ASSEMBLY, No. 1989

 

STATE OF NEW JERSEY

 

INTRODUCED MAY 13, 1996

 

 

By Assemblymen BUCCO and CARROLL

 

 

An Act concerning the filling of vacancies in municipal offices, and amending R.S.19:27-11 and N.J.S.40A:16-11.

 

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

 

    1. R.S.19:27-11 is amended to read as follows:

    19:27-11. In the event of any vacancy in any county or municipal office, except for the office of a member of the board of chosen freeholders, which vacancy shall occur after the 11th day preceding the last day for filing petitions for nominations for the primary election and on or before the 51st day preceding the general election, each political party may select a candidate for the office in question in the manner prescribed in R.S.19:13-20 for selecting candidates to fill vacancies among candidates nominated at primary elections. A statement of such selection shall be filed with the county clerk not later than the close of business of the 48th day preceding the date of the general election.

    Besides the selection of candidates by each political party as before provided, candidates may also be nominated by petition in a similar manner as herein provided for direct nomination by petition for the general election but the petition shall be filed with the county clerk at least 48 days prior to such general election.

    When the vacancy occurs in a county office the county clerk shall forthwith give notice thereof to the chairman of the county committee of each political party and in counties of the first class to the county board, and in case the vacancy occurs in a municipal office the municipal clerk shall forthwith give notice thereof to the chairman of the municipal committee of each political party, the county clerk, the chairman of the county committee of each political party and in counties of the first class the county board.

     The county clerk shall print on the ballots for the territory affected, in the personal choice column, the title of office and leave a proper space under such title of office; and print the title of office and the names of such persons as have been duly nominated, in their proper columns.

(cf: P.L. 1990,c.33,s.1.)

 

    2. N.J.S.40A:16-11 is amended to read as follows:

    40A:16-11. Appointment to fill vacancy where incumbent was nominee of a political party; time to fill vacancy. If the incumbent whose office has become vacant was elected to office as the nominee of a political party, the municipal clerk shall, no later than two days after the occurrence of the vacancy, notify the municipal committee of the political party of which the incumbent was the nominee of the vacancy. The municipal committee shall, no later than 15 days after the occurrence of the vacancy, present to the governing body the names of three nominees for the selection of a successor to fill the vacancy. The governing body shall, within 30 days after the occurrence of the vacancy, appoint one of the nominees as the successor to fill the vacancy. If the governing body fails to appoint one of the nominees within the time prescribed herein, the municipal committee that named the three nominees shall, within the next 15 days, appoint one of the nominees as the successor to fill the vacancy, and such person shall be sworn in immediately. If the municipal committee which nominated the incumbent fails to submit the names of the nominees within the time prescribed herein, the governing body may, within the next 15 days, fill the vacancy by the appointment of a successor from the same political party which had nominated the incumbent whose office has become vacant.

    If, on the effective date of [this act] P.L.1979, c.83, the governing body had previously received from the municipal committee the names of three nominees to fill any such vacancy and had not filled the vacancy, the governing body, within 30 days after the effective date of this act, shall appoint one of the nominees as the successor to fill the vacancy.

(cf: P.L. 1990,c.57,s.1.)

 

    3. This act shall take effect immediately.

 

 

STATEMENT

 

    This bill would require municipal clerks to notify the municipal committee and chairman within two days of the occurrence of a vacancy in a municipal office. Currently, the law does not provide for formal notice to the municipal committees or chairmen.


 

Requires municipal clerks to notify municipal political parties in event of vacant municipal office.