ASSEMBLY, No. 2065
STATE OF NEW JERSEY
INTRODUCED JUNE 3, 1996
By Assemblyman ARNONE
An Act concerning 2[regional school district boards of education] vacancies in the membership of school boards2 and amending N.J.S.18A:12-15 and 18A:13-11.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. N.J.S.18A:12-15 is amended to read as follows:
18A:12-15. Vacancies in the membership of the board shall be filled as follows:
a. By the county superintendent, if the vacancy is caused by the absence of candidates for election to the school board or by the removal of a member because of lack of qualifications, or is not filled within 65 days following its occurrence:
b. By the county superintendent, to a number sufficient to make up a quorum of the board if, by reason of vacancies, a quorum is lacking;
c. By special election, if in the annual school election two or more candidates qualified by law for membership on the school board receive an equal number of votes. Such special election shall be held only upon recount and certification by the county board of elections of such election result, shall be restricted to such candidates, shall be held within 60 days of the annual school election, and shall be conducted in accordance with procedures for annual and special school elections set forth in Title 19 of the Revised Statutes. The vacancy shall be filled by the county superintendent if in such special election two or more candidates qualified by law for membership on the school board receive an equal number of votes;
d. By special election if there is a failure to elect a member at the annual school election due to improper election procedures. Such special election shall be restricted to those persons who were candidates at such annual school election, shall be held within 60 days of such annual school election, and shall be conducted in accordance with the procedures for annual and special school elections set forth in Title 19 of the Revised Statutes;
e. By the commissioner if there is a failure to elect a member at the annual school election due to improper campaign practices; or
f. By 2a majority vote of the remaining members of 2 the board 2after the vacancy occurs2 in all other cases; except that in a regional school district the governing body of the constituent municipality 1or the governing bodies of the constituent municipalities included within a representative district1 represented by the former board member shall fill the vacancy in all other cases.
Each member so appointed shall serve until the organizational meeting following the next annual election unless he is appointed to fill a vacancy occurring within the 60 days immediately preceding such election to fill a term extending beyond such election, in which case he shall serve until the organizational meeting following the second annual election next succeeding the occurrence of the vacancy, and any vacancy for the remainder of the term shall be filled at the annual election or the second annual election next succeeding the occurrence of the vacancy as the case may be.
(cf: P.L.1995, c.278, s.29)
2. N.J.S.18A:13-11 is amended to read as follows:
18A:13-11. Vacancies in the membership of the board shall be filled from the constituent districts represented by the former incumbents in the same manner as vacancies in the membership of boards of education of type II districts having elected boards of education are filled pursuant to N.J.S.18A:12-15.
3. This act shall take effect immediately.
Authorizes municipality to fill school board vacancy in a regional school district in certain cases and clarifies procedure to replace resigning school board member in aType II district.