SENATE, No. 279
STATE OF NEW JERSEY
PRE-FILED FOR INTRODUCTION IN THE 1996 SESSION
By Senator CARDINALE
An Act concerning elections, and amending, supplementing and repealing various sections of the statutory law.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. Section 3 of P.L.1948, c.199 (C.1:6-12) is amended to read as follows:
3. If the clerk shall certify to the sufficiency of the petition, the said governing body or board of chosen freeholders shall, within thirty days after the filing of such petition, adopt a resolution authorizing the filing of a petition with the Legislature for the passage of a private, special or local law of the general nature described in the petition so filed with said clerk or in its discretion, adopt a resolution authorizing the submission of the proposal to file such a petition to the legal voters of the municipality or county at the next general election succeeding the adoption thereof, or if the resolution shall be adopted within ninety days next preceding such election, then at the next succeeding general election[, in the case of a county or at the next succeeding general or municipal election, whichever shall occur first, in the case of a municipality].
(cf: P.L.1948, c.199, s.3)
2. Section 4 of P.L.1948, c.199 (C.1:6-13) is amended to read as follows:
4. If the resolution so adopted shall provide for submission of said proposal to the voters of the municipality or of the county, there shall be printed on every ballot to be used at such general [or municipal] election, the following:
If you favor the proposition printed below make a cross X, plus + or check / in the square opposite the word "YES." If you are opposed thereto make a cross X, plus + or check / in the square opposite the word "NO."
YES "Shall the proposal to petition the Legislature
for the passage of a special law entitled 'An act
NO (reciting title)' be adopted?"
In any municipality or county in which voting machines are used, the question shall be placed upon the official ballots to be used upon the voting machines without the foregoing instructions to the voters and shall be voted upon by the use of such machines without marking as aforesaid.
(cf: P.L.1948, c.199, s.4)
3. Section 9 of P.L.1948, c.199 (C.1:6-18) is amended to read as follows:
9. The question of the adoption of such law shall be submitted to the legal voters of the municipality or county at the next general election succeeding the passage thereof unless the same shall be passed within twenty-five days next preceding such election, in which case it shall be submitted at the next succeeding general election[, in the case of a county, or the next succeeding general or municipal election, whichever shall occur first, in the case of a municipality].
(cf: P.L.1948,c.199,s.9)
4. Section 10 of P.L.1948, c.199 (C.1:6-19) is amended to read as follows:
10. There shall be printed on each official ballot to be used at such general [or municipal] election, the following:
If you favor the proposition printed below make a cross x, plus + or check X in the square opposite the word "YES." If you are opposed thereto make a cross x , plus + or check X in the square opposite the word "NO."
YES "Shall "An act (reciting title)'
NO be adopted?"
In any municipality or county in which voting machines are used, the question shall be placed upon the official ballots to be used upon the voting machines without the foregoing instruction to the voters and shall be voted upon by the use of such machines without marking as aforesaid.
(cf: P.L.1948, c.199, s.10)
5. N.J.S.11A:9-3 is amended to read as follows:
11A:9-3. If the petition is sufficient, the clerk shall, 15 days thereafter, give public notice that the question will be submitted to the voters at the next general [or municipal] election. Public notice includes, but is not limited to, publication in the political subdivision's official newspaper once a week for at least four weeks and posting the notice in five of the most public places in the political subdivision for at least four weeks before the election. The clerk shall also cause the
question to be printed upon the ballots to be used at the election.
(cf: N.J.S.11A:9-3)
6. Section 15 of P.L.1987, c.399 (C.18A:7A-48) is amended to read as follows:
15. At the [April] June school election in the fourth year following the creation of a State-operated school district, nine board members shall be elected from among the 15 appointed board members, three to serve a one year term, three to serve a two year term, and three to serve a three year term. If there are not nine members from the 15 appointed members who are willing to run for election, the commissioner shall retain the right to appoint the remaining members of the board. Following the election of the board, the State district superintendent may bring matters before the board for a vote; however the State district superintendent shall retain veto power until such time as the State board determines that local control should be reestablished. In each subsequent year, three board members will be elected from the community at large.
(cf: P.L.1992, c.159, s.5)
7. Section 17 of P.L.1990, c.52 (C.18A:7D-19) is amended to read as follows:
17. On or before April 1, 1992, and on or before April 1 of each subsequent even numbered year, the Governor, after consultation with the Department of Education, shall recommend to the Legislature any revision in any numerical value in section 16 of this amendatory and supplementary act, including the numerical criteria for a high cost county and a very high cost county, which is deemed proper, together with appropriate supporting information. The revised values shall be deemed approved for the fiscal year beginning one year from the subsequent [July 1] September 1 at the end of 60 calendar days after the date on which they are transmitted to the Senate and General Assembly, or if the Legislature is not in session on the 60th day, then on the next succeeding day on which it shall be meeting in the course of a regular or special session, unless between the date of transmittal and the end of the above period, the Legislature passes a concurrent resolution stating that the Legislature does not favor the revised schedule of values, in which case the values then in effect shall continue in effect.
(cf: P.L.1990 ,c.52, s.17)
8. Section 22 of P.L.1990, c.52 (C.18A:7D-27) is amended to read as follows:
22. Annually, on or before March 4, local boards of education shall submit to the commissioner a copy of their proposed budgets for the next school fiscal year, beginning on the succeeding September 1. The commissioner shall review each item of appropriation within the current expense and capital outlay sections of the general fund budget and shall determine the adequacy of the budget with regard to the annual reports submitted pursuant to section 11 of P.L.1975, c.212 (C.18A:7A-11) and such other criteria as may be established by the State board.
(cf: P.L.1995, c.278, s.36)
9. Section 28 of P.L.1990, c.52 (C.18A:7D-36) is amended to read as follows:
28. When State aid is calculated for any year and a part of any district becomes a new school district or a part of another school district, including a county vocational school district or county special services school district established after January 1, 1991, or comes partly under the authority of a regional board of education, the commissioner shall adjust the State aid calculations among the districts affected, or between the district and the county vocational school district, county special services school district or the regional board, as the case may be, on an equitable basis in accordance with the intent of P.L.1990, c.52 (C.18A:7D-1 et al.).
Whenever an all-purpose regional district is approved by the voters during any calendar year, the regional district shall become effective on the succeeding [July 1] September 1 for the purpose of calculating State aid, and the commissioner shall request supplemental appropriations for such additional State aid as may be required.
After a regional school district becomes entitled to State aid, it shall continue to be entitled to such aid as calculated for a regional district notwithstanding the subsequent consolidation of the constituent municipalities of the regional school district.
(cf: P.L.1991, c.62, s.17)
10. N.J.S.18A:9-10 is amended to read as follows:
18A:9-10. If the membership of the board in any such district so becoming a type II district is less than nine, it shall be increased to nine by the election of added members at the next annual school election, unless the adopting election shall have been held more than 130 days or less than 60 days before the date fixed for such annual school election, in which case they shall be elected at a special school election which shall be called by the members of the board so holding over, if the adopting election was held more than 130 days before the annual school election, then not less than 60 or more than 70 days after the adopting election, or if the adopting election was held less than 60 days before the annual school election, then not less than 60 or more than 70 days after such annual school election, excluding in each instance from the calculation of the period which will elapse between such 60 and 70 days any period which would elapse between the twenty-first day before and the twenty-first day after any day fixed according to law for the holding of any primary election for the general election or general election [or municipal election] held within the district.
(cf: P.L.1995, c.278, s.28)
11. N.J.S.18:12-15 is amended to read as follows:
18A:12-15. Vacancies
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 commissioner 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 chapter 14 of Title 18A of the New Jersey 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] Deleted by amendment, P.L. , c. ;
d. By [special election] the commissioner 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 chapter 14 of Title 18A of the New Jersey 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 the board 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.1978, c.136, s.28)
12. N.J.S.18A:13-8 is amended to read as follows:
18A:13-8. The board of education of a regional district shall consist of nine members unless it consists of more than nine constituent districts, in which case the membership shall be the same as the number of constituent districts, plus one. If there are nine or less constituent districts, the members of the board of education of the regional district shall be apportioned by the county superintendent or county superintendents of the county or counties in which the constituent districts are situate, among said districts as nearly as may be according to the number of their inhabitants except that each constituent district shall have at least one member.
In making the apportionment of the membership of a regional board of education among the several school districts uniting to create a regional school district having nine or less constituent districts, as required by section 18A:13-36, there shall be subtracted from the number of inhabitants of a constituent school district, as shown by the last federal census officially promulgated in this State, the number of such inhabitants who according to the records of the Federal Bureau of the Census were patients in, or inmates of, any State or federal hospital or prison, or who are military personnel stationed at, or civilians residing within the limits of, any United States Army, Navy or Air Force installation, located in such constituent school district.
If there are more than nine constituent districts, the members on the board shall be apportioned among the constituent districts and the weight of their votes in all proceedings of the board shall be determined by the appropriate county superintendent or superintendents through the following procedure:
a. The number of inhabitants of each constituent district shall be determined as shown by the last federal census officially promulgated in this State.
b. A representative ratio shall be calculated by adding the number of inhabitants of all constituent districts and dividing the sum by the board size.
c. All constituent districts shall be listed in ascending order of their number of inhabitants. If the first constituent district in said list has a number of inhabitants which is less than the representative ratio, it shall be combined with the constituent district contiguous to it having the smallest number of inhabitants. This process shall be repeated for each successively larger constituent district or combination of constituent districts until all remaining constituent districts or combinations of constituent districts shall have a number of inhabitants equal to, or exceeding the representative ratio. The districts formed in this manner shall be known as representative districts.
d. There shall be established a priority list according to the method of equal proportions for the apportionment of the members of the regional district board of education among the representative districts.
e. The members of the regional district board of education shall be apportioned among the representative districts according to the method of equal proportions, and where a representative district is composed of more than one constituent district, members shall be elected at large from within the representative district.
f. The number of inhabitants of each representative district shall be divided by the number of members assigned to that district to find the number of inhabitants per members.
g. The vote to be cast by each member of the regional district board of education in all proceedings of the board shall be determined by dividing the number of inhabitants per member in the representative district from which the member is elected by the representative ratio for the regional district, and rounding off the quotient to the nearest tenth of a full vote.
Wherever any statute or bylaw of the board requires decision in any matter by vote of a majority of the board members, or of the members present, this shall be interpreted as meaning a majority of the weighted votes of all members, or of the members present, as the case may be.
h. Whenever the above reapportionment procedure is used for a regional district having more than nine constituent districts, the terms of office of all incumbent board of education members shall terminate on the day on which the annual organization meeting of the board is held pursuant to N.J.S.18A:13-12 following certification by the county superintendent of the representative districts and the number of members to be elected from each; provided, that if the reapportionment results in any representative district retaining its former boundaries and the same number of board members, that the members elected from such a district shall serve the full term for which they were elected. All other board members shall be elected in an election to be held on the [third] Tuesday next after the first Monday in [April] June at least 60 days following certification by the county superintendent for initial terms of office to be designated in advance by the county superintendent so that, as nearly as possible, one-third of the board shall be elected in each future year, to serve for three-year terms, and where a representative district has more than one member, their terms of office shall terminate in different years.
If any constituent district is a consolidated district, or a district composed of two or more municipalities, and
a. The original district is a limited purpose regional district and such constituent district has such population that it is entitled to have apportioned to it a number of members equal to or greater than the number of districts making up such constituent district, or
b. The regional district is an all purpose district,
the membership of the regional board of education from such district shall be apportioned, and from time to time reapportioned, and the members from the district shall be elected, as their respective terms expire, in the same manner as though each of the municipalities making up such constituent district were constituent districts of the regional district.
(cf: P.L.1992, c.159, s.9)
13. Section 1 of P.L.1970, c.305 (C.18A:13-9.1) is amended to read as follows:
1. Whenever the board of education of a regional district shall, following the taking of a Federal decennial census and the issuance of preliminary populations of the constituent districts pursuant to said census but prior to the issuance of the final populations of said districts and the official promulgation of said census in this State, determine that (a) said final populations and official promulgation shall not be available in time for the next succeeding election of members of said board, (b) said preliminary figures indicate that significant changes in the number of members to be allocated to the constituent districts will result, and (c) the allocation of members among the constituent districts on the basis of the present official census effective in this State will result in inequitable representation, it may, by resolution unanimously adopted and approved by the Commissioner of Education, provide that, notwithstanding the provisions of any other law to the contrary, the members to be next elected pursuant to article 7 of chapter 13 of Title 18A of the New Jersey Statutes shall be elected at a special election to be held on [a] the day [no later than 60 days after the official promulgation of said census in this State as specified in said resolution] of the general election.
(cf: P.L.1970, c.305, s.1)
14. N.J.S.18A:13-10 is amended to read as follows:
18A:13-10. The board of education of each regional district shall provide for the holding, in accordance with the provisions of P.L.1995, c.278 (C. ), of an annual school election for the regional district on the [third] Tuesday next after the first Monday in [April] June.
At such election there shall be elected for terms of three years, beginning on any day of the first or second week following such election, the members of the regional boards of education to succeed those members of the board whose terms shall expire in that year, except as is in this chapter provided for the election of the first elected members of the board.
If two or more qualified candidates receive an equal number of
votes, they shall draw lots to determine which one shall be elected.
(cf: P.L.1995, c.278, s.32)
15. N.J.S.18A:13-13 is amended to read as follows:
18A:13-13. The board shall appoint a secretary who may or may not be a member of the board, for the term of one year beginning on [July 1] September 1 following his appointment but he shall continue to serve after the expiration of his term until his successor is appointed and qualified.
(cf: N.J.S.18A:13-13)
16. N.J.S.18A:13-14 is amended to read as follows:
18A:13-14. The board shall appoint a treasurer of school moneys who may be a member of the board and it shall fix his salary. His term of office shall expire annually on [June 30] August 31 of each year, but if a municipal officer is appointed treasurer, his term shall cease if he ceases to hold his municipal office and in either case, the treasurer shall continue in office after the expiration of his term until his successor is qualified. He shall give bond in such amount, and with such surety, as the board shall direct. The board in its determination of the amount shall be guided by a schedule of minimum limits to be promulgated by the State board.
(cf: P.L.1981, c.174, s.1)
17. N.J.S.18A:13-19 is amended to read as follows:
18A:13-19. If the voters reject any of the items submitted at the annual election, within two days thereafter the board of education of the regional district shall certify to the governing body of each municipality, included within the regional district, the item or items so rejected, and such governing bodies, after consultation with the board, and no later than [May 19] June 20 shall determine the amount or amounts which they deem necessary to provide a thorough and efficient system of schools in the regional district for the ensuing school year and cause the same to be certified by the respective municipal clerks to the board of education of the regional district.
(cf: P.L.1995, c.94, s.1)
18. N.J.S. 18A:17-5 is amended to read as follows:
18A:17-5. Each secretary shall be appointed by the board, by a recorded roll call majority vote of its full membership, for a term to expire not later than [June 30] August 31 of the calendar year next succeeding that in which the board shall have been organized, but he shall continue to serve after the expiration of his term until his successor is appointed and qualified. The secretary may be appointed from among the members of the board and, subject to the provisions of this Title and any other law, the board shall fix his compensation; provided, however, that the secretary shall not receive compensation from the board for any period during which he is an elected or appointed member of the board.
In case of a vacancy in the office of secretary, the vacancy shall be filled by the board within 60 days after the vacancy occurs and if the board does not make such appointment within such time the county superintendent shall appoint a secretary who shall receive the same compensation as his predecessor in office received and shall serve until a secretary is appointed by the board.
(cf: P.L.1968 ,c.271, s.1)
19. N.J.S.18A:22-7 is amended to read as follows:
18A:22-7. The board of education of every school district having a board of school estimate shall prepare and deliver to each member of the board of school estimate, on or before [March 22] the second Tuesday in May in each year, and the board of education of every other school district shall prepare a budget for the school district for the ensuing year, on or before the [fourth] second Tuesday in [March] May.
(cf: P.L.1995, c.278, s.37)
20. N.J.S.18A:22-8 is amended to read as follows:
18A:22-8. The budget shall be prepared in such detail and upon such forms as shall be prescribed by the commissioner and to it shall be annexed a statement so itemized as to make the same readily understandable, in which shall be shown:
a. In tabular form there shall be set forth the following:
(1) The total expenditure for each item for the preceding school year, the amount appropriated for the current school year adjusted for transfers as of [February 1] April 1 of the current school year, and the amount estimated to be necessary to be appropriated for the ensuing school year, indicated separately for each item as determined by the commissioner;
(2) The amount of the surplus account available at the beginning of the preceding school year, at the beginning of the current school year and the amount anticipated to be available for the ensuing school year;
(3) The amount of revenue available for budget purposes for the preceding school year, the amount available for the current school year as of [February 1] April 1 of the current school year and the amount anticipated to be available for the ensuing school year in the following categories:
(a) Total to be raised by local property taxes
(b) Total State aid
(i) Foundation aid
(ii) Special education aid
(iii) Transportation aid
(iv) At-risk aid
(v) Bilingual aid
(vi) Other (detailed at the discretion of the commissioner)
(vii) Transition aid
(c) Total federal aid
(i) Elementary and Secondary Education Act of 1965 (20 U.S.C.§2701 et seq.)
(ii) Handicapped
(iii) Impact Aid
(iv) Vocational
(v) Other (detailed at the discretion of the commissioner)
(d) Other sources (detailed at the discretion of the commissioner).
(4) Transfers between current expense and capital outlay for the preceding school year, the current school year as of [February 1] April 1 of that year and transfers anticipated for the ensuing school year.
b. (Deleted by amendment, P.L.1993, c.117).
c. In the event that the total expenditure for any item of appropriation is equal to $0.00 for: (1) the preceding school year, (2) the current school year, and (3) the amount estimated to be necessary to be appropriated for the ensuing school year, that item shall not be required to be published pursuant to N.J.S.18A:22-11.
(cf: P.L.1993,c.117, s.1)
21. N.J.S.18A:22-10 is amended to read as follows:
18A:22-10. Upon the preparation of its budget, each board of education shall fix a date, place and time for the holding of a public hearing upon said budget and the amounts of money necessary to be appropriated for the use of the public schools for the ensuing school year and the various items and purposes for which the same are to be appropriated. In districts having a board of school estimate, the hearing shall be held before the board of school estimate between [March 22] the second Tuesday in May and [March 29] May 20 and in districts having no b oard of school estimate the hearing shall be held before the board of education between the [fourth] second Tuesday in [March 22] the second Tuesday in May and [March 29] May 20.
(cf: P.L.1995, c.278, s.39)
22. N.J.S.18A:22-14 is amended to read as follows:
18A:22-14. At or after said public hearing but not later than [April 8] May 20, the board of school estimate of a type I district shall fix and determine by official action taken at a public meeting of the board the amount of money necessary to be appropriated for the use of the public schools in the district for the ensuing school year, exclusive of the amount which shall have been apportioned to it by the commissioner, and shall make two certificates of such amount signed by at least three members of the board, one of which shall be delivered to the board of education and the other to the governing body of the district.
Within 15 days after receiving such certificate the board of education shall notify the board of school estimate and governing body of the district if it intends to appeal to the commissioner the board of school estimate's determination as to the amount of money necessary to be appropriated for the use of the public schools of the district for the ensuing school year.
(cf: P.L.1992, c.159, s.14)
23. N.J.S.18A:22-26 is amended to read as follows:
18A:22-26. At or after said public hearing but not later than [April 8] May 20, the board of school estimate of a type II district having a board of school estimate shall fix and determine by a recorded roll call majority vote of its full membership the amount of money necessary to be appropriated for the use of the public schools in such district for the ensuing school year, exclusive of the amount which shall be apportioned to it by the commissioner for said year and shall make a certificate of such amount signed by at least a majority of all members of such board, which shall be delivered to the board of education and a copy thereof, certified under oath to be correct and true by the secretary of the board of school estimate, shall be delivered to the county board of taxation on or before [April 15] June 1 in each year and a duplicate of such certificate shall be delivered to the board or governing body of each of the municipalities within the territorial limits of the district having the power to make appropriations of money raised by taxation in the municipalities or political subdivisions and to the county superintendent of schools and such amount shall be assessed, levied and raised under the procedure and in the manner provided by law for the levying and raising of special school taxes voted to be raised at an annual or special election of the legal voters in type II districts and shall be paid to the treasurer of school moneys of the district for such purposes.
Within 15 days after receiving such certificate the board of education shall notify the board of school estimate and governing body of each municipality within the territorial limits of the school district if it intends to appeal to the commissioner the board of school estimate's determination as to the amount of money necessary to be appropriated for the use of the public schools of the district for the ensuing school year.
(cf: P.L.1992, c.159, s.15)
24. N.J.S.18A:22-37 is amended to read as follows:
18A:22-37. If the voters reject any of the items submitted at the annual school election, the board of education shall deliver the proposed school budget to the governing body of the municipality, or of each of the municipalities included in the district within two days thereafter. The governing body of the municipality, or of each of the municipalities, included in the district shall, after consultation with the board, and by [May 19] June 15, determine the amount which, in the judgment of said body or bodies, is necessary to be appropriated, for each item appearing in such budget, to provide a thorough and efficient system of schools in the district, and certify to the county board of taxation the totals of the amount so determined to be necessary for each of the following: a. General fund expenses of schools; or b. Appropriations to capital reserve account. Within 15 days after the governing body of the municipality or of each of the municipalities included in the district shall make such certification to the county board of taxation, the board of education shall notify such governing body or bodies if it intends to appeal to the commissioner the amounts which said body or bodies determined to be necessary to be appropriated for each item appearing in the proposed school budget.
(cf: P.L.1995 ,c.94, s.2)
25. N.J.S.18A:24-29 is amended to read as follows:
18A:24-29. A proposal for the confirmation of any ordinance, required by this article to be approved by the qualified voters of the municipality comprised within a district, shall be submitted to such voters at a general, special or [municipal] primary election to be held therein, whenever the governing body of the municipality shall have, by resolution or ordinance, directed that the same be so submitted and, in the case of a special election, specified the day, which shall be not less than 41 days after the passage of such ordinance, and the time thereof, the place or places thereof and the polling districts therefor by reference to the general election districts established and used in the municipality, and the hours (which need include only four consecutive hours) during which the polls at such election shall be open. It shall be the duty of the clerk of the municipality to give notice of any such election, setting forth the proposition to be submitted and the day and time and place or places thereof and the polling districts therefor and the hours during which the polls at such election will be open. At least seven days before the date thereof, the clerk shall post not less than seven copies of such notice, one on each schoolhouse within the municipality and the others at such other public places in the municipality as he may select, and shall publish said notice in a newspaper published in the municipality if there be one or, if there be no such newspaper, in a newspaper published in the county and circulating in the municipality. No other or different notice of said election shall be required to be posted, published, delivered or otherwise given in any manner, except those required to be given by R.S. 19:12-7. Such election shall be held and the result of the balloting on such question ascertained and determined in accordance with the provisions of Title 19, Elections, of the Revised Statutes, which are not inconsistent with this section and are applicable to the holding in such municipality of a general, special or [municipal] primary election, as the case may be, but any notice or demand therein required to be given to or made upon any person or body for the performance of an official duty with regard to such election shall be sufficient, if given or made at least 10 days before the date of such election, except as otherwise required by this section.
(cf: P.L.1995, c.278, s.44)
26. Section 12 of P.L.1971, c.271 (C.18A:46-40) is amended to read as follows:
12. On or before the [fourth] second Tuesday in [March] May in each year the board of education of a county special services school district shall prepare and deliver to each member of the board of school estimate an itemized statement of the amount of money estimated to be necessary for the general fund expenses of the county special services school district for the ensuing school year.
(cf: P.L.1993, c.83, s.19)
27. Section 13 of P.L.1971, c.271 (C.18A:46-41) is amended to read as follows:
13. a. Between the [fourth] second Tuesday in [March] May and [April 8] May 20 in each year the board of school estimate shall fix and determine by official action taken at a public meeting of the board the amount of money necessary to be appropriated for the use of the county special services school district for the ensuing school year.
b. The board of school estimate shall, on or before the last named date, make two certificates of the amount, signed by at least three of its members, one of which certificates shall be delivered to the board of education of the county special services school district and the other to the board of chosen freeholders of the county.
c. The board of chosen freeholders shall, upon receipt of the certificate, appropriate, in the same manner as other appropriations are made by it, the amount so certified, and the amount shall be assessed, levied, and collected in the same manner as moneys appropriated for other purposes in the county are assessed, levied, and collected, unless such amount is to be raised as otherwise hereinafter provided in this act.
(cf: P.L.1992 ,c.159, s.20)
28. N.J.S.18A:54-28 is amended to read as follows:
18A:54-28. On or before the [fourth] second Tuesday in [March] May in each year the board of education of a county vocational school district shall prepare and deliver to each member of the board of school estimate an itemized statement of the amount of money estimated to be necessary for the general fund expenses of the county vocational school district for the ensuing school year.
(cf: P.L.1993, c.83, s.24)
29. N.J.S.18A:54-29 is amended to read as follows:
18A:54-29. Between the [fourth] second Tuesday in [March] May and [April 8] May 20 in each year the board of school estimate shall fix and determine by action taken at a public meeting of the board the amount of money necessary to be appropriated for the use of the county vocational school district for the ensuing school year exclusive of the amount to be received from the State as provided in section 18A:54-32.
(cf: P.L.1992, c.159, s.22)
30. (New section) Notwithstanding any law, rule or regulation to the contrary, starting with the 1995-1996 school year and continuing thereafter, the annual fiscal year of each type I, type II, regional and any other school district shall begin on September 1 next succeeding and end on the August 31 next following.
31. (New section) a. Notwithstanding any law, rule or regulation to the contrary, upon the enactment of P.L. , c. (C. )(now pending before the Legislature as this bill) every member of a school board in a type II district serving for a term that ends during the first or second week of April during the year that P.L. , c. becomes law or any of the three years thereafter shall continue to serve in that office until the first or second week after the subsequent annual school election or until a sucessor to that office is chosen.
b. Every person elected to the office of member of a school board subsequent to the enactment of P.L. , c. shall serve for a term of three years beginning on any day of the first or second week following the holding of the annual school election, pursuant to N.J.S.18A:13-10 as amended by P.L. , c. .
32. R.S.19:1-1 is amended to read as follows:
19:1-1. As used in this Title:
"Election" means the procedure whereby the electors of this State or any political subdivision thereof elect persons to fill public office or pass on public questions.
"General election" means the annual election to be held on the first Tuesday after the first Monday in November.
"Primary election" means the procedure whereby the members of a political party in this State or any political subdivision thereof nominate candidates to be voted for at general elections, or elect persons to fill party offices, or delegates and alternates to national conventions.
["Municipal election" means an election to be held in and for a single municipality only, at regular intervals.]
"Special election" means an election which is not provided for by law to be held at stated intervals.
"Any election" includes all primary, general[, municipal], school and special elections, as defined herein.
"Municipality" includes any city, town, borough, village, or township.
"School election" means any annual or special election to be held in and for a local or regional school district established pursuant to chapter 8 or chapter 13 of Title 18A of the New Jersey Statutes.
"Public office" includes any office in the government of this State or any of its political subdivisions filled at elections by the electors of the State or political subdivision.
"Public question" includes any question, proposition or referendum required by the legislative or governing body of this State or any of its political subdivisions to be submitted by referendum procedure to the voters of the State or political subdivision for decision at elections.
"Political party" means a party which, at the election held for all of the members of the General Assembly next preceding the holding of any primary election held pursuant to this Title, polled for members of the General Assembly at least 10% of the total vote cast in this State.
"Party office" means the office of delegate or alternate to the national convention of a political party or member of the State, county or municipal committees of a political party.
"Masculine" includes the feminine, and the masculine pronoun wherever used in this Title shall be construed to include the feminine.
"Presidential year" means the year in which electors of President and Vice-President of the United States are voted for at the general election.
"Election district" means the territory within which or for which there is a polling place or room for all voters in the territory to cast their ballots at any election.
"District board" means the district board of registry and election in an election district.
"County board" means the county board of elections in a county.
"Superintendent" means the superintendent of elections in counties wherein the same shall have been appointed.
"Commissioner" means the commissioner of registration in counties.
"File" or "filed" means deposited in the regularly maintained office of the public official wherever said regularly maintained office is
designated by statute, ordinance or resolution.
(cf: P.L.1995, c.278, s.13)
33. R.S.19:8-6 is amended to read as follows:
19:8-6. The county boards in counties of the first class and the municipal clerks in counties other than counties of the first class shall purchase or lease and furnish the proper equipment of polling places, to enable the district boards to carry out the duties imposed upon them by this title. The equipment shall consist of tables, chairs, lights, booths and all other things necessary for the performance of such duties, and shall be ready for use by the district boards in ample time to enable them to perform their duties. Also to be included, for conspicuous display at each polling place on the days of any election during each year, shall be the voting and registration instructions provided by the county board of elections.
The clerks of the several municipalities shall keep in repair, store and deliver the polling booths, ballot boxes and other equipment in time for use by the district boards at the cost and expense of the municipality.
In case of any election to be held in and for a municipality only, the duties imposed upon the county boards in counties of the first class regarding the equipment of polling places shall devolve upon the clerk of the municipality wherein the election is to be held. [Any equipment in possession of the county board may be used in a municipal election upon requisition.]
(cf: P.L.1991, c.429, s.7)
34. R.S.19:14-4 is amended to read as follows:
19:14-4. In the center of the ballot immediately below the perforated line shall be printed in bold-faced type the words "Official general election ballot." Below these words and extending across the ballot shall appear the words: "Name of (municipality), ward, fire district if applicable, water district if applicable, election district, date of election, John Doe, county clerk." The blank spaces shall be filled in with the name of the proper municipality, the ward and district numbers and the date of the election. [For school elections the] The name of the school district and of the municipality or municipalities comprising the district shall also be indicated thereon. The name of the county clerk shall be a facsimile of his signature. Below the last stated words extending across the ballot and at the extreme left shall be printed the words "Instructions to the voter," and immediately to the right there shall be a bracket embracing the following instructions numbered consecutively:
(1) The only kind of a mark to be made on this ballot in voting shall be a cross x , plus + or check X .
(2) To mark a cross x , plus +, check X or when writing a name on this ballot use only ink or pencil.
(3) To vote for any candidates whose names are printed in any column, mark a cross x , plus + or check X in the square at the left of the names of such candidates not in excess of the number to be elected to the office.
(4) To vote for any person whose name is not printed on this ballot, write or paste the name of such person under the proper title of office in the column designated personal choice and mark a cross x , plus + or check X in the square to the left of the name so written or pasted.
(5) To vote upon any public question printed on this ballot if in favor thereof, mark a cross x , plus + or check X in the square at the left of the word "Yes," and if opposed thereto, mark a cross x , plus + or check X in the square at the left of the word "No."
(6) Do not mark this ballot in any other manner than above provided for and make no erasures. Should this ballot be wrongly marked, defaced, torn or any erasure made thereon or otherwise rendered unfit for use return it and obtain another. In presidential years, the following instructions shall be printed upon the general election ballot:
(7) To vote for all the electors of any party, mark a cross x , plus + or check X in ink or pencil in the square at the left of the surnames of the candidates for president and vice-president for whom you desire to vote.
Below the above-stated instructions and information and, except when compliance with [section 19:14-15] R.S.19:14-13 of this Title as to State-wide propositions otherwise requires, three inches below the perforated line and parallel to it, there shall be printed a six-point diagram rule extending across the ballot to within not less than a half inch to the right and left edges of the paper.
(cf: P.L.1995, c.287, s.17)
35. R.S.19:14-8 is amended to read as follows:
19:14-8. In the columns of each of the political parties which made nominations at the next preceding primary election and in the personal choice column, within the space between the two-point hair line rules, there shall be printed the title of each office to be filled at such election, except as hereinafter provided.
In counties having twelve or less freeholders, such titles of office shall be arranged in the following order: electors of President and Vice-President of the United States; member of the United States Senate; Governor; member of the House of Representatives; member of the State Senate; members of the General Assembly; sheriff; county clerk; surrogate; register of deeds and mortgages; county supervisor; members of the board of chosen freeholders; coroners; mayor and members of municipal governing bodies[,]; members of the board of fire commissioners; members of the board of water commissioners; and any other titles of office. In counties having more than twelve freeholders, such titles of office shall be arranged in the following order: electors of President and Vice-President of the United States; member of the United States Senate; Governor; member of the House of Representatives; member of the State Senate; members of the General Assembly; sheriff; county clerk; surrogate; register of deeds and mortgages; coroners; county supervisor; members of the board of chosen freeholders; mayor and members of municipal governing bodies[,]; members of the board of fire commissioners; members of the board of water commissioners; and any other titles of office. Above each of such titles of office, except the one at the top, shall be printed a two-point diagram rule in place of the two-point hair line rule. Below the titles of such offices shall be printed the names of the candidates for the offices.
The arrangement of the names of candidates for any office for which more than one are to be elected shall be determined in the manner hereinafter provided, as in the case of candidates nominated by petition.
When no nomination for an office has been made the words "No Nomination Made" in type large enough to fill the entire space or spaces below the title of office shall be printed upon the ballot.
Immediately to the left of the name of each candidate, at the extreme left of each column, including the personal choice column, shall be printed a square, one-quarter of an inch in size, formed by two-point diagram rules. In the personal choice column no names of candidates shall be printed.
To the right of the title of each office in the party columns and the personal choice column shall be printed the words "Vote for ," inserting in words the number of persons to be elected to such office.
(cf: P.L.1951, c.315, s.1)
36. R.S.19:14-10 is amended to read as follows:
19:14-10. In the column or columns designated as nominations by petition, within the space between the two-point hair line rules, there shall be printed the title of each office for which nominations by petition have been made.
In counties having twelve or less freeholders, such titles of office shall be arranged in the following order: electors of President and Vice-President of the United States; member of the United States Senate; Governor; member of the House of Representatives; member of the State Senate; members of the General Assembly; sheriff; county clerk; surrogate; register of deeds and mortgages; county supervisor; members of the board of chosen freeholders; coroners; mayor and members of municipal governing bodies[,]; members of the board of fire commissioners; members of the board of water commissioners; and any other titles of office. In counties having more than twelve freeholders, such titles of office shall be arranged in the following order; electors of President and Vice-President of the United States; member of the United States Senate; Governor; member of the House of Representatives; member of the State Senate; members of the General Assembly; sheriff; county clerk; surrogate; register of deeds and mortgages; coroners; county supervisor; members of the board of chosen freeholders; mayor and members of municipal governing bodies[,]; members of the board of fire commissioners; members of the board of water commissioners; and any other titles of office.
Above each of the titles of office, except the one on the top, shall be printed a two-point diagram rule in place of the two-point hair line rule. Below the titles of each of the offices shall be printed the names of each of the candidates for each of such offices followed by the designation or designations mentioned in the petitions filed.
Immediately to the left of the name of each candidate, at the extreme left of the column, shall be printed a square, one-quarter of an inch in size formed by two-point diagram rules.
The names of candidates for any office for which more than one are to be elected shall be arranged in groups as presented in the several certificates of nominations or petitions, which groups shall be separated from other groups and candidates by two two-point hair line rules.
To the right of the title of each office shall be printed the words "Vote for " inserting in words the number of candidates to be elected to such office.
(cf: P.L.1951, c.315, s.2)
37. R.S.19:14-16 is amended to read as follows:
19:14-16. The words to be printed on the perforated coupon shall be printed in twelve-point bold-faced capital letters and the figures in eighteen and twenty-two-point bold-faced type. At the head of the ballot the words "Official General Election Ballot" shall be printed in at least thirty-point bold-faced capital letters. The name of municipality, ward, fire district if applicable, water district if applicable, election district, and date shall be printed in twelve-point bold-faced capital letters. The words "Instructions to the voter" shall be printed in twelve-point bold-faced capitals and small letters, while the instructions embraced within the brackets shall be printed in eight-point bold-faced capital and small letters. The column designations shall be printed in eighteen-point bold-faced capital letters and the accompanying instructions shall be printed in eight-point capitals and small letters. The titles of office and accompanying instructions shall be printed in ten-point bold-faced capital and small letters. When there is no nomination made at the primary for an office, the title shall be printed in the space where such title should appear, and the words "No Nomination Made" in type large enough to fill the entire space or spaces shall be printed therein. The names of all candidates shall be printed in ten-point capital letters. The designations following the candidates' names in the nomination by petition column or columns shall be printed in ten-point capitals and small letters, except that where they overrun the space within the column the designations may be abbreviated, and all spaces between the two-point hair line rules not occupied by the titles of office and names of candidates shall be printed in with scroll or filling to guide the voter against wrongly marking the ballot. On the foot of the ballot the words "Public Questions to be Voted Upon" shall be printed in eighteen-point bold-faced capital letters. The accompanying instructions shall be printed in eight-point capital and small letters. The public questions to be voted upon shall be printed in ten-point capital and small letters, and the words "Yes" and "No" shall be printed in twelve-point bold-faced capital letters.
(cf: R.S.19:14-16)
38. R.S.19:14-22 is amended to read as follows:
19:14-22. The official general election sample ballots shall be as nearly as possible facsimiles of the official general election ballot to be voted at such election and shall have printed thereon, after the words which indicate the number of the election district for which such sample ballots are printed, the name or number of the fire district or water district, if applicable, the street address or location of the polling place in the election district, the hours between which the polls shall be open, and shall be printed on paper different in color from the official general election ballot, and have the following words printed in large type at the top: "This ballot cannot be voted. It is a sample copy of the official general election ballot used on election day."
(cf: P.L.1959, c.139, s.1)
39. R.S.19:15-2 is amended to read as follows:
19:15-2. The district boards shall open the polls for such election at seven o'clock in the morning and close them at eight o'clock in the evening, and shall keep them open during the whole day of election between these hours; except that for a school election the polls shall be open between the hours of five and [nine] eight P.M. and during any additional time which the school board may designate between the hours of seven A.M. and [nine] eight P.M.
The board may allow one member thereof at a time to be absent from the polling place and room for a period not exceeding one hour between the hours of one o'clock and five o'clock in the afternoon or for such shorter time as it shall see fit.
At no time from the opening of the polls to the completion of the canvass shall there be less than a majority of the board present in the polling room or place, except that during a school election there shall always be at least [two members of each district election] one member of the board present.
(cf: P.L.1995, c.278, s.18)
40. R.S.19:32-5 is amended to read as follows:
19:32-5. Such superintendents and their assistants, in order to enforce the laws of this state regarding the conduct of elections, shall investigate all complaints relating to the registration of voters, and for that purpose the superintendents and their assistants shall have full power and authority to visit and inspect any house, dwelling, building, inn, lodging house or hotel and interrogate any inmate, house-dweller, keeper, caretaker, owner, proprietor or landlord thereof or therein as to any person or persons residing or claiming to reside therein or thereat; to inspect and copy any books, records, papers or documents relating to or affecting the elections, either general, special, primary [or municipal] or school, or the registration of voters in the custody and control of district boards, county boards, or the clerks or other officers of municipalities; to require every lodging-house keeper, landlord or proprietor to exhibit his register of lodgers therein at any time to the superintendent, his subordinates or any other person so designated by such superintendent.
Any person who neglects or refuses to furnish any information required or authorized by this title, or to exhibit the records, papers, or documents herein authorized to be inspected, or which are required to be exhibited, shall be guilty of a misdemeanor.
(cf: R.S.19:32-5)
41. R.S.19:32-10 is amended to read as follows:
19:32-10. In respect to each general, primary[, municipal] and special election, the superintendent shall prepare for each election district in the county a challenge list containing the names, alphabetically arranged, and the addresses of all persons who have lost the right to register from the addresses within such election district from which they registered at the last preceding election. Such challenge list shall be delivered to the respective district boards in such municipalities at least one-half hour before the commencement of registration. The chairman of the respective district boards shall challenge the registration of any person applying to them for registration under any name on such challenge list, unless it shall affirmatively appear after strict examination of the voter, and, if necessary, of others, that such voter is domiciled at a new address within the election district. At the close of the last day of registration, the challenge list with the remarks of the district board or of any member or members thereof to be noted thereon shall be signed and certified as true by each member of the respective district boards and returned to the superintendent in a sealed envelope provided therefor.
After the last day of registration and before each general, primary, [municipal] school and special election, the superintendent shall also prepare for each election district a challenge list containing the names, alphabetically arranged, and addresses of all persons registered in the district whom he believes or has reason to suspect are not entitled to vote at the election in the district. Such challenge list shall be delivered to the respective district boards at least one-half hour before the opening of the polls at each election. The chairman of the respective district boards shall challenge the vote of any person presenting himself to vote under any name on the challenge list. The challenge list shall contain a column headed "remarks," and the chairman of the respective district boards shall enter therein opposite the names on such list whether any person applying to vote under any name thereon who was challenged was allowed to vote, and the reason for allowing him to vote.
All persons whose names appear on any challenge list before being allowed to vote shall subscribe to an affidavit on forms supplied by the superintendent to the respective district boards together with the challenge list. Any members of the district boards are hereby empowered to take such affidavits. The affidavit shall show that the affiant is eligible to vote in that district and shall set forth the place of his residence, the fact that he actually resides at that place, the length of time of such residence, and also all the facts necessary to qualify him as a voter under the constitution of this State. A copy of the affidavit signed by the challenged voter shall be given to the affiant. At the close of the polls the affidavits shall be returned to the superintendent in an envelope provided therefor and they shall be preserved in the office of the superintendent.
If a person applying to vote under any name on the challenge list is challenged and does not vote, there shall be entered opposite his name in such column the words "challenged, but did not vote." If no person applies to vote under any name on such challenge list, there shall be noted opposite each such name in such column the words "no application." At the close of the polls the challenge list shall be signed and certified as true by each member of the respective district boards and returned to the superintendent of the county in a sealed envelope provided therefor.
If a person applying to vote is challenged and denied the right to vote because that person's name appears on a challenge list prepared by the superintendent of elections, that challenged voter may apply to a Superior Court judge sitting at the county seat for permission to vote, as provided in R.S.19:32-18.
The superintendent, concurrently with delivering the challenge lists, shall deliver to the commissioner a true copy, certified by him as correct, of each challenge list delivered by him pursuant to this section to each district board in municipalities having permanent registration.
The superintendent shall prepare duplicates of all challenge lists provided for in this section, and shall keep duplicate challenge lists on file in his office from the time of their preparation until the close of the third general election following their preparation. The original challenge lists shall also be kept on file for two years after the general election following their preparation. All such challenge lists shall be open to inspection by any citizen at any time the superintendent's office is open for business.
(cf: P.L.1991, c.249, s.7)
42. Section 8 of P.L.1973, c.83 (C.19:44A-8) is amended to read as follows:
8. a. (1) Each political committee shall make a full cumulative report, upon a form prescribed by the Election Law Enforcement Commission, of all contributions in the form of moneys, loans, paid personal services, or other things of value made to it and all expenditures made, incurred, or authorized by it in furtherance of the nomination, election or defeat of any candidate, or in aid of the passage or defeat of any public question, or to provide political information on any candidate or public question, during the period ending 48 hours preceding the date of the report and beginning on the date on which the first of those contributions was received or the first of those expenditures was made, whichever occurred first. The cumulative report, except as hereinafter provided, shall contain the name and mailing address of each person or group from whom moneys, loans, paid personal services or other things of value have been contributed since 48 hours preceding the date on which the previous such report was made and the amount contributed by each person or group, and where the contributor is an individual, the report shall indicate the occupation of the individual and the name and mailing address of the individual's employer. In the case of any loan reported pursuant to this subsection, the report shall contain the name and mailing address of each person who has cosigned such loan since 48 hours preceding the date on which the previous such report was made, and where an individual has cosigned such loans, the report shall indicate the occupation of the individual and the name and mailing address of the individual's employer. The cumulative report shall also contain the name and address of each person, firm or organization to whom expenditures have been paid since 48 hours preceding the date on which the previous such report was made and the amount and purpose of each such expenditure. The cumulative report shall be filed with the Election Law Enforcement Commission on the dates designated in section 16 hereof.
The campaign treasurer of the political committee reporting shall certify to the correctness of each report.
Each campaign treasurer of a political committee shall file written notice with the commission of a contribution in excess of $500 received during the period between the 13th day prior to the election and the date of the election, and of an expenditure of money or other thing of value in excess of $500 made, incurred or authorized by the political committee to support or defeat a candidate in an election, or to aid the passage or defeat of any public question, during the period between the 13th day prior to the election and the date of the election. The notice of a contribution shall be filed in writing or by telegram within 48 hours of the receipt of the contribution and shall set forth the amount and date of the contribution, the name and mailing address of the contributor, and where the contributor is an individual, the individual's occupation and the name and mailing address of the individual's employer. The notice of an expenditure shall be filed in writing or by telegram within 48 hours of the making, incurring or authorization of the expenditure and shall set forth the name and mailing address of the person, firm or organization to whom or which the expenditure was paid and the amount and purpose of the expenditure.
(2) When a political committee or an individual seeking party office makes or authorizes an expenditure on behalf of a candidate, it shall provide immediate written notification to the candidate of the expenditure.
b. (1) A group of two or more persons acting jointly, or any corporation, partnership, or any other incorporated or unincorporated association including a political club, political action committee, civic association or other organization, which in any calendar year contributes or expects to contribute at least $2,500.00 to the aid or promotion of the candidacy of an individual, or of the candidacies of individuals, for elective public office or the passage or defeat of a public question or public questions and which expects to make contributions toward such aid or promotion, or toward such passage or defeat, during a subsequent election shall certify that fact to the commission, and the commission, upon receiving that certification and on the basis of any information as it may require of the group, corporation, partnership, association or other organization, shall determine whether the group, corporation, partnership, association or other organization is a continuing political committee for the purposes of this act. If the commission determines that the group, corporation, partnership, association or other organization is a continuing political committee, it shall so notify that continuing political committee.
No person serving as the chairman of a political party committee or a legislative leadership committee shall be eligible to be appointed or to serve as the chairman of a continuing political committee.
(2) A continuing political committee shall file with the Election Law Enforcement Commission, not later than April 15, July 15, October 15 and January 15 of each calendar year, a cumulative quarterly report of all moneys, loans, paid personal services or other things of value contributed to it during the period ending on the 15th day preceding that date and commencing on January 1 of that calendar year or, in the case of the cumulative quarterly report to be filed not later than January 15, of the previous calendar year, and all expenditures made, incurred, or authorized by it during the period, whether or not such expenditures were made, incurred or authorized in furtherance of the election or defeat of any candidate, or in aid of the passage or defeat of any public question or to provide information on any candidate or public question.
The cumulative quarterly report shall contain the name and mailing address of each person or group from whom moneys, loans, paid personal services or other things of value have been contributed and the amount contributed by each person or group, and where an individual has made such contributions, the report shall indicate the occupation of the individual and the name and mailing address of the individual's employer. In the case of any loan reported pursuant to this subsection, the report shall contain the name and address of each person who cosigns such loan, and where an individual has cosigned such loans, the report shall indicate the occupation of the individual and the name and mailing address of the individual's employer. The report shall also contain the name and address of each person, firm or organization to whom expenditures have been paid and the amount and purpose of each such expenditure. The treasurer of the continuing political committee reporting shall certify to the correctness of each cumulative quarterly report.
Each continuing political committee shall provide immediate written notification to each candidate of all expenditures made or authorized on behalf of the candidate.
If any continuing political committee submitting cumulative quarterly reports as provided under this subsection receives a contribution from a single source of more than $500 after the final day of a quarterly reporting period and on or before a primary, general, [municipal,]school or special election which occurs after that final day but prior to the final day of the next reporting period it shall, in writing or by telegram, report that contribution to the commission within 48 hours of the receipt thereof, including in that report the amount and date of the contribution; the name and mailing address of the contributor; and where the contributor is an individual, the individual's occupation and the name and mailing address of the individual's employer. If any continuing political committee makes or authorizes an expenditure of money or other thing of value in excess of $500, or incurs any obligation therefor, to support or defeat a candidate in an election, or to aid the passage or defeat of any public question, after March 31 and on or before the day of the primary election, or after September 30 and on or before the day of the general election, it shall, in writing or by telegram, report that expenditure to the commission within 48 hours of the making, authorizing or incurring thereof.
A continuing political committee which ceases making contributions toward the aiding or promoting of the candidacy of an individual, or of the candidacies of individuals, for elective public office in this State or the passage or defeat of a public question or public questions in this State shall certify that fact in writing to the commission, and that certification shall be accompanied by a final accounting of any fund relating to such aiding or promoting including the final disposition of any balance in such fund at the time of dissolution. Until that certification has been filed, the committee shall continue to file the quarterly reports as provided under this subsection.
c. Each political party committee and each legislative leadership committee shall file with the Election Law Enforcement Commission, not later than April 15, July 15, October 15 and January 15 of each calendar year, a cumulative quarterly report of all moneys, loans, paid personal services or other things of value contributed to it during the period ending on the 15th day preceding that date and commencing on January 1 of that calendar year or, in the case of the cumulative quarterly report to be filed not later than January 15, of the previous calendar year, and all expenditures made, incurred, or authorized by it during the period, whether or not such expenditures were made, incurred or authorized in furtherance of the election or defeat of any candidate, or in aid of the passage or defeat of any public question or to provide information on any candidate or public question.
The cumulative quarterly report shall contain the name and mailing address of each person or group from whom moneys, loans, paid personal services or other things of value have been contributed and the amount contributed by each person or group, and where an individual has made such contributions, the report shall indicate the occupation of the individual and the name and mailing address of the individual's employer. In the case of any loan reported pursuant to this subsection, the report shall contain the name and address of each person who cosigns such loan, and where an individual has cosigned such loans, the report shall indicate the occupation of the individual and the name and mailing address of the individual's employer. The report shall also contain the name and address of each person, firm or organization to whom expenditures have been paid and the amount and purpose of each such expenditure. The treasurer of the political party committee or legislative leadership committee reporting shall certify to the correctness of each cumulative quarterly report.
If a political party committee or a legislative leadership committee submitting cumulative quarterly reports as provided under this subsection receives a contribution from a single source of more than $500 after the final day of a quarterly reporting period and on or before a primary, general, [municipal,]school or special election which occurs after that final day but prior to the final day of the next reporting period it shall, in writing or by telegram, report that contribution to the commission within 48 hours of the receipt thereof, including in that report the amount and date of the contribution; the name and mailing address of the contributor; and where the contributor is an individual, the individual's occupation and the name and mailing address of the individual's employer.
d. In any report filed pursuant to the provisions of this section the organization or committee reporting may exclude from the report the name of and other information relating to any contributor whose contributions during the period covered by the report did not exceed $200, provided, however, that (1) such exclusion is unlawful if any person responsible for the preparation or filing of the report knew that it was made with respect to any person whose contributions relating to the same election or issue and made to the reporting organization or committee aggregate, in combination with the contribution in respect of which such exclusion is made, more than $200 and (2) any person who knowingly prepares, assists in preparing, files or acquiesces in the filing of any report from which the identification of a contributor has been excluded contrary to the provisions of this section is subject to the provisions of section 21 of this act, but (3) nothing in this proviso shall be construed as requiring any committee or organization reporting pursuant to this act to report the amounts, dates or other circumstantial data regarding contributions made to any other organization or political committee, political party committee or campaign organization of a candidate.
Any report filed pursuant to the provisions of this section shall include an itemized accounting of all receipts and expenditures relative to any testimonial affairs held since the date of the most recent report filed, which accounting shall include the name and mailing address of each contributor in excess of $200 to such testimonial affair and the amount contributed by each; in the case of an individual contributor, the occupation of the individual and the name and mailing address of the individual's employer; the expenses incurred; and the disposition of the proceeds of such testimonial affair.
e. A political committee shall be exempt from any requirement to file reports pursuant to this section of contributions received or expenditures made in behalf of two or more joint candidates in any election if the committee files with the Election Law Enforcement Commission a sworn statement to the effect that the total amount to be expended on behalf of their candidacies shall not exceed $4,000.00; provided, that if a committee which has filed such a sworn statement receives contributions from any one source aggregating more than $200.00, it shall forthwith report that fact, including the name and mailing address of the source; where the source is an individual, the occupation of the individual and the name and mailing address of the individual's employer; and the aggregate total of contributions from the source to the commission. Any sworn statement under this subsection may be filed with the notice of designation by a political committee of a campaign treasurer and campaign depository under section 10 of P.L.1973, c.83 (C.19:44A-10), if that committee knows or has reason to believe, at the time when the notice of designation is given, that the total amount to be so expended shall not exceed $4,000.00.
(cf: P.L.1993, c.65, s.3)
43. R.S.19:45-1 is amended to read as follows:
19:45-1. All general elections, special elections, [municipal elections,]primary elections for general elections and primary elections for delegates and alternates to national conventions held in the state or in any of its political subdivisions shall be conducted at the expense of the state or its political subdivisions.
(cf: R.S.19:45-1)
44. R.S.19:49-4 is amended to read as follows:
19:49-4. a. (1) The officer or officers whose duty it may be under this subtitle to provide and furnish official ballots for any polling place where a voting machine is to be used shall also provide 2 sample ballots or more, or instruction ballots, which sample or instruction ballot shall be arranged in the form of a diagram showing such portion of the face of the voting machine as it will appear after the official ballots are arranged thereon or therein for voting on election day. Such sample or instruction ballots shall be open to the inspection of all voters on election day, in all elections where voting machines are used.
(2) For election districts in which the primary language of 10% or more of the registered voters is Spanish, the officer or officers whose duty it may be under this subtitle to provide and furnish official ballots for any polling place where a voting machine is to be used shall also provide 2 sample ballots or more, or instruction ballots, printed bilingually in English and Spanish. Such sample or instruction ballots shall be open to the inspection of all voters on election day, in appropriate election districts, in all elections where voting machines are used.
b. There shall be furnished a sufficient number of sample ballots printed entirely in black ink, a facsimile of the face of the machine, of a reduced size, one of which sample ballots shall be mailed to each registered voter, except that for election districts in which the primary language of 10% or more of the registered voters is Spanish, sample ballots printed bilingually in English and Spanish shall be mailed to each registered voter. Any reference to sample ballot envelopes in any section of this Title to the contrary notwithstanding, in all counties where voting machines are used and wherein the commissioner of registration has the facilities to mail out sample ballots direct to the registrants of such county and has elected so to do, as otherwise in this Title provided, the commissioner of registration in any such county may request the county clerk of such county to have the sample ballots prepared in the manner following:
(1) The county clerk shall have said sample ballots for all general and special elections printed in such manner that, when folded, the words "Official General Election Sample Ballot" or as the case may be, shall appear on the reverse side thereof, together with the words "In cases where the sample ballot is to be sent to an addressee who does not receive his mail by delivery to his home or through rural free delivery "if not delivered within 5 days return to the commissioner of registration' and in all other cases "if not delivered within 2 days return to the commissioner of registration.' Do not Forward. Return Postage Guaranteed" over the return address of the commissioner of registration. Such portion of the ballot may contain such additional words that conform with United States Postal regulations that will prevent such envelope from being forwarded to the voter at any other address than that appearing on the envelope, and that will cause such envelope to be returned to the commissioner of registration, with information thereon from the post office showing the reason for nondelivery.
(2) The county clerk in drawing the specifications for the printing of the official primary ballots shall include the requirement that the municipal clerks shall have primary sample ballots printed in such manner that, when folded, the words "Official Primary Election Sample Ballot" shall appear on the reverse side thereof, together with the words "In cases where the sample ballot is to be sent to an addressee who does not receive his mail by delivery to his home or through rural free delivery "if not delivered within 5 days return to the commissioner of registration' and in all other cases "if not delivered within 2 days return to the commissioner of registration.' Do Not Forward. Return Postage Guaranteed" over the return address of the commissioner of registration. Such portion of the ballot may contain such additional words that conform with United States Postal regulations that will prevent such envelope from being forwarded to the voter at any other address than that appearing on the envelope, and that will cause such envelope to be returned to the commissioner of registration, with information thereon from the post office showing the reason for nondelivery.
(3) Five sample ballots shall be posted as now required by law.
c. For all general and special elections the county clerk, and for all primary [and municipal] elections the municipal clerks, shall, at least 30 days preceding any such election, make the arrangements necessary to be made with the postmaster or postmasters in their respective counties and municipalities to have the said sample ballots mailed under the postal laws and regulations, and forthwith notify the said commissioner of registration in writing to that effect.
(cf: P.L.1974, c.30, s.14)
45. Section 10 of P.L.1992, c.3 (C.19:53B-1) is amended to read as follows:
10. a. The county clerk [or the municipal clerk, in the case of a municipal election,]shall prepare an emergency ballot box packet which shall include the appropriate number of emergency ballots, the appropriate number of pre-punched single-hole white envelopes, and two tally sheets, each with a carbon duplicate copy attached. The custodian of the voting machines shall prepare and place in each emergency ballot box an emergency ballot box packet and an envelope containing a numbered white seal and a numbered red seal. The envelope shall contain, on its face, the instructions for the use of the seals, the number and the election district location of the voting machine to which the ballot box is attached, and the identification numbers of the white and red seals that were placed in the envelope. The emergency ballot box shall be sealed with a numbered green security seal before being shipped to each election district as provided in R.S.19:48-6.
b. For the primary for the general election, the emergency ballots shall be printed on paper of a color that matches the color of the voting authority, which shall indicate the party primary of the voter. The emergency ballots shall be uniform in size, quality and type and of a thickness that the printing thereon cannot be distinguished from the back of the paper, and without any mark, device or figure on the front or back other than as provided in this amendatory and supplementary act, P.L.1992, c.3 (C.19:53B-1 et al.).
The clerk of the county [or municipality having custody of the emergency ballots] shall prepare each emergency ballot package with a minimum of 30 emergency ballots for each political party. If the clerk determines, based upon the number of registered voters with party affiliations, that an election district shall require more than 30 emergency ballots per party primary, additional emergency ballots shall be delivered to that election district.
c. For the general election the emergency ballots shall be printed on paper of the color of the voting authority. The emergency ballots shall be uniform in size, quality and type and of a thickness that the printing thereon cannot be distinguished from the back of the paper, and without any mark, device or figure on the front or back other than as provided in this amendatory and supplementary act.
The clerk of the county [or municipality] shall prepare each emergency ballot package with a minimum of 30 emergency ballots. If the clerk determines that an election district shall require more than 30 emergency ballots based on the number of registered voters, additional emergency ballots shall be delivered to that election district.
(cf: P.L.1992, c.3, s.10)
46. Section 2 of P.L.1953, c.211 (C.19:57-2) is amended to read as follows:
2. Whenever used in this act, the following terms shall, unless the context indicates otherwise, be construed to have the following meanings:
"Absentee ballot" means any military service ballot or civilian absentee ballot as herein defined.
"Absentee voter" means any person qualified to vote a military service ballot or a civilian absentee ballot under the provisions of this act.
"Armed Forces of the United States" means any branch or department of the United States Army, Navy, Air Force, Coast Guard or Marine Corps.
"Civilian absentee ballot" means a ballot for use by a civilian absentee voter as prescribed by this act.
"Civilian absentee voter" means any qualified and registered voter of the State who expects to be absent from the State on the day of any election and any qualified and registered voter who will be within the State on the day of any election but because of illness or physical disability, including blindness or pregnancy, or because of the observance of a religious holiday pursuant to the tenets of his religion, or because of resident attendance at a school, college or university, or because of the nature and hours of his employment, will be unable to cast his ballot at the polling place in his election district on the day of the election.
"Election," "general election," "primary election for the general election,"["municipal election,"]"school election" and "special election" shall mean, respectively, such elections as defined in the Title to which this is a supplement (R.S.19:1-1 et seq.).
"Family member" means an adult who is a spouse, parent, child, grandparent, grandchild or sibling of a voter, whether by adoption or natural relationship. It shall also include any adult occupant regularly living with a voter in any residential building or part of a building intended for the use of no more than one family.
"Incapacitated absentee voter" means a voter who, due to incapacity, is unable to complete his ballot.
"Military service" means active service by any person, as a member of any branch or department of the United States Army, Navy, Air Force, Coast Guard or Marine Corps, or as a member of the maritime or merchant marine service, or as a reservist absent from his place of residence and undergoing training under Army, Navy, Air Force, Coast Guard or Marine Corps direction, at a place other than that of such person's residence.
"Military service voter" means a qualified elector under the Constitution and the laws of this State who comes within one of the following categories:
(a) Persons in the military service and their spouses and dependents.
(b) Patients in a veterans' hospital located in any place other than the place of their residences who have been in the military service in any war in which the United States has been engaged and have been discharged or released from such service.
(c) Civilians attached to or serving with the Armed Forces of the United States without this State and their spouses and dependents when residing with or accompanying them.
"Military service ballot" means a ballot for use by a military service voter as prescribed by this act.
"Member of the maritime or merchant marine service" means any person employed as an officer or crew member of a vessel documented under the laws of the United States, or a vessel owned by the United States, or a vessel of foreign-flag registry under charter to or control of the United States or enrolled with the United States for employment or training for employment, or maintained by the United States for emergency relief service as an officer or crew member of any such vessel or any such person as otherwise defined in section 107 of Pub.L. 99-410, the "Uniformed and Overseas Citizens Absentee Voting Act," (42 U.S.C.§1973ff-6).
(cf: P.L.1995, c.278, s.22)
47. Section 7 of P.L.1953, c.211 (C.19:57-7) is amended to read as follows:
7. The county clerk of the county, in the case of any Statewide election, countywide election, or school election in a regional or other school district comprising more than one municipality; [the clerk of the municipality, in the case of any municipal election;]or school election in a school district comprising a single municipality; and the commissioners or other governing or administrative body of the district, in the case of any election to be held in any fire district, road district, sewerage district, street lighting district, water supply district or other special district, other than a municipality, created for specified public purposes within one or more municipalities, shall publish or cause to be published the following notices in substantially the following forms:
NOTICE TO MILITARY SERVICE VOTERS AND
TO THEIR RELATIVES AND FRIENDS
If you are in the military service, or the spouse or dependent of a person in military service or are a patient in a veterans' hospital or a civilian attached to or serving with the Armed Forces of the United States without the State of New Jersey, or the spouse or dependent of and accompanying or residing with a civilian attached to or serving with the Armed Forces of the United States, and desire to vote, or if you are a relative or friend of any such person who, you believe, will desire to vote in the ..................................... (school, [municipal,]primary, general or other) election to be held on ......................... (date of election) kindly write to the undersigned at once making application for a military service ballot to be voted in said election to be forwarded to you, stating your name, age, serial number if you are in military service, home address and the address at which you are stationed or can be found, or if you desire the military service ballot for a relative or friend then make application under oath for a military service ballot to be forwarded to him, stating in your application that he is over the age of 18 years and stating his name, serial number if he is in military service, home address and the address at which he is stationed or can be found.
Military service voters may also apply for a military service ballot by sending a federal postcard application form to the undersigned.
On the application for a military service ballot, military service voters may request that a military service ballot be sent for all subsequent elections held during this calendar year.
(NOTE: MILITARY SERVICE VOTER CLAIMING MILITARY STATION AS HOME ADDRESS FOR VOTING PURPOSES MAY NOT USE MILITARY ABSENTEE BALLOT UNLESS REGISTERED TO VOTE IN THE MUNICIPALITY WHERE SUCH STATION IS LOCATED.)
Forms of application other than federal postcard application forms can be obtained from the undersigned. Dated ............... ......................................
(signature and title of county clerk)
......................................
(address of county clerk)
NOTICE TO PERSONS DESIRING CIVILIAN ABSENTEE BALLOTS
If you are a qualified and registered voter of the State who expects to be absent outside the State on ...............(date of election) or a qualified and registered voter who will be within the State on ........................... (date of election) but because of permanent and total disability, or because of illness or temporary physical disability, or because of the observance of a religious holiday pursuant to the tenets of your religion, or because of resident attendance at a school, college, or university, or because of the nature and hours of employment, will be unable to cast your ballot at the polling place in your district on said date, and you desire to vote in the ......................... (school [municipal,] primary, general, or other) election to be held on ................. (date of election) kindly complete the application form below and send to the undersigned, or write or apply in person to the undersigned at once requesting that a civilian absentee ballot be forwarded to you. Such request must state your home address, and the address to which said ballot should be sent, and must be signed with your signature, and state the reason why you will not be able to vote at your usual polling place. No civilian absentee ballot will be furnished or forwarded to any applicant unless request therefor is received not less than seven days prior to the election, and contains the foregoing information.
Voters who are permanently and totally disabled shall, after their initial request and without further action on their part, be forwarded an absentee ballot application by the county clerk for all future elections in which they are eligible to vote. Application forms may be obtained by applying to the undersigned either in writing or by telephone, or the application form provided below may be completed and forwarded to the undersigned. Dated ................. ....................................
(signature and title of county clerk)
....................................
(address of county clerk)
....................................
(Telephone No. of county clerk)
APPLICATION FORM FOR CIVILIAN
ABSENTEE BALLOT
(Form to be prepared by the Secretary of State pursuant
to section 17 of P.L.1977, c.47 (C.19:57-4.1)).
Such notices shall be separately published prior to the 50th day immediately preceding the holding of any election.
Notices relating to any Statewide or countywide election shall be published by the county clerk in at least two newspapers published in the county. All other officials charged with the duty of publishing such notices shall publish the same in at least one newspaper published in each municipality or district in which the election is to be held or if no newspaper be published in said municipality or district, then in a newspaper published in the county and circulating in such municipality, municipalities or district. All such notices shall be display advertisements.
(cf: P.L.1995, c.278, s.23 )
48. Section 1 of P.L.1995, c.278 (C. ) is amended to read as follows:
1.a. An annual school election shall be held in each type II district on the [third] Tuesday [in April. However, in any school year, the Commissioner of Education shall make any adjustments to the school budget and election calendar which may be necessary to change the annual school election date if that date coincides with a period of religious observance. The commissioner shall inform local school boards, county clerks and boards of elections of these adjustments no later than the first working day in January of the year in which the adjustments are to occur] next after the first Monday in June.
b. All school elections shall be by ballot and, except as otherwise provided by P.L.1995, c.278 (C. et al.), shall be conducted in the manner provided for general elections pursuant to Title 19 of the Revised Statutes. No grouping of candidates or party designation shall appear on any ballot to be used in a school election.
c. If two or more qualified candidates receive an equal number of votes in an election, they shall draw lots to determine which one shall be elected.
(cf: P.L.1995, c.278, s.1)
49. Section 2 of P.L.1995, c.278 (C. ) is amended to read as follows:
2. a. The board of education of a type II district may call a special election of the legal voters of the district at any time when in its judgment the interests of the schools require it, or whenever 50 of the legal voters shall by petition so request, but no special school election shall be called to be held in any municipality [on any day within 20 days before or after the day fixed according to law for the holding of any primary election for the general election or municipal or general election, and no more than two special school elections shall be called by any board of education within any period of six months] to submit to the legal voters of the district for their adoption or rejection any proposal, resolution or question authorizing the issuance of bonds of the district[, for the same purpose] on any day other than the day fixed for the holding of the general election, unless the Commissioner of Education shall first have certified in writing the necessity therefor.
b. No business relative to the school district shall be transacted at any special election except such as shall have been set forth in the notices by which the election was called and in the notices of any special election, called upon petition as foresaid, there shall be inserted the purposes named in the petition so far as the same are not in conflict with the provisions of Title 18A of the New Jersey Statutes.
(cf: P.L.1995, c.278, s.2)
50. R.S.40:12-11 is amended to read as follows:
40:12-11. Upon petition to the governing body of the municipality or county signed by electors of the municipality or county equal in number to fifteen per cent of the votes cast therein at the last preceding general election, filed [thirty] no later than 54 days before a general [or special] election, or upon resolution of the governing body of the municipality or county of their own motion, a proposition in substantially the following form shall be submitted and placed upon the ballot at such ensuing [municipal or county] general election.
(cf: R.S.40:12-11)
51. Section 15 of P.L.1972, c.154 (C.40:41A-15) is amended to read as follows:
15. If the charter study commission shall have recommended the adoption of one of the optional forms of government authorized by articles 3 to 6 inclusive, of this act, the county clerk shall cause a referendum question conforming with the requirements of section 16 to be placed upon the ballot at [such time and in such form as the commission shall in its report specify. The commission may specify that the question be submitted at] the general election occurring not less than 60 days next following the filing of the commission's report with the county clerk[, or, if there be no general election within 120 days next following the filing of its report, then at a special election occurring not less than 60 days or more than 120 days next following such filing of the report]. At such election, the referendum question shall appear on the ballot in the same manner as other public questions are printed on the ballot. If the charter study commission shall have prepared an interpretive statement to accompany such question, such interpretive statement shall immediately precede the referendum question on the ballot.
(cf: P.L.1972,c.154,s.15)
52. Section 21 of P.L.1972, c.154 (C.40:41A-22) is amended to read as follows:
21. The county clerk shall cause the question to be submitted at the general election occurring not less than 60 days next following the filing of the petition[, or, if there be no general election with 120 days next following the filing of the petition, then at a special election occurring not less than 60 days and not more than 120 days next following the filing of such petition]. At such election, the referendum question shall appear on the ballot in the same manner as other public questions are printed on the ballot.
(cf: P.L.1972,c.154,s.21)
53. Section 88 of P.L.1972, c.154 (C.40:41A-88) is amended to read as follows:
88. Any elective officer shall be subject to removal from office for cause connected with his office, after he has served at least 1 year, upon the filing of a recall petition and the affirmative vote of a majority of those voting on the question of removal at any primary or general[, regular county or special] election.
(cf: P.L.1972, c.154, s.88)
54. Section 91 of P.L.1972, c.154 (C.40:41A-91) is amended to read as follows:
91. If the petition shall be sufficient the county clerk shall within 2 days notify the official whose recall is sought thereby. If such notice cannot be served personally upon the official affected, service may be made by registered mail addressed to the officer's last known address. If within 5 days after the service of the notice by the county clerk the official sought to be recalled by such petition does not resign or, having tendered his resignation, it shall not have been accepted by the board of freeholders, the county clerk shall [order and] fix [a] the date for holding a recall election [not less than 60 nor more than 90 days from the filing of the petition] at the primary or general election next occurring nearest to the date of the filing of the petition. Notice of the filing of the petition and of the date of the election shall be posted for public view in the office of the county clerk and he shall also publish the notice forthwith in the manner provided by section 142 of this act.
(cf: P.L.1972 ,c.154, s.91)
55. Section 112 of P.L.1972, c.154 (C.40:41A-112) is amended to read as follows:
112. Any ordinance to be voted on by the voters in accordance with sections 104 through 116 of this act shall be submitted at the next general [or regular county] election occurring not less than 60 days after the date of final action by the board or the expiration of the time allowed for action by board in section 111 of this article, as the case may be[, provided that if no such election is to be held within 90 days the board may in its discretion provide for a special election].
(cf: P.L.1972, c.154, s.12)
56. R.S.40:43-4 is amended to read as follows:
40:43-4. Whenever a petition praying for the change of name of any municipality and specifying the name proposed for adoption shall be signed by at least 30% of the legal voters therein who voted at the last preceding general election, and be filed in the office of the clerk of such municipality, such proposed change of name shall be submitted to the voters at the first general election occurring in such municipality not less than 60 days after the filing of such petition[, or at a special election, as shall be determined by resolution of the governing body, to be held in the municipality not less than 60 days after the filing of such petition]. The clerk of such municipality shall advertise that [said] the change of name will be voted upon at such election [in the same manner as municipal elections are advertised], and the question of the change of name shall be printed upon the ballots and voted upon at such election in accordance with the general laws relating to elections[, except that the governing body may conduct a special election at the same hours and polling places used in the most recent school election held in accordance with N.J.S. 18A:14-1 et seq].
(cf: P.L.1981, c.169, s.1)
57. R.S.40:43-14 is amended to read as follows:
40:43-14. On the filing with the county clerk of a copy of the act of incorporation of such newly created municipality, certified under the hand and seal of the secretary of state, the county board of elections of the county in which such newly created municipality is located, upon the application of any legal voter in such municipality, shall prescribe and define the boundaries of such election districts as may, in their opinion, be necessary in said municipality, and said board shall also appoint the time, place or places, and determine the manner of holding the first election within the newly created municipality for the election of officers therein, which election shall be on the day of the general election, and the time or times, place or places, and the manner of registering the voters for such election. Said election shall be held and conducted in accordance with the general law relating to elections in this state.
Said county board of elections shall act in the place of all municipal officers and shall perform all the duties imposed by law upon municipal clerks and other officers, and also any and all other acts for the holding of said election of municipal officers in such municipality according to law.
The statement of the result of said first election duly certified by the county board of elections, shall be filed in the office of the clerk of the county within five days after such election.
The [reasonable cost of the booths or compartments, the preparation of registry or poll lists, and the conduct and holding of said election as above provided, shall be borne by the] newly created municipality shall bear such costs as may be deemed reasonable for holding the election.
All acts and proceedings of the county board of election under the authority of this subtitle, shall be by resolution, a copy of which, duly certified under their hands, shall forthwith, after the adoption of the same, be filed in the office of the clerk of the county in which the newly created municipality is located.
(cf: R.S.40:43-14)
58. Section 7 of P.L.1977, c.435 (C.40:43-66.41) is amended to read as follows:
7. If, within 1 year after the date on which the first ordinance, pursuant to section 5 of this act, or the first petition, pursuant to section 6 of this act, is filed with the clerk of the county, either an ordinance or a certified petition is transmitted to the county clerk by each of the other municipalities named in the first such ordinance or petition, the question of forming a consolidation commission shall be submitted to the voters of each of the municipalities named in such ordinances or petitions in the following form:
"Shall a joint municipal consolidation study commission be formed to study the feasibility of consolidating (insert the names of each of the municipalities named in such ordinances or petitions) into a single new municipality, to study the question of the form of government under which such new municipality should be governed, to study the feasibility of consolidating the local school districts of the aforesaid municipalities, and to make recommendations thereon; or, in the alternative, to make recommendations on the consolidation of certain municipal services?"
The question shall be submitted to the voters of each municipality so named in the ordinances or petitions on the date for the next general election [or on the date for the next regular municipal election, whichever shall first occur] occurring at least 60 days after the date of the filing with the county clerk of the final ordinance or petition necessary to require the submission of the question to the voters. Nothing herein contain shall be construed to prevent the submission of the question of forming a consolidation commission to the voters of the municipalities named in any combination of such ordinances and petitions, provided that such ordinances and petitions are substantively similar.
(cf: P.L.1977, c.435, s.7)
59. Section 25 of P.L.1977, c.435 (C.40:43-66.59) is amended to read as follows:
25. If the commission recommends the submission of the question of consolidation to the voters, the municipal clerk of each participating municipality shall cause the question of consolidation to be submitted to the registered voters of each participating municipality on the date for the next general [or municipal] election[, whichever shall occur sooner]. At that election, the question shall be submitted in the same manner as other public questions in each such municipality, and in the following form or such part thereof as shall be applicable:
"Shall (insert the names of the participating municipalities) be consolidated into a single municipality to be known as (insert name and type of municipality) and governed under (insert alternative a., b., c., d., or e. below, as may be appropriate)?"
(a. the present plan or form of government of (insert name of appropriate municipality) and (if appropriate) providing for a division of the municipality into (insert number) wards, with (insert number) (insert title of members of governing body) to be elected from each ward and (insert number) to be elected at large);
(b. a special charter to be enacted by the Legislature as recommended by the consolidation commission);
(c. the (insert name of plan) of the "Optional Municipal Charter Law," providing for a division of the municipality into (insert number) wards, with (insert number) councilmen, (one to be elected from each ward and (insert number) to be elected at large));
(d. the commission form of government to be adopted pursuant to chapters 70 to 76 of Title 40 of the Revised Statutes (R.S. 40:70-1 et seq.)); or,
(e. the municipal manager form of government to be adopted pursuant to chapters 79 to 85 of Title 40 of the Revised Statutes (R.S. 40:79-1 et seq.)).
[] For Consolidation [] Against Consolidation
(cf: P.L.1977, c.435, s.25)
60. R.S.40:45-1 is amended to read as follows:
40:45-1. [Except as hereinafter provided in section 40:45-2 of this title, all municipal or charter] All elections shall be held and all officers required to be elected in any municipality[, except officers first elected in newly created municipalities,]shall be voted for and elected on the first Tuesday after the first Monday in November in each year, and with the same registration and upon the same official ballots required by law for the election of state and county officers. The ballots so voted shall be canvassed and the result of any such election shall be determined as provided by law in the case of county officials, and certified to the clerks of the respective municipalities[; it being the intention hereby to consolidate the municipal or charter elections in municipalities with the general or state elections].
(cf: R.S.40:45-1)
61. R.S.40:45-3 is amended to read as follows:
40:45-3. In every case in which a referendum vote of the legal or qualified voters of a municipality is authorized by law such vote [may] shall be taken at [a special election to be held in such municipality on a day to be specified in a resolution of the governing body thereof. When such a resolution shall be adopted by the governing body specifying a day for the special election, and notice thereof shall be given to the proper officer, he shall cause notice of the special election to be published once in a newspaper published or circulating in the municipality at least ten days before the election.
The election] a general election and shall be held, conducted and canvassed [as other elections in the municipality, and the same shall be as valid and effectual as if the vote had been taken at a general election where so provided and all subsequent proceedings may be taken as if the vote had been taken at a general election] in accordance with the provisions of Title 19 of the Revised Statutes.
(cf: R.S.40:45-3)
62. R.S.40:45-4 is amended to read as follows:
40:45-4. When there exists in this state any municipality or any district or subdivision thereof[, except school districts,]whose inhabitants or legal voters are authorized or required to meet annually for the purpose of voting appropriations of money for any purpose, to be raised by taxation, such annual meeting, [unless now provided by law to be held between January first and March first,] shall be held on the [third Saturday in February] first Tuesday after the first Monday in November, so that appropriations so voted may be certified to the county board of taxation on or before [March] December first.
(cf: R.S.40:45-4)
63. 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] Elections shall be held in each municipality governed by this act on the [second] first Tuesday [in May] after the first Monday in November 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)
64. Section 4 of P.L.1981, c.379 (C.40:45-8) is amended to read as follows:
40:45-8. On or before the 59th day prior to a [regular municipal] general election, the names of candidates for all elective offices shall be filed with the municipal clerk, in the following manner and form and subject to the following conditions:
a. The petition of nomination shall consist of individual certificates, equal in number to at least 1%, but in no event less than 25, of the registered voters of the municipality or the ward, as the case may be, and shall read substantially as follows:
"I, the undersigned, a registered voter of the municipality of .............., residing at ..................................... certify that I do hereby join in a petition of the nomination of .................................. whose residence is at .................................................. for the office of mayor (or councilman-at-large, or ward councilman of the ............ ward, or commissioner, or village trustee, as the case may be) to be voted for at the election to be held in the municipality on the ............, 19......., and I further certify that I know this candidate to be a registered voter, for the period required by law, of the municipality (and the ward, in the case of ward councilman) and a person of good moral character, and qualified, in my judgment, to perform the duties of the office, and I further certify that I have not signed more petitions or certificates of nomination than there are places to be filled for the above office.
Signed ......................................................... ."
Any such petition of nomination which is provided to candidates by the municipal clerk shall contain the following notice: "Notice: All candidates are required by law to comply with the provisions of the "New Jersey Campaign Contributions and Expenditures Reporting Act." For further information, please call (insert phone number of the Election Law Enforcement Commission)."
b. Each petition signature shall be on a separate sheet of paper and shall bear the name and address of the petitioner. The candidate for office and his campaign manager shall make an oath before an officer competent to administer oaths that the statements made therein are true, and that each signature to the papers appended thereto is the genuine signature of the person whose name it purports to be, to their best knowledge and belief. The oath, signed by the candidate, shall constitute his acceptance of nomination and shall be annexed to the petition, together with the oath of his campaign manager, at the time the petition is submitted.
c. The municipal clerk shall immediately provide the Election Law Enforcement Commission with official certification of the filing or withdrawal of a petition of nomination.
(cf: P.L.1985,c.92,s.34)
65. Section 7 of P.L.1981, c.379 (C.40:45-11) is amended to read as follows:
7. No person shall accept nomination for more than one municipal office to be voted for at a [regular municipal] general election to be held under this act.
(cf: P.L.1981, c.379, s.7)
66. Section 12 of P.L.1981, c.379 (C.40:45-16) is amended to read as follows:
12. The district boards of registry and election shall, immediately upon the closing of the polls, count the ballots and ascertain the number of votes cast in the election district for each of the candidates [in the manner provided by law for the general election], and return the numbers to the municipal clerk immediately upon the completion of the count, upon proper blanks to be furnished by the clerk. In counties having a superintendent of elections one of the returns shall be made available immediately to the superintendent of elections. [The superintendent may arrange to accept the statement of returns in each municipality within the county at the office of the clerk of the municipality or some other convenient place. On the day following the municipal election, the municipal clerk shall canvass all returns received from the election districts and the absentee ballots, and immediately make and file in his office the result thereof. The canvass by the municipal clerk shall be publicly made.]
(cf: P.L.1981, c.379, s.12)
67. Section 13 of P.L.1981, c.379 (C.40:45-17) is amended to read as follows:
13. At the [regular municipal] general election in any municipality which has adopted this act, the candidates receiving the greatest number of votes cast shall be elected to the respective offices. Except as otherwise provided by law, the term of office of any officer elected pursuant to this act shall begin on [July 1] January 1 next following election.
(cf: P.L.1983, c.183, s.3)
68. Section 15 of P.L.1981, c.379 (C.40:45-19) is amended to read as follows:
15. In any [regular municipal] general election held under section 14 of P.L.1981, c.379 (C.40:45-18), if [a sufficient number of candidates do not receive a majority of the votes cast to elect the required number of councilmen-at-large (or commissioners, or village trustees) or no candidate for mayor or no candidate for ward councilman receives a majority of the votes cast for his respective office, a run-off election in the municipality or ward, as the case may be, shall be held on the fourth Tuesday next following that municipal election; unless in any year that Tuesday shall be the date upon which a primary election shall be held, in which case the run-off election shall be held on the fifth Tuesday next following the municipal election.
At the run-off election, the candidates for councilman-at-large (or commissioner, or village trustee) shall be those candidates not elected at the regular municipal election who received the greatest number of votes at that election, but the candidates shall be equal in number to twice the number of councilmen-at-large (or commissioners, or village trustees) remaining to be elected. The candidates for mayor or ward councilmen at the run-off election shall be the two candidates for the office who received the greatest number of votes at the regular municipal election. Military service ballots shall be printed and distributed for the run-off election in the same manner, so far as possible, as for other municipal elections.
The candidate or candidates who receive the greatest number of votes at the run-off election shall be elected to the office or offices to be filled. If] two or more candidates shall be equal and greatest in votes for any of the purposes of this section, they shall draw lots to determine which one shall [enter the run-off election, or] be elected[, as the case may be.
If any candidate to be voted for at the run-off election dies seven or more days prior to the run-off election, the candidate for the office not theretofore included in the run-off election, but next highest in number of votes for that purpose shall be substituted at the run-off election in the place of the deceased candidate and his name shall be substituted on the ballots for that of the deceased candidate].
(cf: P.L.1995, c.97, s.3)
69. Section 14 of P.L.1950, c.211 (C.40:46-52) is amended to read:
14. The qualified voters of any municipality may adopt this act at any [regular municipal or] general election [or at any election at which they vote on the adoption of any of the optional forms of government provided by the Optional Municipal Charter Law].
Upon recommendation of a charter commission constituted pursuant to the Optional Municipal Charter Law or upon petition in writing of ten per centum (10%) of the registered voters of a municipality filed with the municipal clerk, the clerk shall submit the question to the voters. [If there is an election pending on the adoption of one of the said optional forms of government not less than sixty days after the filing of the petition or recommendation of the charter commission, the clerk shall submit the question at said election. If no such election of an optional form of government is pending the] The clerk shall submit the question of the adoption of this act at the next [regular municipal or] general election to be held not less than sixty days after the filing of the petition or the recommendation of the charter commission. [In any case he] The clerk shall give public notice of the submission of the question by publication in one or more newspapers published in the municipality, if there be one published in the municipality; if not, then in one or more newspapers published in the county in which the municipality is located, to be designated by the clerk, once a week for at least four weeks, and by posting such notice in five of the most public places in the municipality for at least four weeks before the election. The question of adoption of this act shall be submitted as other public questions, and shall be stated as follows: Shall the Optional Municipal Key Positions Act be adopted by (insert name of municipality)?
(cf: P.L.1950, c.211, s.14)
70. Section 11 of P.L.1947, c.71 (C.40:48-8.25) is amended to read as follows:
11. Any ordinance adopted pursuant to the provisions of this act shall, before the same becomes operative, be submitted by the governing body of the municipality to the electors thereof at any general election[,]or at any primary election[, or at a special municipal election held for that purpose]. Such ordinance shall provide for and fix the time of the holding of such election, of which the municipal clerk shall give notice by causing the same to be published in a newspaper or newspapers circulating in such municipality. [The municipal clerk shall likewise prepare the ballots for use in said election.] Such election shall be conducted by the respective district boards of registry and election in such municipality, and the canvass and return thereof shall be made in the same manner and subject to the same election procedure now governing general [or special] elections.
(cf: P.L.1947, c.71, s.11)
71. R.S.40:48-18 is amended to read as follows:
40:48-18. The governing body of any municipality may by contract join with the board of chosen freeholders of the county in which it is located or with the governing body or bodies of any other municipality or municipalities or with the board of chosen freeholders of the county and the governing body or bodies of any other municipality or municipalities within the county or adjoining such county or of any district, to acquire or construct any public improvement or works, do any act, maintain any department or render any service which any such municipality or county or district is empowered to acquire, construct, do, maintain or render.
No municipality under any such contract may acquire, construct, maintain or operate any property or service defined as a "public utility" by section 48:2-13 of the title Public Utilities, until a majority of the legal voters in the municipality affected voting at an election advertised, held on the day of a general election and conducted in accordance with the laws relating to [elections] such an election, shall vote in favor of the proposition: "Shall the municipality of acquire (or construct, as the case may be), and maintain and operate a (here insert brief description of the public utility proposed to be established or operated)?"
(cf: R.S.40:48-18)
72. R.S.40:49-10 is amended to read as follows:
40:49-10. Any proposition submitted to the voters of any municipality under the provisions of section 40:49-9 or of section 40:49-27 of this title shall be voted upon at the next general election held in the municipality at least thirty days after the filing of the protest or protests herein provided for[, unless the governing body thereof shall call a special election therefor. Such special election shall be conducted and canvassed by the same officers and in the same manner as nearly as may be as prescribed by the laws regulating general elections]. The proposition to be voted upon shall be stated on the ballots in substantially the following form:
"To vote upon the public question printed below if in favor thereof mark a cross (X) or plus (+) in the square at the left of the word YES, and if opposed thereto mark a cross (X) or plus (+) in the square at the left of the word NO.
"Shall an ordinance of the .................
[]YES (name of governing body) of the........ of
........ (name of municipality)
[]NO entitled .................. (title of ordinance
and date of passage) be ratified?"
(cf: R.S.40:49-10)
73. Section 2 of P.L.1956, c.168 (C.40:50-15) is amended to read as follows:
2. If the question of making the purchase provided for by the contract to be abrogated had been submitted to the voters of the municipality for approval or ratification then, and in that event, the ordinance providing for the abrogation of said contract shall not be effective unless and until such abrogation has been authorized by the legal voters of the municipality at a [special or] general election in said municipality held in accordance with the procedure provided for in sections 40:62-3 to 40:62-5 of the Revised Statutes.
(cf: P.L.1956, c.168, s.2)
74. R.S.40:54-2 is amended to read as follows:
40:54-2. No such library shall be established in any municipality unless assented to by a majority of the legal voters of the municipality, at [an] a general election, [general or special,]at which the question of the adoption of this article shall be submitted to vote by direction of the governing body.
(cf: R.S.40:54-2)
75. R.S.40:54-3 is amended to read as follows:
40:54-3. The municipal clerk shall cause public notice of such general [or special] election to be given by advertisement, signed by himself and set up in at least five public places in the municipality for at least ten days previous to the date of such election and published for the same period in two newspapers printed or circulating therein.
(cf: R.S.40:54-3)
76. R.S.40:54-7 is amended to read as follows:
40:54-7. Where any municipality shall vote against the establishment of a free public library such vote shall not preclude the holding of another election, on the day of a general [or special] election, to vote for or against the adoption of the provisions of this article.
(cf: R.S.40:54-7.)
77. R.S.40:60-46 is amended to read as follows:
40:60-46. Whenever in any municipality bordering on the Atlantic ocean, owning and operating a public casino, playground and bathing establishment, the owners of property therein, representing two-thirds in amount of its ratables, shall file in the office of the clerk of the governing body, a petition requesting the governing body to submit to the voters of the municipality at an election to be held for that purpose, the proposition of leasing the public casino, playgrounds and bathing establishment, the governing body shall submit the proposition to the vote of the electors of the municipality at the general election held therein at least thirty days after the filing of the petition [unless the governing body shall call a special election therefor].
(cf: R.S.40:60-46)
78. R.S.40:60-51 is amended to read as follows:
40:60-51. The ordinance provided in section 40:60-50 of this title shall become operative ten days after the publication thereof after its final passage, unless within said ten days a protest or protests against making such conveyance or dedication shall be filed in the office of the municipal clerk signed by taxpayers representing ten per cent in amount of the assessed valuation of such municipality whose names appear on the last preceding assessment roll thereof, in which case such ordinance shall remain inoperative until a proposition for the ratification thereof shall be adopted at an election to be held for that purpose by a majority of the qualified voters of the municipality voting on such proposition. The certificate of the municipal clerk filed in his office as to the filing or sufficiency of any protest or protests shall be conclusive for the purposes of this section. At least ten days before the election, notice thereof shall be published once in a newspaper published in such municipality, or if no newspaper is published therein, then in a newspaper published in the county and circulating in the municipality.
Any proposition submitted to the voters of any municipality under the provisions of this section and said section 40:60-50 shall be voted upon at the next general election held in the municipality at least thirty days after the filing of the protest or protests herein provided for[, unless the governing body thereof shall call a special election therefor. Any such special election shall be conducted and canvassed by the same officers and in the same manner as near as may be prescribed by the laws regulating general elections]. The proposition shall be stated on the ballots in substantially the following form: "Shall an ordinance of the (name of governing body) of the of (name of municipality) entitled (title of ordinance and date of passage), be ratified?" "Yes." "No."
The governing body of such municipality shall adopt a resolution declaring the result of the election, which resolution shall be published once in the manner provided above for the notice of election. No action, suit or proceeding to contest the validity of such election shall be instituted after the expiration of twenty days from the date of publication of the resolution declaring the result thereof.
(cf: R.S.40:60-51)
79. Section 3 of P.L.1951, c.280 (C.40:62-105.3) is amended to read as follows:
3. On the [third Saturday in February] Tuesday next after the first Monday in November after the creation of any such district the legal voters thereof shall meet and determine the amount of money to be raised for the ensuing year, and elect a board of water commissioners, to consist of five persons resident in such district.
(cf: P.L.1951, c.280, s.3)
80. Section 5 of P.L.1951, c.280 (C.40:62-105.5) is amended to read as follows:
5. Whenever a vacancy occurs the board may elect a member to fill the vacancy until the next succeeding general election at which time the voters of such district shall elect some person resident therein to fill such vacancy for the unexpired term only.
(cf: P.L.1951,c.280,s.5)
81. Section 6 of P.L.1951, c.280 (C.40:62-105.6) is amended to read as follows:
6. An election shall be held annually in each water district on the [third Saturday in February] Tuesday next after the first Monday in November at which the legal voters shall elect members of the board of water commissioners to fill the offices of those whose terms expire in such year, determine the amount of money to be raised for the ensuing year, and vote upon any other proposition submitted to such voters according to law.
(cf: P.L.1951,c.280,s.6)
82. Section 11 of P.L.1951, c.280 (C.40:62-105.11) is amended to read as follows:
11. Such petition shall be filed at least [five] 54 days before the date of the annual election for members of the board of water commissioners.
(cf: P.L.1951, c.280, s.11)
83. Section 31 of P.L.1951, c.280 (C.40:62-105.31) is amended to read as follows:
31. The water commissioners shall cause a resolution authorizing the issuance of bonds for the purposes specified in section 30 of this act to be submitted to the legal voters of such water district. Such resolution shall be written or printed on notices together with a statement of the time and place where the meeting of such legal voters will be held and the purpose and object thereof. The time and place for the holding of such election shall be the same as the annual election of water commissioners and for the appropriation of moneys for water purposes in said district[, or a special election may be called for the purpose]. Not less than 10 notices of such meeting shall be posted by the clerk of the water commissioners at least 10 days before the date thereof in such manner and in such public places as he shall deem best for the purpose of giving notice of said meeting, and the board of water commissioners and the clerk shall also cause notices to be printed as an advertisement in a paper published in the district if there be one, and if not, in a paper published within the county where the district is located and circulating in said district. [In case a special election is called, at least 10 notices of such election shall be posted at least 21 days before the date of such election, and in addition the clerk shall cause said notice to be published at least twice before said election is held, in a newspaper published in the district, if there be one, and if not, in a newspaper published in the township or county where the district is located and circulating in said district.]
(cf: P.L.1977, c.170, s.2)
84. Section 1 of P.L.1967, c.184 (C.40:68-27) is amended to read as follows:
1. Whenever any section or portion of a municipality which borders on tidal waters is threatened by flooding, the governing body of such municipality may provide by ordinance for the creation and establishment in the municipality, within designated boundaries, of a beach erosion control district (herein referred to as the district), which district shall consist of such lands which are or may be threatened by flooding as the governing body in its discretion shall determine to be practical or convenient to include within such district.
In addition to the notice required to be published pursuant to the provisions of 40:49-2 of the Revised Statutes of any such ordinance, notices shall also be posted at not less than 2 public places within the district proposed to be created by said ordinance setting forth the date of the hearing and designating the boundaries of the proposed district.
The ordinance shall provide that it shall not be effective until approved by a majority vote at [a special] the next general election [to be] held in the proposed district[, which election shall be held on a day designated in the ordinance].
A. Ballots for [said special] the election pursuant to this section shall [be ordered to be printed by the clerk of the municipality wherein the district is located and shall contain a heading "Beach Erosion Control District Election Ballot," followed by the name of the municipality and county in which the district is located and shall] have printed thereon the question, "Should a special district be formed for the purpose of combating beach erosion which district shall encompass the following described area?," followed by description of the districts to be formed. The ballot shall contain appropriate squares marked "yes" or "no" to be marked by the voters at the said special election pursuant to this section.
B. [The special election pursuant to this section shall be conducted in the manner as prescribed in sections 9, 10, 11 and 12.]The clerk of the municipality in which the district is located shall cause the election to be advertised at least 1 week before the holding thereof in some newspaper circulating in said district and shall further cause the notice of [said special] the election to be posted in at least 2 public places within the district at least 1 week prior to [said special] the election.
(cf: P.L.1968, c.219, s.1)
85. Section 3 of P.L.1967, c.184 (C.40:68-29) is amended to read as follows:
3. On a day designated in the ordinance creating such district, [a special] an election shall be held in the district, to elect 3 commissioners who shall be qualified voters and residents of such district. The commissioners so elected shall hold office for 3 years and until their successors are elected.
(cf: P.L.1967,c.184,s.3)
86. Section 4 of P.L.1967, c.184 (C.40:68-30) is amended to read as follows:
4. Whenever a vacancy occurs, [a special] the election to fill the vacancy shall be held within the district [to fill such vacancy] on the day of the next general election. Any person so elected shall serve for the unexpired term and until a successor is elected.
(cf: P.L.1967, c.184, s.4)
87. Section 7 of P.L.1967, c.184 (C.40:68-33) is amended to read as follows:
7. All such petitions shall be filed at least [15] 54 days before the date of the election for members of the Beach Erosion Control Commission.
(cf: P.L.1967, c.184, s.7)
88. Section 8 of P.L.1967, c.184 (C.40:68-34) is amended to read as follows:
8. [The ballots for said special election pursuant to section 3 of this act shall be ordered to be printed by the clerk of the municipality wherein the district is located and shall contain a heading "Beach Erosion Control District Election Ballot," followed by the name of the municipality and county wherein the district is located, and shall have printed thereon only the names of the candidates for election as members of the beach erosion control commission. The names of the candidates shall be printed upon the ballot according to the alphabetical order of their surname and the grouping of 2 or more candidates thereon is prohibited.]
The clerk of the municipality in which the district is located shall cause [said special] the election held pursuant to section 3 of this act to be advertised at least 1 week before the holding thereof in some newspaper circulating in said district and shall further cause the notice of said election to be posted in at least 2 public places within the district at least 1 week prior to said election.
(cf: P.L.1968 ,c.219, s.2)
89. Section 1-1 of P.L.1950, c.210 (C.40:69A-1) is amended to read as follows:
1-1. Election on question whether charter commission shall be elected
(a) Whenever authorized by ordinance of the governing body or upon petition of the registered voters of any municipality, an election shall be held in the municipality upon the question: "Shall a charter commission be elected to study the charter of and to consider a new charter or improvements in the present charter and to make recommendations thereon?" The petition calling for such election shall be in the form required by subsection (b) hereof and shall be signed by the following per centum of registered voters of the municipality:
25% in municipalities of 7,000 or less inhabitants;
20% in municipalities of more than 7,000 and less than 70,000 inhabitants;
10% in municipalities of 70,000 or more inhabitants.
In either event, the municipal clerk shall provide for the submission of the question and for the election of a charter commission at the next general [or regular municipal] election, occurring not less than 75 days after the passage of the ordinance or the filing of the petition with the clerk. At the election the question above stated shall be submitted as other public questions are submitted to the voters of a single municipality.
(b) A petition under this section shall conform to the requirements of form for petitions under sections 17-37 through 17-39 hereof (except that there shall be no reference therein to any ordinance) and shall be subject to examination, certification and amendment as therein provided.
(cf: P.L.1954 ,c.69, s.1)
90. Section 1-14 of P.L.1950, c.210 (C.40:69A-14) is amended to read as follows:
1-14. The question to be submitted to the voters for the adoption of any of the optional plans of government authorized by this act, including any of the alternatives contained in this act, shall be submitted in the following form or such part thereof as shall be applicable:
"Shall ......(insert name of plan)...... of the Optional Municipal Charter Law, providing for (a division of the municipality into ......(insert number)...... wards, with ......(insert number)...... council members (one to be elected from each ward and ...(insert number)... to be elected at large) for ......(insert "concurrent" or "staggered" terms ......) ......at elections held in[...(insert May or] November[)...], with the mayor elected ......(insert "directly by the voters" or "by the council from among its members") ......, (insert, if appropriate) [with run-off elections to be held thereafter if a sufficient number of candidates fail to attain a majority of votes], be adopted by ...(insert name of municipality)... ?".
(cf: P.L.1991 ,c.430, s.2)
91. Section 1-15 of P.L.1950, c.210 (C.40:69A-15) is amended to read as follows:
1-15. If the charter commission shall recommend that the question of adopting one of the optional plans of government authorized by this act shall be submitted to the voters of the municipality, it shall be the duty of the municipal clerk to cause the question of adoption or rejection to be placed upon the ballot at [such time as the commission shall in its report specify. The commission may cause the question to be submitted to the people at] the next general [or regular municipal] election, occurring not less than 60 days following the filing of a copy of the commission's report with the clerk[, or at a special election occurring not less than 60 days or more than 120 days after the filing of the report, at such time as the commission's report shall direct]. At such election the question of adopting that plan of government recommended by the charter commission shall be submitted to the voters of the municipality in the same manner as other public questions to be voted upon by the voters of a single municipality. The charter commission shall frame the question to be placed upon the ballot as provided in section 1-14 and, if it deems appropriate, an interpretative statement to accompany such question.
(cf: P.L.1981 ,c.465, s.4)
92. Section 1-20 of P.L.1950, c.210 (C.40:69A-20) is amended to read as follows:
1-20. The municipal clerk shall provide for the submission of the question at the next general [or regular municipal] election [if one is to be held] occurring not less than sixty days [nor more than one hundred twenty days] after the filing of the petition[, and if a general or regular municipal election is not to be held within that time, at a special election within such time]. The question of adoption of an optional plan of government shall be submitted to the voters of the municipality in the same manner as other public questions to be voted upon by the voters of a single municipality.
(cf: P.L.1950, c.210, s.1-20)
93. Section 7 of P.L.1981, c.465 (C.40:69A-25.1) is amended to read as follows:
7. a. Any municipality governed by a plan of government adopted pursuant to P.L.1950, c.210 (C.40:69A-1 et seq.) may, by referendum, amend its charter to include any alternative permitted under that plan of government. The question of adopting an alternative may be initiated by the voters pursuant to, and subject to the pertinent provisions of, sections 17-35 through 17-47 (C. 40:69A-184 through 40:69A-196); or may be submitted to the voters by ordinance adopted by the governing body, in which case the question and ordinance shall be subject to the pertinent provisions of sections 17-42 through 17-47 (C. 40:69A-191 through 40:69A-196), except that no petition of the voters shall be necessary in order to submit the question.
b. At any election at which the question of adopting an alternative is to be submitted to the voters pursuant to this section, the question shall be submitted in substantially the following form:
"Shall the charter of governed by (insert name of municipality) be amended, as permitted under that (insert plan of government) plan, to provide for (insert appropriate language from below for the " alternative to be voted upon)
GROUP A.
[(1) "the holding of regular municipal elections in May;" (2) "the holding of general elections in November;"
GROUP B.
(3)](1) "the election of all council members at large;"[(4)](2) "the division of the municipality into wards with (insert number) council members to be elected at large and one from (insert number) each ward;"
GROUP [C.]B.
[(5)](3) "the election of all council members for concurrent terms;"[(6)](4) "the election of council members for staggered terms;"
GROUP [D.]C.
[(7)](5) "the election of the mayor by the members of the council from among their own number;" [(8)](6) "the election of the mayor directly by the voters of the municipality;"
GROUP [E.]D.
[(9)](7) "a municipal council to consist of three members;"[(10)](8) "a municipal council to consist of five members" ; [(11)](9) "a municipal council to consist of seven members;"[(12)] (10) "a municipal council to consist of nine members."
If more than one alternative is to be submitted to the voters at the same time, each alternative shall be separately stated on the ballot in the form of a question as set forth above. If the provisions of two or more alternatives adopted at the same election conflict, then that receiving the greatest affirmative vote shall control. Nothing contained in this section shall authorize the submission to the voters of the question of adopting any alternative not authorized by the plan of government under which the municipality is governed. No question shall be submitted to the voters pursuant to this section within 4 years next following the adoption by the municipality of a plan of government authorized by P.L.1950, c.210 (C.40:69A-1 et seq.) or this act, or within 4 years next following the date on which the question of adopting it or any alternative in the same group was last submitted to the voters pursuant to this section.
c. In any municipality having adopted a charter providing for the division of the municipality into wards, the question of increasing or decreasing the number of council members to be elected in the municipality shall be submitted to the voters in the manner set forth in alternative[(4)](2) of Group [B.]A. of subsection b. of this section. None of the alternatives set forth in Group [E.]D. of that subsection shall be submitted to the voters in any municipality divided into wards, unless at the same election alternative[(3)](1) of Group [B.]A. of that subsection is also submitted, in which case both alternatives shall be approved by the voters in order for either to take effect.
(cf: P.L.1981, c.465, s.7)
94. Section 8 of P.L.1981, c.465 (C.40:69A-25.2) is amended to read as follows:
8. a. Whenever any municipality, pursuant to the authority granted in section 7 of this act, shall amend its charter to include an alternative permitted under its plan of government and included in Group [B.]A. of subsection b. of section 7 of this act, the terms of all council members, and directly elected mayor if affected, currently serving in the municipality on the date of the election at which the amendment was adopted, and of all affected officers elected at that election, shall terminate on [June 30, or] December 31[, as appropriate to the election provisions of the amended charter,]next following the date of the first election of officers under the amended charter. The nomination and election of those municipal officers as are required shall be conducted in accordance with the provisions of the amended charter and appropriate law for the election to be held on the [second Tuesday in May next following the date of adoption, or on the] first Tuesday after the first Monday in November next following the date of adoption. If the amendment adopted to the charter shall provide for the division of the municipality into wards, or by its terms require an increase or decrease in the number of wards into which the municipality is divided, the ward boundaries required by the amended charter shall be fixed and determined pursuant to law within 90 days of the date of adoption.
If the municipality shall at the same time amend its charter to include an alternative permitted under its plan of government and included in [Group A.,]Group [C.]B., Group [D.]C. or Group [E.]D. of subsection b. of section 7 of this act, the transitional provisions of this section shall apply and the provisions of all amendments shall take effect for the election to be held pursuant to this section.
b. [In any municipality which has amended its charter with regard to the holding of elections according to the alternatives set forth in Group A of section 7 of P.L.1981, c.465 (C.40:69A-25.1), where council members are elected for concurrent terms, the] The first election of council members following the referendum adopting the charter amendment shall take place at the next [regular municipal election or] general election[, as appropriate to the election provisions of the amended charter,]which shall occur in the final year of the terms of those council members serving at the time the referendum is adopted. Where council members are elected for staggered terms, except as provided below, each council member serving or elected at the time that the referendum adopting the charter amendment takes place, shall complete the term of office which he is currently serving, or to which he is elected at the time of the referendum. At the [regular municipal election or] general election[, as appropriate to the election provisions of the amended charter,]which shall occur in the final year of the term of each member, the office shall be filled according to the election provisions of the amended charter, and the term of the affected council member shall terminate on [June 30 or] December 31[, as appropriate to the election provisions of the amended charter].
(cf: P.L.1991, c.430, s.4)
95. Section 9 of P.L.1981, c.465 (C.40:69A-25.3) is amended to read as follows:
9. Whenever any municipality shall, pursuant to the authority granted in section 7 of this act, amend its charter only to include an alternative permitted under its plan of government and included in group [C.]B. of subsection b. of section 7 of this act, the transitional provisions of this section shall apply.
a. If the amended charter shall provide for the election of all council members for concurrent terms in a municipality where prior to the amendment council members were elected for staggered terms, at the next election at which municipal officers are elected, and at each succeeding [municipal] general election thereafter until such time as it shall occur that all council members shall be elected at the same election, council members elected at that election shall serve for a term equal in years to the number which the council member currently serving and having the greatest number of years remaining of his term has yet to serve of his term. At the election that it shall occur that all council members shall be elected at the same time, each council member shall be elected for the term of years provided in the amended charter.
b. If the amended charter shall provide for the election of council members for staggered terms in a municipality where prior to the amendment council members were elected for concurrent terms, the amendment to the charter shall take effect for the next election at which municipal officers are elected in the municipality.
(cf: P.L.1981, c.465, s.9)
96. Section 10 of P.L.1981, c.465 (C.40:69A-25.4) is amended to read as follows:
10. Whenever any municipality shall, pursuant to the authority granted in section 7 of this act, amend its charter only to include an alternative permitted under its plan of government and included in group [D.]C. of subsection b. of section 7 of this act, the transitional provisions of this section shall apply.
a. If a municipality in which the mayor is elected by the members of the council shall adopt an amendment to its charter providing for the election of the [major] mayor directly by the voters of the municipality, the amendment shall take effect for the next election held in the municipality at which municipal officers are elected, in accordance with the provisions of the amended charter. Any mayor currently serving on the date of that election shall, upon and after the date of the commencement of the term of the mayor elected at that election, serve as a member of the council for the remainder of his term but shall not exercise the powers or duties of mayor.
b. If a municipality in which the mayor is elected directly by the voters of the municipality shall adopt an amendment to its charter providing for the election of the mayor by the members of the council, the amendment shall take effect the first day of the next full month after adoption. On that date the members of the council currently serving shall meet and elect one of their number as mayor to serve until the first day of [July, or] January[, as appropriate,]next, at which time the members shall elect one of their number to serve a full term as mayor, pursuant to the amended charter. Any mayor serving on the effective date of the amendment shall, on and after that date, serve as a member of the council for the remainder of his term, but shall not exercise the powers or duties of mayor unless elected by the council.
(cf: P.L.1981, c.465, s.10)
97. Section 11 of P.L.1981, c.465 (C.40:69A-25.5) is amended to read as follows:
11. Whenever any municipality shall, pursuant to the authority granted in section 7 of this act, amend its charter only to include an alternative permitted under its plan of government and included in group [E.]D. of subsection b. of section 7 of this act, the transitional provisions of this section shall apply.
a. If the amended charter shall provide for the election of council members at large for concurrent terms, the increase or decrease in the number of council members shall take effect for the next election at which municipal officers are elected in the municipality.
b. If the amended charter shall provide for the election of council members at large for staggered terms, an increase in the number of council members shall take effect as follows:
(1) If the plan of government requires generally a 3-year term for council members:
(a) And the increase is from three to five council members, at the next election at which municipal officers are elected, one additional council member shall be elected for a term of 1 year and one for a term of 2 years;
(b) And the increase is from three to seven council members, at the next election at which municipal officers are elected, two additional council members shall be elected for terms of 1 year, one for a term of 2 years, and one for a term of 3 years; or
(c) And the increase is from five to seven council members, at the next election at which municipal officers are elected, one additional council member shall be elected for a term of 1 year and one for a term of 3 years;
(2) If the plan of government requires generally a 4-year term for council members:
(a) And the increase is from five to seven council members, at the next election at which municipal officers are elected, one additional council member shall be elected for a term of 2 years and one for a term of 4 years;
(b) And the increase is from five to nine council members, at the next election at which municipal officers are elected, two additional council members shall be elected for terms of 2 years and two for terms of 4 years; or
(c) And the increase is from seven to nine council members, at the next election at which municipal officers are elected, one additional council member shall be elected for a term of 2 years and one for a term of 4 years.
c. If the amended charter shall provide for the election of council members at large for staggered terms, and the adopted amendment requires a decrease in the number of council members, the terms of all council members currently serving in the municipality on the date of the election at which the amendment was adopted, and of all council members elected at that election, shall terminate on [June 30, or] December 31[, as appropriate to the election provisions of the amended charter,]next following the date of the first election of officers under the amended charter. The nomination and election of council members shall be conducted in accordance with the provisions of the amended charter and appropriate law for the election to be held on the [second Tuesday in May next following the date of adoption, or on the] first Tuesday after the first Monday in November next following the date of adoption.
(cf: P.L.1981, c.465, s.11)
98. Section 16 of P.L.1981, c.465 (C.40:69A-34.1) is amended to read as follows:
16. Any municipality adopting a mayor-council plan of government shall provide in its charter that the mayor and council shall be elected by the voters of the municipality [either:
a. At a regular municipal election held on the second Tuesday in May in the years in which municipal officers are to be elected, in which case the term of office of the mayor and council members shall begin on July 1 next following their election; or
b. At] at the general election held on the first Tuesday after the first Monday in November [or at such other time as may be provided by law for holding general elections, in which case] and the term of office of the mayor and council members shall begin on January 1 next following their election.
(cf: P.L.1981, c.465, s.16)
99. Section 17 of P.L.1981, c.465 (C.40:69A-34.2) is amended to read as follows:
17. Any municipality adopting a mayor-council plan of government shall provide in its charter either:
a. That the council members shall be elected at large by the voters of the municipality at the [regular municipal election, or] general election[, as the charter shall provide]; or
b. That the municipality shall be divided into wards pursuant to the authority granted in section 1-13 or 1-19 (C.40:69A-13 or 40:69A-19); that council members shall be elected at large and by wards at the [regular municipal election or] general election[, as the charter shall provide]; and that no more than one council member shall be elected from each ward established in the municipality, and all other council members shall be elected at large.
(cf: P.L.1989, c.221, s.2)
100. Section 18 of P.L.1981, c.465 (C.40:69A-34.3) is amended to read as follows:
18. a. Any municipality adopting a mayor-council plan of government may provide in its charter that the council members elected at the first [regular municipal election or] general election[, as the charter shall provide,]following the adoption of the plan shall serve for the following terms: if the municipal council is to consist of five members, two shall serve for four years and three for two years; if the municipal council is to consist of seven members, three shall serve for four years and four for two years; or if the municipal council is to consist of nine members, four shall serve for four years and five for two years. The length of the respective term of each member of the first council shall be determined by lot at the organization of the council immediately following the election.
b. Notwithstanding the provisions of subsection a. of this section, if a municipality adopting the provisions of this section shall also provide in its charter that the municipality shall be divided into wards pursuant to the authority granted in section 1-13 or 1-19 (C.40:69A-13 or 40:69A-19), the council members elected at the first [regular municipal election or] general election[, as the charter shall provide,]following the adoption of the plan shall serve as follows: the council members elected at large for a term of four years; and the council members elected from wards for a term of two years.
(cf: P.L.1989, c.221, s.3)
101. Section 23 of P.L.1981, c.465 (C.40:69A-83.1) is amended to read as follows:
23. Any municipality adopting a council-manager plan of government shall provide in its charter that the council members shall be elected by the voters of the municipality [either:
a. At a regular municipal election held on the second Tuesday in May in the years in which municipal officers are to be elected, in which case the term of office of the council members shall begin on July 1 next following their election; or
b. At] at the general election held on the first Tuesday after the first Monday in November or at such other time as may be provided by law for holding general elections, [in which case] and the term of
office of the council members shall begin on January 1 next following their election.
(cf: P.L.1981, c.465, s.23)
102. Section 24 of P.L.1981, c.465 (C.40:69A-83.2) is amended to read as follows:
24. Any municipality adopting a council-manager plan of government shall provide in its charter either:
a. That the council members shall be elected at large by the voters of the municipality at the [regular municipal election, on] general election[, as the charter shall provide]; or
b. That the municipality shall be divided into wards pursuant to the authority granted in section 1-13 or 1-19 (C.40:69A-13 or 40:69A-19), that council members shall be elected at large and by wards at the [regular municipal election or] general election[, as the charter shall provide]; and that no more than one council member shall be elected from each ward established in the municipality, and all other council members shall be elected at large.
(cf: P.L.1989, c.221, s.5)
103. Section 25 of P.L.1981, c.465 (C.40:69A-83.3) is amended to read as follows:
25. Any municipality adopting a council-manager plan of government may provide in its charter that the council members elected at the first [regular municipal election or] general election[, as the charter shall provide,]following the adoption of the plan shall serve for the following terms: if the municipal council is to consist of five members, two shall serve for four years and three for two years; if the municipal council is to consist of seven members, three shall serve for four years and four for two years; or if the municipal council is to consist of nine members, four shall serve for four years and five for two years. The length of the respective term of each member of the first council shall be determined by lot at the organization of the council immediately following the election; except that if, pursuant to the charter, the mayor is elected directly by the voters, the mayor shall, for the purposes of this subsection, be counted among those first council members to serve a four year term.
b. Notwithstanding the provisions of subsection a. of this section, if a municipality adopting the provisions of this section shall also provide in its charter that the municipality shall be divided into wards pursuant to the authority granted in section 1-13 or 1-19 (C.40:69A-13 or 40:69A-19), the council members elected at the first [regular municipal election or] general election[, as the charter shall provide,]following the adoption of the plan shall serve as follows: the council members elected at large for a term of four years; and the
council members elected from wards for a term of two years.
(cf: P.L.1989, c.221, s.6)
104. Section 9-6 of P.L.1950, c.210 (C.40:69A-86) is amended to read as follows:
9-6. Any municipality adopting a council-manager plan of government shall provide in its charter either:
a. That the mayor shall be elected by the members of the council; in which case on the first day of [July or] January[, as appropriate,]following their election, the members-elect of the municipal council shall assemble at the usual place of meeting of the governing body of the municipality and organize and elect one of their number as mayor. The mayor shall be chosen by ballot by majority vote of all members of the municipal council. If the members shall be unable, within five ballots to be taken within 2 days of said organization meeting, to elect a mayor, then the member who in the election for members of the municipal council received the greatest number of votes shall be the mayor. Should such person decline to accept the office, then the person receiving the next highest vote shall be the mayor, and so on, until the office is filled; or
b. That the mayor shall be elected directly by the voters of the municipality at the [regular municipal election, or] general election[, as the charter shall provide]. At the first election following the adoption of the charter, and each appropriate subsequent election, one position of council member to be elected at large shall be designated and voted for under the title of mayor, and candidates for the position shall be clearly designated as candidates for mayor in their respective nominating petitions. The candidate for mayor receiving the greatest number of votes shall be elected, and shall serve for a term of 4 years.
(cf: P.L.1981, c.465, s.26)
105. Section 32 of P.L.1981,c.465 (C.40:69A-117.1) is amended to read as follows:
32. Any municipality adopting a small municipality plan of government shall provide in its charter that the council members shall be elected by the voters of the municipality [either:
a. At a regular municipal election held on the second Tuesday in May in the years in which municipal officers are to be elected, in which case the term of office of the council members shall begin on July 1 next following their election; or
b. At] at the general election held on the first Tuesday after the first Monday in November [or at such other time as may be provided by law for holding general elections, in which case] and the term of office of the council members shall begin on January 1 next following their election.
(cf: P.L.1981, c.465, s.32)
106. Section 33 of P.L.1981, c.465 (C.40:69A-117.2) is amended to read as follows:
33. Any municipality adopting a small municipality plan of government may provide in its charter that the council members elected at the first [regular municipal election or] general election [as the charter shall provide,]following the adoption of the plan shall serve for the following terms: if the municipal council is to consist of three members, one shall serve for one year, one for two years and one for three years; if the municipal council is to consist of five members, two shall serve for one year, two for two years and one for three years; or if the municipal council is to consist of seven members, three shall serve for a term of one year, two for a term of two years and two for a term of three years. The length of the respective term of each member of the first council shall be determined by lot at the organization of the council immediately following their election; except that if, pursuant to the charter, the mayor is elected directly by the voters, the mayor shall, for the purposes of this section, be counted among those first council members to serve a four year term.
(cf: P.L.1989, c.221, s.9)
107. Section 34 of P.L.1981, c.465 (C.40:69A-117.3) is amended to read as follows:
34. Any municipality adopting a small municipality plan of government shall provide in its charter either:
a. That the mayor shall be elected by the members of the council; in which case on the first day of [July or] January[, as appropriate,]following their election, the members-elect of the municipal council shall assemble at the usual place of meeting of the governing body of the municipality and organize and elect one of their number as mayor; that the mayor shall be chosen by ballot by majority vote of members of the municipal council; that if the members shall be unable, within five ballots to be taken within 2 days of the organization meeting, to elect a mayor, then the member who in the election for members of the municipal council received the greatest number of votes shall be mayor; and that should that person decline to accept the office, then the person receiving the next highest vote shall be the mayor, and so on, until the office is filled; or
b. That the mayor shall be elected directly by the voters of the municipality at the [regular municipal election, or] general election, as the charter shall provide; that at the first election following the adoption of the charter, and each appropriate subsequent election, one position of council member to be elected at large shall be designated and voted for under the title of mayor, and candidates for the position shall be clearly designated as candidates for mayor in their respective nominating petitions; and that the candidate for mayor receiving the
greatest number of votes shall be elected and shall serve for a term of 4 years.
(cf: P.L.1981, c.465,s.34)
108. Section 17-1 of P.L.1950, c.210 (C.40:69A-150) is amended to read as follows:
17-1. [Regular municipal elections] Elections shall be held in each municipality on the [second] Tuesday [in May] next 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] These elections shall 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)
109. Section 1 of P.L.1981, c.87 (C.40:69A-153.1) is amended to read as follows:
1. No person shall accept nomination for more than one municipal office to be voted for at a [regular municipal] general election to be held pursuant to Article 17 of P.L.1950, c. 210 (C. 40:69A-150 et seq.).
(cf: P.L.1981, c.87, s.1)
110. Section 17-19 of P.L.1950, c.210 (C.40:69A-168) is amended to read as follows:
17-19. Any elective officer shall be subject to removal from office for cause connected with his office, after he has served at least one year, upon the filing of a recall petition and the affirmative vote of a majority of those voting on the question of removal at any primary or general[, regular municipal or special] election.
(cf: P.L.1950, c.210, s.17-19)
111. Section 17-43 of P.L.1950, c.210 (C.40:69A-192) is amended to read as follows:
17-43. a. Any ordinance to be voted on by the voters in accordance with section 17-36 or section 17-42 of this act (C.40:69A-185 or C.40:69A-191) shall be submitted at the next general [or regular municipal] election occurring not less than 40 days after the final date for withdrawal of the petition as provided for in section 17-42 of this act (C.40:69A-191)[, provided that if no such election is to be held within 90 days the council shall provide for a special election to be held not less than 40 nor more than 60 days from the final date for withdrawal of the petition as provided for in section 17-42 (C.40:69A-191) of this act].
b. In the case of an initiated petition signed by not less than 10% nor more than 15% of the legal voters, the ordinance shall be submitted at the next general [or regular municipal] election occurring not less than 40 days after the final date of withdrawal of the petition as provided for in section 17-42 (C.40:69A-191) of this act.
c. In any instance where a referendum election is to be held as a result of an ordinance of the council which by its terms or by law cannot become effective in the municipality unless submitted to the voters, or which by its terms authorizes a referendum in the municipality concerning the subject matter thereof, the time for submission of the question to the voters shall be at the next general [or regular municipal] election occurring not less than 40 days from the date of final passage and approval of the ordinance. Referenda held on ordinances adopted pursuant to sections 7 through 11 of P.L.1981, c.465 (C.40:69A-25.1 through 40:69A-25.5) shall be governed by this subsection, except that if the referendum is held pursuant to those sections as the result of the report of a charter study commission, the time for submission of the question shall be calculated from the date of that report.
(cf: P.L.1991,c.430, s.5)
112. Section 17-44 of P.L.1950, c.210 (C.40:69A-193) is amended to read as follows:
17-44. Any number of proposed ordinances may be voted upon at the same election in accordance with the provisions of this article[, but there shall not be more than one special election in any period of 6 months for such purpose.
During that 6 month period, any ordinance which would otherwise be submitted to the voters at a special election if one were not already scheduled, shall be submitted at the scheduled special election if at least 30 days shall remain prior thereto from the final date for withdrawal of the petition, otherwise, the ordinance shall be submitted at the next general election or regular municipal election, whichever shall first occur].
(cf: P.L.1982, c.145, s.5)
113. Section 17-47 of P.L.1950, c.210 (C.40:69A-196) is amended to read as follows:
17-47. If a majority of the qualified electors voting on the proposed ordinance shall vote in favor thereof, such ordinance shall thereupon become a valid and binding ordinance of the municipality and be published as in the case of other ordinances. No such ordinance shall be amended or repealed within 3 years immediately following the date of its adoption by the voters, except by a vote of the people. The council may, within 3 years immediately following the date of adoption of the ordinance, submit a proposition for the repeal or amendment of that ordinance to the voters at any succeeding general election [or regular municipal election]. If the proposition submitted shall receive a majority of the votes cast at that election, the ordinance shall be repealed or amended accordingly. If the provisions of two or more measures approved or adopted at the same election conflict then the measure receiving the greatest affirmative vote shall control.
(cf: P.L.1982, c.145, s.6)
114. Section 17-56 of P.L.1950, c.210 (C.40:69A-205) is amended to read as follows:
17-56. The schedule of installation of an optional plan adopted pursuant to this act shall, as provided herein, take the following course:
(a) An election to submit the question of adoption of an optional plan may be held [at any time] in accordance with the provisions of article 1 of this act;
(b) In the event of a favorable vote of the voters at the above election, the first election of officers under the adopted plan shall take place [on (1) the second Tuesday in May occurring not less than 75 days next following the adoption of one of the optional plans in municipalities adopting a charter providing for the holding of regular municipal elections at which all members of the council are to be elected at large; (2) the second Tuesday in May occurring not less than 120 days following the adoption of one of the optional plans in municipalities adopting a charter providing for the holding of regular municipal elections and for the division of the municipality into wards; (3)](1) at the next general election occurring not less than 75 days next following the adoption of one of the optional plans in municipalities adopting a charter providing for the holding of general elections at which all members of the council are to be elected at large; or[(4)](2) at the next general election occurring not less than 120 days next following the adoption of one of the optional plans in municipalities adopting a charter providing for the holding of general elections and for the division of the municipality into wards.
Whenever a municipality has adopted a charter referred to in subsection[(3)](1) above, within 10 days, or subsection[(4)](2) within 40 days, prior to the last day fixed for the filing of nominating petitions for the primary election,]the candidates to be first elected shall be nominated in the manner provided by chapter 27 of Title 19 of the Revised Statutes with respect to the filling of certain vacancies in nominations for county or municipal offices to be filled at the general election.
(c) An optional plan shall take effect, in accordance with the further provisions of this article at[(1) 12 o'clock noon on July 1 next following the first election of officers in municipalities adopting a charter providing for the holding of regular municipal elections, or (2)]12 o'clock noon on January 1 next following the first election of officers in municipalities adopting a charter providing for the holding of general elections.
(cf: P.L.1981, c.465, s.37)
115. 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 in any year in which such an election is required.](Deleted by amendment, P.L. , c. .)
"Electors" mean such citizens of the municipality as were registered as voters at the last primary or 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 primary or 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] those elections.
"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)
116. R.S.40:71-2 is amended to read as follows:
40:71-2. Upon the filing of the petition or request in writing with the clerk, he shall forthwith call an election, to be held on the [third Tuesday following the date of the filing of the petition] first Tuesday after the first Monday in November, and shall cause public notice of the time and place of holding the same to be given by advertisement signed by himself and set up in at least twenty different places in the municipality and published for at least six days previous to the time of the election in at least one newspaper printed and published in the municipality, and if there be no such newspaper then in a newspaper circulated therein.
(cf: R.S.40:71-2)
117. R.S.40:71-4 is amended to read as follows:
40:71-4. The [election shall be held at the usual places of holding the annual election in the municipality. The polls shall remain open during the usual hours, and the] election shall be conducted by the election officers, and in the manner provided by the law regulating elections, and such officers shall deliver to the municipal clerk a true and correct statement in writing under their hands of the result of the election.
(cf: R.S.40:71-4)
118. R.S.40:72-1.1 is amended to read as follows:
40:72-1.1. Any municipality, which is governed by a board of three commissioners may provide that two additional commissioners shall be elected at an election to be held on the [second Tuesday in May next] Tuesday next after the first Monday in November; provided, that a proposed ordinance increasing the number of commissioners from three to five was first submitted to the board of commissioners by petition signed by electors of the municipality equal in number to 15% of the votes cast at the last general election, held for the election of all the members of the General Assembly, requesting that said ordinance be submitted to the vote of the people.
The signatures, verification, authentication, inspection, certification, amendment and submission of such petition shall be the same as for petitions to recall commissioners. Upon the filing of said petition and certification of the same by the municipal clerk the board of commissioners shall submit said ordinance without change to the vote of the electors of the municipality at the next general election. Said petition shall be filed and certified to by the municipal clerk at least 60 days before the general election at which the proposed ordinance shall be submitted to a vote of the electors.
(cf: P.L.1981, c.427, s.1)
119. R.S.40:74-5 is amended to read as follows:
40:74-5. If within 20 days after the final passage of an ordinance, except ordinances, or any portion thereof, fixing the salaries, wages or compensation of the employees of the municipality, as defined in section 3 of the New Jersey Employer-Employee Relations Act, P.L.1941, c.100 (C.34:13A-3), or ordinances authorizing an improvement or the incurring of an indebtedness, other than for current expenses, where other requirements are made by law, or ordinances which by their terms or by law cannot become effective in the municipality unless submitted to the voters, or which by its terms authorizes a referendum in the municipality concerning the subject matter thereof, a petition signed by electors of the municipality equal in number to at least 15% of the entire vote cast at the last preceding general election at which members of the General Assembly were elected protesting against the passage of such ordinance, be presented to the board, it shall thereupon be suspended from going into operation and the board of commissioners shall reconsider the ordinance within 20 days of the presentation of the petition to the board. If the ordinance is not entirely repealed, the board shall submit it, in the manner provided in paragraph b. of R.S.40:74-14 and R.S.40:74-15 to R.S.40:74-18 to the vote of the electors of the municipality. The ordinance shall be submitted [either] at the next general election [or regular municipal election, whichever shall first occur], occurring not less than 40 days from the final date for withdrawal of the petition as provided for in this section[, except that if no such election is to be held within 90 days of that date, a special municipal election shall be called for that purpose, and be held not less than 40 nor more than 60 days from the final date for withdrawal of the petition as provided for in this section]. An ordinance so submitted shall not become operative unless a majority of the qualified electors voting on the ordinance shall vote in favor thereof.
The names and addresses of five voters, designated as the Committee of the Petitioners, shall be included in the petition. If within 10 days after final adverse action by the board or after the expiration of the time allowed for board action, as the case may be, a written request, signed by at least four of the five members of the Committee of the Petitioners, is filed with the municipal clerk requesting that the petition be withdrawn, the petition shall have no effect.
(cf: P.L.1982, c.145, s.9)
120. R.S.40:74-7 is amended to read as follows:
40:74-7. Any ordinance or measure, except an ordinance, or portion thereof, fixing the salaries, wages or compensation of the employees of the municipality, that the board of commissioners or the qualified electors of the municipality shall have authority to enact, the board may on its own motion submit to the electors for adoption or rejection at a general election[, regular municipal election, or special municipal election] in the same manner and with the same effect as is herein provided for ordinances or measures submitted on petition. At any special election called under the provisions of chapters 70 to 76 of this Title (R.S.40:70-1 et seq.), there shall be no bar to the submission of other questions to a vote of the electors in addition to the ordinances or measures provided for in this section and R.S.40:74-5 and R.S.40:74-9[, if the other questions are such as may legally be submitted at such election]. If the provisions of two or more measures approved or adopted at the same election conflict, then the measure receiving the highest affirmative vote shall control.
(cf: P.L.1982, c.145, s.10)
121. R.S.40:74-14 is amended to read as follows:
40:74-14. If the petition accompanying the proposed ordinance be signed by electors equal in number to at least 15% of the votes cast at the last preceding general election at which members of the General Assembly were elected, and contains a request that the ordinance be submitted to a vote of the people if not passed by the board of commissioners, the board shall within 20 days after attachment of the clerk's certificate to the accompanying petition either:
a. Pass the ordinance without alteration; or
b. [Forthwith, upon the expiration of that 20 day period, call a special election to be held not less than 40 nor more than 60 days from the final date for withdrawal of the petition as provided for in this section, unless a general election or regular municipal election is to be held not less than 40 days nor more than 90 days thereafter,]Submit the ordinance to the electors of the municipality at the next general election and at such election such ordinance shall be submitted without alteration to the vote of the electors of the municipality.
If the petition is signed by not less than ten nor more than 15% of the electors, as above defined, then the board of commissioners shall, within 20 days, pass said ordinance without change or submit the same at the next general election or regular municipal election occurring not less than 40 days after the clerk's certificate of sufficiency is attached to the petition.
If, within 10 days after final adverse action by the board or after the expiration of the time allowed for board action, as the case may be, a written request, signed by at least four of the five members of the Committee of the Petitioners, is filed with the municipal clerk requesting that the petition be withdrawn, the petition shall have no effect.
(cf: P.L.1982, c.145, s.14)
122. R.S.40:74-15 is amended to read as follows:
40:74-15. Any number of proposed ordinances submitted by the board or pursuant to R.S.40:74-5 or R.S.40:74-9 may be voted upon at the same election in accordance with the provisions of this article[, but there shall not be more than one special election in any period of 6 months for such purpose. During that 6 month period, any ordinance which would otherwise be submitted to the voters at a special election if one were not already scheduled, shall be submitted at the scheduled special election, if at least 30 days shall remain prior thereto from the final date for withdrawal of the petition; otherwise the ordinance shall be submitted at the next general election or regular municipal election, whichever shall first occur].
(cf: P.L.1982, c.145, s.15)
123. R.S.40:74-19 is amended to read as follows:
40:74-19. The board of commissioners may, within 3 years immediately following the adoption of any ordinance submitted by initiative or referendum and ratified by the voters, submit a proposition for the repeal or amendment of any such ordinance to the voters at any succeeding general election [or regular municipal election]. If the proposition so submitted shall receive a majority of the votes cast thereon at such election, such ordinance shall thereby be repealed or amended accordingly.
(cf: P.L.1982, c.145, s.17)
124. R.S.40:75-1 is amended to read as follows:
40:75-1. The members of the first commission shall be elected, at an election to be held on the [fifth Tuesday] general election next following the adoption of chapters 70 to 76 of this title (R.S.40:70-1 et seq.), by the duly authorized voters of the municipality and shall serve as commissioners from twelve o'clock noon on the first Tuesday following their election until twelve o'clock noon on the [third] second Tuesday after the first Monday in [May] November in the fourth year following such election and until their successors are elected and shall have duly qualified. The election shall be conducted pursuant to the "Uniform Nonpartisan Elections Law," P.L.1981, c.379 (C. 40:45-5 et seq.).
(cf: P.L.1983,c.183,s.1)
125. R.S.40:75-2 is amended to read as follows:
40:75-2. On the [second] Tuesday next after the first Monday in [May] November in every fourth year thereafter there shall be elected at [a regular municipal] an 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] second Tuesday of [May] November next ensuing their election.
(cf: P.L.1983, c.183, s.2)
126. Section 1 of P.L.1955, c.12 (C.40:75-2.1) is amended to read as follows:
1. Whenever in any municipality governed under "The Commission Form of Government Law" the qualified voters of the municipality have, or shall have, adopted another form of government, pursuant to the provisions of chapter 210 of the laws of 1950, which other form of government will not become effective until [July 1] January 1 following the date fixed by law for the next election for commissioners in such municipality, no such election for commissioners shall be held in such municipality, but the commissioners in office at the time fixed for the holding of such election shall continue in office, and all subordinate boards, departments, bodies, offices, positions and employments shall likewise continue in effect and the incumbents thereof shall continue to hold the same, until 12:00 o'clock noon on [said July 1] January 1, with the same effect and subject to the same restrictions as though the terms of office of said commissioners had extended to and terminated at said time on [said July 1] January 1.
(cf: P.L.1955, c.12, s.1)
127. R.S.40:75-31 is amended to read as follows:
40:75-31. The clerk shall fix [a day for holding] the recall election [which, if convenient, shall be a Tuesday falling between the thirtieth and fortieth days] at the next succeeding primary or general election, whichever occurs nearest to the 54th day after the date of the certificate of notice provided for in section 40:75-29 of this title.
The municipal clerk and the board of commissioners shall make or cause to be made all arrangements for holding the recall election and shall provide all necessary funds therefor, and the commissioners may raise funds necessary for this purpose in any convenient manner.
(cf: R.S.40:75-31)
128. R.S.40:76-1 is amended to read as follows:
40:76-1. Any municipality which shall have operated for more than six years under 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" (title as amended), approved April twenty-fifth, one thousand nine hundred and eleven, or under the provisions of chapters 70 to 76 of this title (£ 40:70-1 et seq.), or both, may at a special election held [not later than August fifteenth] on the day of the general election in any year, abandon such organization thereunder and may resume the form of government under the law under which it was being governed, when said act or said chapters 70 to 76 was or were adopted, subject to any amendments and supplements to said law which may have been made in the interim. The procedure shall be as hereinafter in this chapter provided.
(cf: R.S.40:76-1)
129. R.S.40:76-3 is amended to read as follows:
40:76-3. The petition shall be in substantially the following form:
"To the clerk of ........................... (insert name of municipality). You are hereby requested to call a special election, which shall [not] be held [later than August the fifteenth] on the day of the general election in any year for the purpose of submitting the following proposition to the voters of ................................ (insert name of municipality): (here insert proposition as set forth in section 40:76-2 of this title); and for so doing this petition shall be your sufficient warrant.
............................ (insert name) is hereby designated as our agent or one of our agents to file this petition.
............................ (insert name) is hereby designated as our agent or one of our agents to file this petition.
............................ (insert name) is hereby designated as our agent or one of our agents to file this petition.
Signed.
Name. Street Address. ................................ ........................................ ................................ ........................................ ................................ ........................................ ................................ ........................................ State of New Jersey, ) ss. County of ....................... )
....................... , being duly sworn according to law, says: That he is the person who procured the signatures on this sheet, and that he knows that the signatures thereon are in the handwriting of the signers, and to the best of his knowledge and belief are the signatures of the persons purporting to sign the same.
Subscribed and sworn to before me this ....... day of ..........., A.D. 19 ..... "
(cf: R.S.40:76-3)
130. R.S.40:76-12 is amended to read as follows:
40:76-12. When it has been determined, by either the municipal clerk or a judge of the Superior Court, that the petition conforms to the provisions of this chapter, the clerk shall forthwith call a special election, to be held [not later than August fifteenth,]on the day of the general election in any year, for the submission of the question of the abandonment of the commission form of government, to the legal voters of the municipality by proceeding in the manner hereinafter in this chapter provided.
(cf: P.L.1953, c.37, s.248)
131. R.S.40:76-13 is amended to read as follows:
40:76-13. The [clerk shall fix a day for holding the special election, which shall be a Tuesday not more than thirty nor less than twenty days] date of the special election shall be the Tuesday next after the first Monday in November occurring not less than 54 days after the date of the certificate of notice provided for in section 40:76-15 of this title.
(cf: R.S.40:76-13)
132. R.S.40:76-19 is amended to read as follows:
40:76-19. The special election shall be held at the usual place or places of holding the annual election in the municipality [if the same be practicable, but if not practicable the clerk shall provide a suitable voting place in each election district in the municipality. The polls shall remain open during the hours from seven o'clock in the forenoon until nine o'clock at night,]and the election shall be conducted, by the election officers then holding office for the purpose of conducting elections in such municipality, in the manner prescribed by the laws relating to elections.
(cf: R.S.40:76-19)
133. R.S.40:76-21 is amended to read as follows:
40:76-21. [The municipal clerk shall provide ballots for each voter at such special election, to be printed on plain, substantial, white paper. The number of ballots to be provided by the clerk for each voting district in the municipality shall be at least fifteen per cent more than the total number of persons that voted in such district at the last preceding general election.]The ballot shall be in substantially the following form:
"To vote upon the public question printed below, if in favor thereof mark a cross (X) or plus (+) in the square at the left of the word YES, and if opposed thereto mark a cross (X) or plus (+) in the square at the left of the word NO.
" "Shall the ........................(name
of municipality) abandon its government under
[]YES chapters 70 to 76 of the title Municipalities
and Counties of the Revised Statutes
(£ 40:70-1 et seq.), commonly known as the
"Walsh Act",and resume the form of government
[]NO under the law under which it was operating at
the time when such commission form of
government was adopted, subject to any
amendments andsupplements to such laws which
have been passed in the interim?' "
(cf: R.S.40:76-21)
134. R.S.40:80-1 is amended to read as follows:
40:80-1. The legal voters of any municipality may adopt this subtitle at a special election to be held in such municipality, to be called by the municipal clerk upon request or petition in writing of the legal voters of the municipality not less in number than fifteen per centum (15%) of the number of persons who voted at the last preceding general election held for the purpose of electing all of the members of the general assembly as shown by the official canvass. [At this election no other proposition shall be voted upon.]
(cf: P.L.1950, c.65, s.2)
135. R.S.40:80-2 is amended to read as follows:
40:80-2. Upon the filing of such petition or request in writing with the municipal clerk, he shall forthwith call an election, to be held on the [fourth Tuesday following the date of the filing of the petition with him, but such special election shall not be held within four weeks of the municipal election] day of the general election next occurring. The clerk shall cause public notice of the time and place of holding such election to be given by advertisement signed by himself and posted in at least twenty conspicuous places distributed throughout the municipality, and published for at least two issues on different days previous to the time of such election in at least one newspaper which has been so published in such municipality for at least six months last past, and if there be no such newspaper then in a newspaper having a general circulation therein.
(cf: R.S.40:80-2)
136. R.S.40:80-4 is amended to read as follows:
40:80-4. The election shall be held at the usual place or places for holding the general election[, if the same is practicable. If not practicable, the municipal clerk shall provide a suitable voting place in each election district in such municipality].
(cf: R.S.40:80-4)
137. R.S.40:80-6 is amended to read as follows:
40:80-6. The [polls shall remain open from seven o'clock in the forenoon until nine o'clock at night, and the] election shall be conducted by the same election officers and in the manner prescribed by the laws regulating elections, and such officers shall report to the municipal clerk immediately after completing the count of the ballots a true and correct statement in writing under their hands of the results of such election.
(cf: R.S.40:80-6)
138. R.S.40:81-1 is amended to read as follows:
40:81-1. The municipal council shall consist of three, five, seven or nine members as authorized on the effective date of this 1981 amendatory act.
After the effective date of this 1981 amendatory act, the legal voters of any municipality may, by petition and referendum, increase or decrease the number of the municipal council to three, five, seven or nine members. Upon the submission of a petition signed by a number of the legal voters of the municipality equal in number to at least 15% of the total votes cast in the municipality at the last election at which members of the General Assembly were elected, the proposition to increase or decrease the membership of the municipal council shall be submitted to the voters at the next general election. The proposition shall not be submitted more than once in any 3-year period.
The signatures, verification, authentication, inspection, certification, amendment and submission of the petition shall be the same as for petitions to recall councilmen and shall be filed and certified to by the municipal clerk at least 60 days before the general election at which the proposition shall be submitted to a vote.
The question of the increase in the number of commissioners shall be submitted to the voters at the election in substantially the following form:
"Shall the membership of the municipal council of (name of municipality) be (insert "increased" or "decreased" as appropriate) from to members?" (insert current number) (insert proposed number)
A canvass and return of the vote upon the proposition shall be made by the election officers in the same manner as for officers voted for at the election, and a majority of all the votes cast upon the proposition in favor of the proposition shall be sufficient to make the change.
When the legal voters shall have voted to increase or decrease the membership of the municipal council as provided in this section, the increase or decrease shall take effect for the next regular [municipal] election of councilmen.
(cf: P.L.1981, c.427, s.2)
139. R.S.40:81-4 is amended to read as follows:
40:81-4. The members of the first municipal council shall be elected at the [municipal] general election held [on the fourth Tuesday] after the adoption of this subtitle and shall serve as members of the council from twelve o'clock noon of the [fourth] second Tuesday following such election until twelve o'clock noon of [July 1] January 1 in the fourth year thereafter, save in those cases in which the terms of some of the members of the council shall expire at twelve o'clock noon on [July 1] January 1 in each year in accordance with the provisions of article 3 of chapter 84 of this title (R.S.40:84-9 et seq.), and until their successors shall have been elected and duly qualified, unless their places shall have become vacant. The election shall 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.21)
140. R.S.40:81-5 is amended to read as follows:
40:81-5. [Except as otherwise provided by referendum of the voters, on] On the [second] Tuesday next after the first Monday of [May] November of the fourth year following such first election and on [the second Tuesday of May of] that same day every fourth year thereafter, there shall be elected the number of electors hereinbefore prescribed of like qualifications to serve as members of the municipal council for the term of 4 years and until their successors shall have been elected and duly qualified or unless their places become vacant. The term of office of councilmen subsequently elected shall commence on [July 1] January 1 next ensuing their election at 12 o'clock noon. Elections shall be conducted pursuant to the "Uniform Nonpartisan Elections Law," P.L.1981, c.379 (C.40:45-5 et al.).
(cf: P.L.1981, c.427, s.3)
141. Section 4 of P.L.1981, c.427 (C.40:81-5.1) is amended to read as follows:
4. Where the members of the municipal council in any municipality adopting the municipal manager form of government have 4-year terms of office pursuant to R.S. 40:81-5, the legal voters of the municipality, by petition and referendum, may provide that the terms of office of the members of the municipal council shall expire in staggered years as provided in this section.
a. An election upon the proposition to elect members of the municipal council to terms of office which expire in staggered years shall be ordered by the municipal council upon the submission of a petition signed by a number of the legal voters of the municipality equal to not less than 15% of the total votes cast in the municipality at the last preceding election at which members of the General Assembly were elected. The proposition shall be submitted at the next general election. The proposition shall not be submitted more than once in any 3-year period;
b. The signatures, verification, authentication, inspection, certification, amendment and submission of the petition shall be the same as for petitions to recall councilmen and shall be filed and certified to by the municipal clerk at least 60 days before the general election at which the proposition shall be submitted to a vote;
c. The question of the election of members of the municipal council to staggered terms of office shall be submitted to the voters at such election in substantially the following form:
"Shall the terms of office of members of the municipal council of expire in staggered years?" (name of municipality)
d. A canvass and return of the vote upon the proposition shall be made by the election officers in the same manner as for officers voted for at the election, and a majority of all the votes cast upon the proposition in favor of the proposition shall be sufficient to make the change;
e. When the legal voters shall have voted to have the terms of office of members of the municipal council expire in staggered years, there shall be elected at the next regular [municipal] election of councilmen the following:
(1) If the municipal council consists of three members, two of the members shall be elected for 4 years, and one for 2 years, the respective terms of each to be designated on the ballot;
(2) If the municipal council consists of five members, two of the members shall be elected for 4 years, and three for 2 years, the respective terms of each to be designated on the ballot;
(3) If the municipal council consists of seven members, three of the members shall be elected for 4 years, and four for 2 years, the respective terms of each to be designated on the ballot;
(4) If the municipal council consists of nine members, four of the members shall be elected for 4 years, and five for 2 years, the respective terms of each to be designated on the ballot.
Each council member elected thereafter shall serve for a 4-year term of office.
(cf: P.L.1981, c.427, s.4)
142. R.S.40:81-7 is amended to read as follows:
40:81-7. [Four] Two weeks after their election in the case of the first municipal council elected, and on [July 1] January 1 following all subsequent municipal elections, the members-elect of the municipal council shall assemble at the usual place of meeting of the governing body of the municipality and organize and elect one of their number as mayor. The mayor shall be chosen by ballot by majority vote of all members of the municipal council. If the members shall be unable, within five ballots to be taken within 2 days of said organization meeting, to elect a mayor, then the member who in the election for members of the municipal council received the highest vote, in accord with the manner of canvassing the ballots as herein set forth, shall be the mayor. Should such person decline to accept the office, then the person receiving the next highest vote shall be the mayor, and so on, until the office is filled.
(cf: P.L.1981, c.379, s.24)
143. R.S.40:84-2 is amended to read as follows:
40:84-2. The first municipal election for councilmen shall be held on the [fourth] Tuesday next after the first Monday in November occurring after the adoption of this subtitle and thereafter an election shall be held on the [second Tuesday in May] that same day in the fourth succeeding year and in each fourth year thereafter. Elections shall 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.25)
144. R.S.40:84-11 is amended to read as follows:
40:84-11. In cases provided for in this article the municipal election to be held in accordance with the "Uniform Nonpartisan Elections Law," P.L.1981, c.379 (C.40:45-5 et seq. ) shall be held on the [second] Tuesday next after the first Monday in [May in] November each year, and the number of persons to be elected at municipal elections shall be equal to the number of vacancies which are then to be filled, and the terms of office of the persons so elected shall be 3 years and until their successors are elected and qualified.
(cf: P.L.1981, c.379, s.26)
145. R.S.40:84-13 is amended to read as follows:
40:84-13. If the petition shall be sufficient the municipal clerk shall notify the councilman or councilmen whose recall is sought thereby within two days. If such notice cannot be served upon the councilman or councilmen affected, then service shall be made by leaving the same at his residence with a member of his family or attendant, and if access cannot be had to his residence, then by posting the same at the door thereof. If within five days after the service of the notice by the municipal clerk the councilman or councilmen sought to be recalled by such petition do not resign, or having tendered their resignation it shall not have been accepted by the municipal council, then the municipal clerk shall order and fix a date for holding a recall election, as herein provided. The election shall [not be less than forty nor more than fifty days from the filing of the petition] be held on the day of the general election next occurring. Notice of the filing of the petition and of the election as fixed shall be posted for public view in the office of the municipal clerk and he shall also insert the notice forthwith in a newspaper published in the municipality, or if there be no such newspaper, then in a newspaper having general circulation in such municipality.
(cf: R.S.40:84-13)
146. R.S.40:84-14 is amended to read as follows:
40:84-14. The ballots at the recall election shall conform to the requirements of this subtitle respecting the election for councilmen at the [municipal] general election[, except that for the words "municipal election" there shall be substituted the words "recall election"]. The recall features of the ballot shall appear at the top thereof and shall be separated from the portion of the ballot for the election of councilmen by a heavy black line. The proposal for recall shall be placed on the ballot in the following manner:
"Shall (here insert name of councilman) be removed from the office of councilman by recall?" This matter shall occupy two lines in bold-faced type. Immediately below the above wording shall appear the phrase "for recall" , and immediately underneath such phrase the words "against recall" . Immediately at the left of each of these two phrases shall be printed a square, in which the voter may make a cross ( x ) or plus (+) mark. Immediately below the foregoing shall appear the following:
"Indicate your vote by placing a cross ( x ) or plus (+) mark in one of the squares above."
(cf: R.S.40:84-14)
147. R.S.40:84-17 is amended to read as follows:
40:84-17. The municipal clerk shall cause to be made due publication of notice of arrangements for holding all recall elections and they shall be conducted as are other [municipal] elections.
(cf: R.S.40:84-17)
148. Section 1 of P.L.1979, c.268 (C.40A:4-45.3a) is amended to read as follows:
1. The provisions of any other law to the contrary notwithstanding, any referendum conducted by a municipality pursuant to subsection i. of section 3 of P.L.1976, c.68 (C.40A:4-45.3), for the purpose of requesting approval for increasing the municipal budget by more than 5% over the previous year's final appropriations, shall be held on the [last] Tuesday [in the month of February] next after the first Monday in June of the year in which the proposed increase is to take effect. The municipal budget proposing such increase shall be introduced and approved in the manner otherwise provided in N.J.S.40A:4-5 at least 20 days prior to the date on which such referendum is to be held, and shall be published in the manner otherwise provided in N.J.S.40A:4-6 at least 12 days prior to said referendum date. Notice shall be published pursuant to section 7 of P.L.1953, c.211 (C.19:57-7) on the next day following the introduction of the budget. This section shall apply only to municipalities that operate on the January 1 to December 31 fiscal year.
(cf: P.L.1991, c.75, s.21)
149. Section 1 of P.L.1983, c. 69 (C.40A:4-45.3a1) is amended to read as follows:
1. Notwithstanding the provisions of Title 19 of the Revised Statutes to the contrary, referenda conducted by any municipality pursuant to subsection i. of section 3 of P.L.1976, c.68 (C.40A:4-45.3), for the purpose of increasing the municipal budget by more than 5% over the previous year's final appropriations, may be conducted with respect to the provision of polling places and the compensation of election workers in the same manner as is provided for school elections under [Title 18A of the New Jersey Statutes] Title 19 of the Revised Statutes .
(cf: P.L.1983, c.69, s.1)
150. N.J.S.40A:14-41 is amended to read as follows:
40A:14-41 No municipality having a volunteer fire department shall establish a paid fire department and convert its volunteer force into a paid fire department unless and until the ordinance providing therefor shall have been submitted to and adopted by the legal voters of said municipality at [an] the general election [called for the purpose as herein provided] next occurring after the adoption of the ordinance.
The municipal clerk shall give public notice thereof at least 20 days prior to such election, by publishing in a newspaper circulating within the municipality, and posting in 10 conspicuous places, in said municipality, such notice of the election including a copy of the ordinance for the proposed establishment of a paid fire department and the conversion thereinto of their volunteer force.
The question to the legal voters of the municipality of the adoption of said ordinance shall be submitted as a public question in substantially the following form:
"Shall the (insert the title of the ordinance) be adopted?"
The ballot shall contain two squares to the left of the question, one with the word "Yes" , the other with the word "No" , respectively, to the right of the squares. The ballot shall contain instructions to voters to vote by marking a cross ( x ), or plus sign (+) or check mark ( X ) in the square according to their choice. If voting machines are used a vote of "Yes" or "No" shall be equivalent to such markings, respectively.
The municipal clerk shall forthwith canvass the returns of the election and shall certify the results of his canvass to the governing body of said municipality. If a majority of the legal voters voting on the question shall vote "Yes" , the ordinance shall become operative and the governing body may then proceed to establish a paid fire department and to convert the volunteer force into said department according to the provisions of the ordinance. Except as otherwise provided herein, this section shall not be construed to repeal any existing law, regulating the tenure, hours of service or compensation of the officers and members of any municipal fire department or force, for the organization or maintenance of any volunteer company or department therein, or providing for the creation or maintenance of fire districts therein.
(cf: N.J.S.40A:14-41)
151. N.J.S.40A:14-47 is amended to read as follows:
40A:14-47. In municipalities, except cities of the first class, wherein a proposal for a 2-platoon system shall have been adopted the governing body of the municipality, or the board or officer in charge of a paid or part-paid fire department and force, shall divide the paid members and officers of the said department and force into 2 platoons, one designated as a day force, the other as a night force. Each force, respectively, shall alternate the hours of duty on every fourth day. The hours of duty of the day force shall be from 8:00 A.M. to 6:00 P.M. and the night force from 6:00 P.M. to 8:00 A.M. the following morning, except that on every fourth day, for the purpose of such alternation the number of said hours of duty may be exceeded but one force shall be off duty at all times, except as otherwise provided by law.
The 2-platoon system shall be inoperative unless and until a proposal for such a system shall have been submitted to and adopted by the legal voters of the municipality at a [primary or] general election [or at an election held for that purpose]. It may be submitted as a public question, in the manner prescribed by law, by resolution of the governing body, or by filing with the governing body of the municipality a petition for such submission signed by at least 10% of the legal voters of the municipality in substantially the following form:
"(Insert the name of the municipality and state the question.)" The ballot shall contain 2 squares to the left of the question, one with the word "Yes" , the other with the word "No" , respectively, to the right thereof. The ballot shall also contain instructions to voters to vote by marking a cross ( x ), or plus sign (+) or check mark ( X ) in the square according to their choice. If voting machines are used a vote of "Yes" or "No" shall be equivalent to such markings, respectively.
The municipal clerk shall forthwith canvass the returns of the election and shall certify the results thereof to the governing body of the municipality. If a majority of the legal voters voting on the question shall vote "Yes" , the 2-platoon system shall become operative and the governing body or the board or officer in charge of said paid or part-paid fire department and force shall then proceed to establish such system.
This section shall not be construed to repeal or modify in any form any existing law relating to salaries, annual vacations, sick or disability leave of any of the members or officers of the paid or part-paid fire department or force.
(cf: N.J.S.40A:14-47)
152. N.J.S.40A:14-49 is amended to read as follows:
40A:14-49. The governing body of any municipality, by ordinance, may adopt a schedule of hours of actual duty for the members and officers of a paid or part-paid fire department and force based upon an average of 56 hours per week in any 6-week cycle, but in cases of emergency the officials in charge shall have authority to retain any uniformed member or officer on duty during the period of the emergency, and in any such case and within 12 months thereafter such member or officer shall be given hours off from the average of 56 hours per week in any 6-week cycle to compensate him for the extra hours served by him during such emergency.
Any such ordinance shall be inoperative unless and until it shall be submitted to and adopted by the legal voters of the municipality at a [primary or] general election [or an election held for such purpose].
Said adoption may be submitted as a public question in the manner prescribed by law, by resolution of the governing body or by filing with the governing body a petition for such submission, signed by at least 10% of the registered voters of the municipality. The question shall be submitted substantially on the ballot as follows:
Insert the name of the municipality and state the question. "Shall the ordinance providing that the uniformed members and officers of its fire department and force shall be maintained in such manner as to provide that no member or officer thereof shall be required to remain on duty in excess of 56 hours per week in any 6-week cycle except in cases of emergency be adopted?"
If a majority of the legal voters voting on such question vote in favor of the adoption, the ordinance on and after January 1 following such election shall become operative.
(cf: N.J.S.40A:14-49)
153. N.J.S.40A:14-70 is amended to read as follows:
40A:14-70. In any municipality not having a paid or part-paid fire department and force, the governing body, upon application of at least 5% of the registered voters or 20 legal voters, whichever is the greater, shall consider the designation of a fire district. Upon receipt of the application, the governing body shall fix a time and place for a hearing thereon. The municipal clerk shall advertise the notice of the hearing in a newspaper circulating in the county wherein the municipality is located at least once and not less than 10 days prior to the hearing. After the hearing the governing body shall determine the question of designation of a fire district. If the governing body decides that the designation of a fire district is appropriate, it, by ordinance, shall designate a territorial location or locations for use as a fire district or fire districts and, by resolution, provide for the election of a board of fire commissioners for the district or each district, to consist of five persons, residents therein, and specify the date[,]and time [and place] for the election of the first board.
The district or each district shall be assigned a number and the commissioners thereof and their successors shall be a body corporate, to be known as "the commissioners of fire district No. . . . . . in . . . . . . (name of municipality), county of . . . . . . . . . . (name of county)." The said body corporate shall have the power to acquire, hold, lease, sell or otherwise convey in its corporate name such real and personal property as the purposes of the corporation shall require. All sales and leases of real and personal property shall be in accordance with the provisions of section 13 or 14, as appropriate, of the "Local Lands and Buildings Law," P.L.1971, c.199 (C.40A:12-13 or 40A:12-14). Said body corporate may adopt and use a corporate seal, sue or be sued and shall have such powers, duties and functions as are usual and necessary for said purposes.
[On the date and at the time and place specified for the election of the first board the clerk of the municipality shall conduct the election and shall preside at the meeting until the board shall have been elected.]
At the first meeting of a newly elected board of fire commissioners of a district the board shall choose a chairman [and fix the place for the annual election]. The members of the board shall divide themselves by lot into three classes: the first to consist of two members whose terms shall expire at 12 o'clock noon on the first Tuesday in [March] December of the year following the year in which the first board is elected; the second, two members whose terms shall expire at 12 o'clock noon on the first Tuesday in [March] December of the second year following that year; and the third, one member whose term shall expire at 12 o'clock noon on the first Tuesday in [March] December of the third year following that year. The terms of fire commissioners in each class, other than members of the first board, shall expire at 12 o'clock noon on the first Tuesday in [March] December of the third year following the year in which they were elected.
Any vacancy in the membership shall be filled by the remaining members until the next succeeding annual election, at which time a resident of the district shall be elected for the unexpired term.
(cf: P.L.1991, c.223, s.1)
154. N.J.S.40A:14-72 is amended to read as follows:
40A:14-72. An election shall be held annually on the [third Saturday in February] Tuesday next after the first Monday in November in each established fire district for the election of members of the board according to the expiration of terms using the same registration and on the same official ballot required by law for the election of State and county officers. The initial election for a newly created fire district [may] shall take place on [another] that same date [as a governing body may specify under N.J.S.40A:14-70, but the annual election thereafter shall be held on the third Saturday in February]. The place of the election shall be [determined by the board] at the place where the general election is held and a notice thereof, and of the closing date for the filing with the clerk of the board of petitions of nomination for membership on the board, shall be published at least once in a newspaper circulating in the district, at least six weeks prior to the date [fixed for] of the election. Fire districts located in the same municipality may combine the publication of their notices of election. For the purpose of this section, "notices of election" shall include the notices required to be published under section 7 of P.L.1953, c.211 (C.19:57-7).
The legal voters thereat shall determine the amount of money to be raised for the ensuing year and determine such other matters as may be required.
(cf: P.L.1994, c.181, s.1)
155. N.J.S.40A:14-74 is amended to read as follows:
40A:14-74. The municipal clerk [or the clerk of the board of fire commissioners, as the case may be,]shall cause a further notice of the holding of such election to be published at least once not later than 1 week prior thereto in a newspaper circulating in said fire district.
[At least 7 days prior to the election the municipal clerk or the clerk of the board, as the case may be, shall obtain the registry list for the municipality or municipalities and election districts comprised within such fire district for the preceding general election. No person shall be permitted to vote at the election unless his name appears on the registry list or he shall have become of legal age and is otherwise qualified and shall file an application to vote with the clerk at least 2 days prior thereto.]
(cf: P.L.1973, c.25, s.2)
156. N.J.S.40A:14-78 is amended to read as follows:
40A:14-78. Any appropriation or other matter to be voted upon at such election shall be in the form of a question, placed upon the ballot [immediately following the names of the candidates for members of the board of fire commissioners,]in substantially the following form:
YES. (Question to be voted on)
NO.
The voter shall indicate his approval or opposition by making a cross (X), plus (+) or check (/) mark in ink or pencil in the appropriate square.
(cf: P.L.1994, c.77, s.21)
157. N.J.S.40A:14-82 is amended to read as follows:
40A:14-82. The board of commissioners of a fire district having a uniformed paid or part-paid fire department, by resolution, may adopt a schedule of hours of actual duty for the members of such district fire department based upon an average of 56 hours per week in any 6-week cycle, but in cases of emergency the official in charge shall have authority to retain any uniformed member on duty during the period of the emergency and in any such case and within 12 months thereafter such member shall be given hours off from the average 56 hours per week in any 6-week cycle to compensate him for the extra hours served by him during such emergency.
Any such resolution shall be inoperative unless and until it shall have been submitted to and adopted by the legal voters within said fire district at the annual election held for commissioners of the board[, or at a special election for such purpose].
The resolution shall be submitted as a public question in the manner prescribed by law, by resolution of said board, or by filing with the clerk of the board of fire commissioners of such district a petition for such submission, signed by at least 20% of the legal voters who voted in the next preceding annual election for members of the board of fire commissioners.
The question shall be submitted substantially as follows:
"Insert the name and number of the fire district and state the question as to whether the fire department of the district shall be maintained in such manner as to provide that no uniformed member thereof shall be required to remain on duty in excess of 56 hours per week in any 6-week cycle except in cases of emergency."
If a majority of the legal voters voting on such question vote in favor of the adoption, the resolution on and after January 1 following such election shall become operative.
(cf: N.J.S.40A:14-82)
158. N.J.S.40A:14-85 is amended to read as follows:
40A:14-85. The board of commissioners of a fire district may purchase fire engines, apparatus or other appliances for the extinguishment of fires and acquire lands or buildings or erect buildings for the housing of such equipment, at a cost not exceeding $60,000.00 or 2% of the assessed valuation of the taxable property in the district, whichever amount is larger, the money to be raised by a bond issue. Any such bond issue shall be authorized by a resolution of the commissioners specifying the amount and the purpose thereof. The resolution shall be inoperative unless and until it shall have been submitted to and approved by the legal voters within said fire district at the annual election held for the election of commissioners and appropriation of money for fire extinguishing purposes[, or at a special election for such purpose].
The resolution shall be written or printed and the election shall be upon notice stating the time and place. [If said election is to be the annual one, the] The notices shall be posted by the clerk of the board of fire commissioners in 10 public places, at least 10 days prior to the date of the election. The board of commissioners and the clerk, in their or his discretion, may advertise the election in a newspaper, published in the fire district, if any, otherwise in a newspaper published in the county of said district and circulating in such district. [When a special election is specified notices shall be posted in 10 public places, at least 21 days prior to the date of election, and the clerk of said board shall advertise said notice in such a newspaper at least twice prior to the election date.]
(cf: N.J.S.40A:14-85)
159. N.J.S.40A:16-4 is amended to read as follows:
40A:16-4. Whenever a vacancy occurs as provided in N.J.S. 40A:16-3 in the office of mayor or in the membership of the governing body of a municipality holding regular municipal elections, the vacancy shall be filled in the following manner:
a. If the vacancy occurs subsequent to September 1 of the last year of the term of the officer whose office has become vacant, the office may be filled for its unexpired term by appointment by the governing body as hereinafter provided;
b. If the vacancy occurs at any other time, the vacancy shall be filled for its unexpired term at the next general [or regular municipal] election, [whichever occurs first,]to be held not less than 60 days after the occurrence of the vacancy. The governing body may fill the vacancy temporarily by appointment as hereinafter provided.
(cf: P.L.1980,c.101,s.1)
160. N.J.S.40A:16-14 is amended to read:
40A:16-14. If a governing body shall fail to fill a vacancy in the office of mayor as provided in N.J.S.40A:16-4a or 40A:16-5a within the 30-day period prescribed by N.J.S.40A:16-11 or 40A:16-12, the municipal clerk shall forthwith fix the date for a special election to fill the vacancy [to be held not less than 45 days nor more than 50 days after the expiration of the time fixed for the filling of the vacancy. If the date fixed for a special election shall fall within 20 days prior to the holding of any general election, regular municipal election or any other election within the municipality, the vacancy shall be filled at that election. If the date fixed for a special election shall fall within 20 days after the holding of any general election, regular municipal election or any other election within the municipality, then the special election to fill the vacancy shall be held not less than 20 days nor more than 25 days from the date of that election] on the day of the primary or general election next occurring, whichever is sooner and occurs at least 54 days after the period to fill the vacancy.
Notwithstanding the foregoing, if a vacancy in the office of mayor occurs in the final 6 months of the term of the mayor, no special election shall be held to fill the vacancy.
No appointment shall be made by a governing body to fill a vacancy occurring in the office of a mayor after the fixing of a date for a
special election to fill the vacancy pursuant to this section.
(cf: P.L.1980,c.93,s.1)
161. N.J.S.40A:16-15 is amended to read as follows:
40A:16-15. If at any time after an election for the office of mayor or for a member of the governing body and before the time fixed for the commencement of the term of the office, the person elected to that office dies, the municipal committee of the political party of which the person elected was the nominee shall appoint another person to fill the position until the next [regular municipal] primary election, at which time a special election shall be held to fill the vacancy. If the person elected was not the nominee of a political party, on or within 30 days after the time fixed for the commencement of the term of office, the governing body shall appoint a successor to fill the office until the next [regular municipal] primary election, at which time a special election shall be held to fill the vacancy without regard to party.
(cf: P.L.1993, c.341, s.1)
162. N.J.S.40A:16-16 is amended to read as follows:
40A:16-16. Whenever the office of mayor or of member of the governing body shall be declared or deemed vacant pursuant to R.S. 19:3-25, the municipal clerk shall forthwith fix the date for a special election to fill that office for its term or unexpired term, as the case may be, [to be held not less than 45 days nor more than 50 days from the date upon which the office was so declared or deemed to be vacant] on the day of the primary election or general election next occurring, whichever falls at least 54 days nearest to the date on which the office has been declared vacant.
(cf: P.L.1980, c.93, s.3)
163. N.J.S.40A:16-17 is amended to read:
40A:16-17. If at any time after an election for the office of mayor or for a member of the governing body and before the time fixed for the commencement of the term of the office, it shall be determined that the person elected to that office shall no longer have the qualifications required for the office, the municipal clerk shall forthwith fix the date for a special election to fill the office for its term or unexpired term, as the case may be, [to be held not less than 45 days nor more than 50 days from] on the day of the primary election or general election next occurring, whichever falls at least 54 days nearest to the date of such determination.
(cf: P.L.1980, c.93, s.4)
164. N.J.S.40A:16-19 is amended to read as follows:
40A:16-19. The nomination of a successor to be elected at a special election as provided in N.J.S.40A:16-14, 40A:16-15, 40A:16-16 and 40A:16-17 shall be made in the following manner:
a. [In municipalities holding elections for municipal officers at the time of a general election, the] The municipal committees of the political parties in the municipality shall, no later than 15 days from the expiration of the time fixed in N.J.S.40A:16-14 for the filling of a vacancy by appointment or from the happening of the events set forth in N.J.S.40A:16-15, 40A:16-16 and 40A:16-17, select their candidates for election to the office, and file a statement of their selections with the municipal clerk. The statements so filed shall conform to the provisions of R.S.19:13-20. Other candidates for election to such office shall be nominated by petition in the manner set forth in subsection b. of this section.
b. [In municipalities holding regular municipal elections, nomination shall be by petition in writing filed with the municipal clerk. The petition shall be signed by a number of the registered and qualified voters of the municipality if the successor is to be elected at large, or of the ward if the successor is to be elected from a ward, equal to at least 0.5% of the total number of votes cast in the municipality, or ward, as the case may be, at the last preceding general election at which members of the General Assembly were elected, but in no case shall such petition be signed by fewer than 25 such voters. The petition shall be filed with the municipal clerk no later than 15 days from the expiration of the time prescribed in N.J.S. 40A:16-14 for the filling of a vacancy by appointment or from the happening of the events set forth in N.J.S. 40A:16-15, 40A:16-16 and 40A:16-17. The municipal clerk shall forthwith examine the petition, and, if he finds it to be defective in any particular, he shall return the petition to the person nominated thereby setting forth his reasons in writing. Within 3 days after its return, the petition as corrected may be refiled with the municipal clerk.](Deleted by amendment, P.L. ,c. .)
(cf: N.J.S.40A:16-19)
165. N.J.S.40A:16-20 is amended to read as follows:
40A:16-20. The nomination of a successor to be elected at a [regular municipal] primary or general election shall be made in the manner provided in Title 19 of the Revised Statutes.
(cf: N.J.S.40A:16-20)
166. (New section) a. The term of office of any member of a school board in a type II district which expires during the first week following the annual school election in the year in which P.L. , c. (C. ) (now pending before the Legislature as this bill) is enacted shall be extended until the day designated in the first week in January of the succeeding year. Any person running subsequently to fill the office of member of a school board in a type II district shall be voted for at the general election and take office on the day designated in the first week in January next occurring.
b. The term of office of any member of a regional district board of education which expires during the first week following the annual school election in the year in which P.L. , c. (C. )(now pending before the Legislature as this bill) is enacted shall be extended until the day designated in the first week in January of the succeeding year. Any person running subsequently to fill the office of member of a regional district board of education shall be voted for at the general election and take office on the day designated in the first week in January next occurring.
c. The term of office of any municipal officer which expires on the July 1 of the year in which P.L. , c. (C. )(now pending before the Legislature as this act) is enacted shall be extended until January 1 of the year following enactment. Any person running subsequently to fill that office shall be voted for at the general election and take office on the January 1 next occurring.
d. The term of office of any fire district commissioner which expires on the first Tuesday in March of the year in which P.L. , c. (C. ) (now pending before the Legislature as this act) is enacted shall be extended until the first Tuesday in December of that same year. Any person running subsequently to fill the office of commissioner shall be voted for at the general election and take office on the first Tuesday in December next occurring.
167. The following sections are hereby repealed:
N.J.S.18A:8-36;
P.L.1945, c.59 s.1-7 (C.19:48-3.15 to 3.21);
R.S.40:45-2;
P.L.1981, c.379, s.2 (C.40:45-6);
P.L.1981, c.379, s.11 (C.40:45-15);
P.L.1981. c.379, s.14 (C.40:45-18);
P.L.1951, c.280, s.14-17 (C.40:62-105.14 to 40:62-105.17);
P.L.1951, c.280, s.20-22 (C.40:62-105.20 to 40:62-105.22);
P.L.1967, c.184, s.9-12 (C.40:68-35 to 40:68-38);
R.S.40:75-40;
R.S.40:76-20;
P.L.1971, c.200, s.1 (C.40A:9-144);
N.J.S.40A:14-75 through 40A:14-77 inclusive;
R.S.54:4-45.
168. This act shall take effect on January 1st following the date of enactment.
STATEMENT
Under current State law, the election of public officials and votes on a variety of public questions relating to a county or municipality can and often do occur throughout the year.
The purpose of this bill is to limit the dates on which these many elections can occur to either the day of the primary election, which is the first Tuesday after the first Monday in June, or the day of the general election, which is the first Tuesday after the first Monday in November.
Specifically, under the bill:
1) the annual school elections would occur on the same day as the primary election, with new school board members taking office at the beginning of September; school budgets would be voted for at the same election and would include all of the revenues and expenditures featured in current school budgets;
2) the school fiscal year is changed to begin on September 1st and all school elections are placed under the jurisdiction of the county boards of election;
3) all elections in non-partisan municipalities, for both public offices and questions, would occur on the day of the general election;
4) the term "municipal election" is deleted from the statutes in order to eliminate confusion with the general election occurring on the same day;
5) current statutory provisions for run-off elections in non-partisan municipalities are eliminated, so that the candidate receiving the most votes in such an election is declared the winner;
6) the election of fire district commissioners in those municipalities with such districts is changed from the last Tuesday in February to the day of the general election;
7) public referenda, such as to change a municipality's form of government and elect new public officials, or referenda held to change a muncipality's name or to block the ratification of an ordinance, would occur only on the day of the general election;
8) elections to fill vacancies which are not subject to the Muncipal Vacancy Law would occur on the day of the primary or general election; and
9) changes are made to the form of the ballot used on the day of the general election, as provided for in Title 19 (Elections) of the Revised Statutes, in order to accommodate the additional offices and questions that will appear thereon.
Consolidates all elections to either day of primary or day of general elections.