A4822

An Act establishing the position of acting superintendent of elections and amending R.S.19:32-1 and P.L.1947, c.167

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

1. R.S.19:32-1 is amended to read as follows:

19:32-1. The office of superintendent of elections in counties of the first class in which such office has previously been established is continued, and in those counties of the first class in which such office has not been previously established, is established. The offices shall be filled by some suitable persons who shall be nominated by the Governor with the advice and consent of the Senate and who shall hold office for the term of five years from the date of appointment [and] . At the conclusion of a five year term, the Governor shall appoint a superintendent of elections who shall serve in an acting capacity until [their successors are] the successor of the person whose term has expired is appointed and [have] qualified. Each superintendent shall receive such salary per annum as the governing body of such county may by resolution authorize, but not less than $7,500, to be paid by the county treasurer. The persons so appointed shall have their offices in the counties for which they are appointed. Vacancies shall be filled in the same manner as original appointments, but shall be for the unexpired terms only. Any person filling a vacancy shall be from the same party as the original appointee. The annual salary of each deputy superintendent shall be 90% of what the superintendent receives for performing the duties of superintendent of elections and commissioner of registration.

(cf: P.L.1998, c.91, s.1)

2. Section 1 of P.L.1947, c.167 (C.19:32-26) is amended to read as follows:

1. In any county of the second class and in any county of the fifth class, the governing body may establish, by ordinance or resolution, as appropriate, the office of superintendent of elections for the county, and said office when once established may be altered or abolished in accordance with the provisions of P.L.2018, c.163 (C.19:32-54 et al.).

The governing body shall file a certified copy of such ordinance or resolution, attested by the chief elected executive officer or director of the board of freeholders, if appropriate and clerk of the board, in the office of the Secretary of State within 10 days after adoption, and the ordinance or resolution shall take effect at the expiration of 30 days after the next primary election for the general election, or the next general election, after adoption whichever shall occur first.

The office so established shall be filled by some suitable person who shall be nominated by the Governor with the advice and consent of the Senate for a term of five years from the date of his or her appointment [and] . At the conclusion of a five year term, the Governor shall appoint a superintendent of elections who shall serve in an acting capacity until his or her successor is appointed and [shall have] qualified. In the event that no such appointment to such office is made within 30 days following the taking effect of the ordinance or resolution, heretofore or hereafter adopted, of the governing body of the county, as herein provided, then the governing body of the county shall appoint some suitable person to fill such office for a term of five years from the date of appointment and [until the successor of such person], at the conclusion of the five year term, a person to serve in an acting capacity until a successor is [in the same manner] appointed by the Governor and [shall have] qualified. The governing body shall file notice of such appointment in the office of the Secretary of State.

Each superintendent so appointed in a county of the fifth class shall receive a salary of not less than $4,000 nor more than $8,000 per annum and each superintendent so appointed in a county of the second class shall receive a salary in such amount, not less than $4,000 per annum, as shall be determined by the governing body of the county; such salaries shall be paid by the county treasurer and the superintendent shall have his or her office in the county for which he is appointed.

Any vacancy occurring in such office of superintendent of elections shall be filled in the same manner as the original appointment to such office was made, but for the unexpired term. Any person filling a vacancy shall be from the same political party as the original appointee.

(cf: P.L.2018, c.163, s.4)

3. A superintendent of elections whose term has expired and is holding office while awaiting the appointment and qualification of a successor pursuant to R.S.19:32-1 and section 1 of P.L.1947, c.167 (C.19:32-26) shall vacate his or her position 60 days after the effective date of P.L. , c. (C. )(pending before the Legislature as this bill).

4. This act shall take effect immediately.

STATEMENT

This bill creates the position of acting superintendent of elections for counties of the first, second, and fifth class. The acting superintendent of elections would be appointed by the Governor at the conclusion of the five-year term of the superintendent of elections and serve until a successor has been appointed with the advice and consent of the Senate. Current law permits county superintendents of elections to serve for five years and until their successor has been appointed and qualified.

This bill would also allow the governing body in a county of the second or fifth class to appoint an acting superintendent of elections. The power to appoint an acting superintendent of elections in these counties would be limited to instances where the Governor did not appoint a superintendent of elections thirty days after creation of the position by the governing body and the five year term of the person the governing body appointed to the position has expired. The acting superintendent of elections would serve until the Governor has appointed a successor with the advice and consent of the Senate. From that point forward, the Governor would have the power to appoint a person for a full five-year term or in an acting capacity for that county.