[Second Reprint]

SENATE, No. 511

STATE OF NEW JERSEY

INTRODUCED JANUARY 29, 1996

By Senators BASSANO and BUBBA

An Act concerning the election of members of a board of freeholders by districts in certain counties and supplementing ¹[P.L.1972, c.154] Title 40 of the Revised Statutes¹.

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

    1. Notwithstanding any provision of law ²[or the results of any referendum]² to the contrary, all of the members of a board of freeholders of a county ¹other than a county¹ that adopted one of the optional plans provided for in P.L.1972, c.154 (C.40:41A-1 et seq.) shall be elected by districts whenever the county ¹has a population in excess of 450,000, according to the most recent federal decennial census, and¹ contains a municipality the population of which, according to the most recent federal decennial census, comprises at least ¹[one-third] 30 percent¹ of the total population of the county.

    2. Any county that ¹[has adopted one of the optional plans provided for in P.L.1972, c.154 (C.40:41A-1 et seq.) prior to the effective date of P.L. , c. (C. )(pending before the Legislature as this bill) and]¹ is required to adopt a district representation system ¹[or adjust district boundaries]¹ pursuant to section 1 of P.L. , c. (C. )(pending before the Legislature as this bill) shall be divided into districts by district commissioners in accordance with the ²following² provisions ²[found in sections 117 through 123 of P.L.1972, c.154 (C.40:41A-117 through 123), except that notwithstanding those provisions]²:

    a. The district commissioners shall consist of five members who shall be appointed:

    (1) within 10 days following the effective date of P.L. , c. (C. ) (pending before the Legislature as this bill) with respect to the initial adoption of a district representation system ²[or adjustment of district boundaries]² pursuant to P.L. , c. (C. . )(pending before the Legislature as this bill), or

    (2) within 60 days following the official promulgation of each decennial federal census with respect to subsequent adjustment of district boundaries;

    b. Two district commissioners shall be appointed by each of the county chairmen of the county committees of the two political parties whose candidates for Governor received the largest number of votes at the most recent gubernatorial election. Each county chairman, in making such appointments, shall give due consideration to the representation of the various geographical areas of the county. The Chief Justice of the Supreme Court of New Jersey shall appoint a fifth district commissioner who shall be a fair-minded and impartial person and who shall not have held elected public or party office in this State at any time during the three-year period immediately prior to appointment as a commissioner;

    c. The district commissioners shall fix and determine the district boundaries so that each district is formed of compact and contiguous territory having clearly definable boundaries. The districts so created shall be as equal as possible in population. In no event shall any district contain less than 95% or more than 105% of the total number of inhabitants of the county divided by the total number of districts. Unless necessary to meet the foregoing requirements, no municipality shall be divided among districts unless it shall contain more inhabitants than the districts being formed contain;

    d. The district commissioners shall meet within 15 days following the effective date of P.L. , c. (C. )(pending before the Legislature as this bill) with respect to the initial adoption of a district representation system ²[or adjustment of district boundaries]², or within 75 days following the official promulgation of each decennial federal census with respect to subsequent adjustment of district boundaries, and ², having first taken and subscribed before some officer authorized to administer oaths, an oath faithfully and impartially to perform the duties imposed upon them,² shall proceed to divide the county into districts in proportion to the total number of members of the board of freeholders chosen by the voters of the county. Notwithstanding any statute, rule or regulation to the contrary, meetings of the district commissioners shall not be subject to the "Open Public Meetings Act," P.L.1975, c.231 (C.10:4-6 et seq.);

    e. Within 60 days following the effective date of P.L. , c. (C. ) (pending before the Legislature as this bill) with respect to the initial adoption of a district representation system ²[or adjustment of district boundaries]², or within 120 days following the official promulgation of each decennial federal census with respect to subsequent adjustment of district boundaries, the district commissioners shall make and file their report and certificate ²[in accordance with the provisions found in section 121 of P.L.1972, c.154 (C.40:41A-121)]over at least three of their signatures setting forth and properly describing the district boundaries fixed and determined, to which there shall be annexed a map of the county with the district boundaries clearly marked thereon. The report so certified shall be filed in the office of the clerk of the county, and a copy thereof shall also be filed with the Secretary of State²; and

    f. A notice of the district boundaries ²[shall be published in accordance with the provisions found in section 122 of P.L.1972, c.154 (C.40:41A-122)] as fixed and determined by the district commissioners shall be published by the clerk of the county at least once in a newspaper published in the county, or, if there be no newspaper published in the county, then in a newspaper of general circulation, circulated in the county² within 14 days immediately next succeeding the filing of the report and certificate.

    The districts established pursuant to this section shall be in effect for any election to fill the office of freeholder following the establishment of districts and shall remain in effect until the establishment of districts following the subsequent federal decennial census pursuant to this section. Any adjustment of district boundaries shall conform to the provisions of this section.

    3. This act shall take effect immediately.