipal election held pursuant to the "Uniform Nonpartisan Elections Law," P.L.1981, c.379 (C.40:45-5 et seq.), the number of persons as hereinbefore provided as commissioners to serve for the term of 4 years and until their successors shall have been elected and duly qualified. The term of office of all succeeding commissioners shall commence at twelve o'clock noon on the third Tuesday of May next ensuing their election.

b. On the Tuesday after the first Monday in November, in each municipality that has passed an ordinance pursuant to section 1 of P.L. , c. (C. ) (now pending before the Legislature as this bill), there shall be elected at a regular municipal election held pursuant to the "Uniform Nonpartisan Elections Law," P.L.1981, c.379 (C.40:45-5 et seq.), the number of persons as hereinbefore provided as commissioners to serve for the term of 4 years and until their successors shall have been elected and duly qualified. The term of office of all succeeding commissioners shall commence at twelve o'clock noon on the Tuesday after the second Monday in November next ensuing their election.

(cf: P.L.1983, c.183, s.2)

8. This act shall take effect immediately.