SENATE, No. 1884

STATE OF NEW JERSEY

INTRODUCED MARCH 10, 1997

By Senator BENNETT

An Act concerning certain school elections and amending R.S.19:12-7 and P.L.1995, c.278.

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

    1. R.S.19:12-7 is amended to read as follows:

    19:12-7. a. The county board in each county shall cause to be published in a newspaper or newspapers which, singly or in combination, are of general circulation throughout the county, a notice containing the information specified in subsection b. hereof, except for such of the contents as may be omitted pursuant to subsection c. or d. hereof. Such notice shall be published once during the 30 days next preceding the day fixed for the closing of the registration books for the primary election, once during the calendar week next preceding the week in which the primary election is held, once during the 30 days next preceding the day fixed for the closing of the registration books for the general election, and once during the calendar week next preceding the week in which the general election is held.

    b. Such notice shall set forth:

    (1) For the primary election:

    (a) That a primary election for making nominations for the general election, for the selection of members of the county committees of each political party, and in each presidential year for the selection of delegates and alternates to national conventions of political parties, will be held on the day and between the hours and at the places provided for by or pursuant to this Title.

    (b) The place or places at which and hours during which a person may register; the procedure for the transfer of registration, and the date on which the books are closed for registration or transfer of registration.

    (c) The several State, county, municipal and party offices or positions to be filled, or for which nominations are to be made, at such primary election.

    (d) The existence of registration and voting aids, including: (i) the availability of registration and voting instructions at places of registration as provided under R.S.19:31-6; and (ii), if available, the accessibility of voter information to the deaf by means of a telecommunications device.

    (e) The availability of assistance to a person unable to vote due to blindness, disability or inability to read or write.

    (2) For the general election:

    (a) That a general election will be held on the day and between the hours and at the places provided for by or pursuant to this Title.

    (b) The place or places at which and hours during which a person may register; the procedure for transfer of registration, and the date on which the books are closed for registration or transfer of registration.

    (c) The several State, county and municipal offices to be filled and, except as provided in section 19:14-33 of this Title as to publication of notice of any Statewide proposition directed by the Legislature to be submitted to the people, the State, county and municipal public questions to be voted upon at such general election.

    (d) The existence of registration and voting aids, including: (i) the availability of registration and voting instructions at places of registration as provided under R.S.19:31-6; and (ii) the accessibility of voter information to the deaf by means of a telecommunications device.

    (e) The availability of assistance to a person unable to vote due to blindness, disability or inability to read or write.

    (3) For a school election:

    (a) The day, time and place thereof,

    (b) The offices, if any, to be filled at the election,

    (c) The substance of any public question to be submitted to the voters thereat,

    (d) Such other information as may be required by law.

    c. If such publication is made in more than one newspaper, it shall not be necessary to duplicate in the notice published in each such newspaper all the information required under this section, so long as:

    (1) The municipal officers or party positions to be filled, or nominations made, or municipal public questions to be voted upon by the voters of any municipality, shall be set forth in at least one newspaper having general circulation in such municipality;

    (2) All offices to be filled, or nominations made therefor, or public questions to be voted upon, by the voters of the entire State or of the entire county shall be set forth in a newspaper or newspapers which, singly or in combination, have general circulation throughout the county;

    (3) Information relating to nominations and elections in each Legislative District comprised in whole or part in the county, shall be published in at least a newspaper or newspapers which singly or in combination, have general circulation in every municipality of the county which is comprised in such legislative district.

    d. Such part or parts of the original notices as published which pertain to day of registration or primary election which has occurred shall be eliminated from such notice in succeeding insertions.

    e. Notwithstanding anything to the contrary in this section, in a school election the county board shall give notice of each election not less than 10 days prior to the date fixed for the election[, by posting at least seven copies of the notice, one on each schoolhouse in the district and the others at such public places therein as the board shall direct and] by causing a [copy] notice thereof to be published at least once[,] in at least one newspaper published in each municipality in the district and, if no newspaper is published in any such municipality or such a newspaper will not be published in time to publish the notice in accordance with this section, then, as to the municipality, in at least one newspaper published in the county or State and circulating in the municipality.

    f. The cost of publishing the notices required by this section shall be paid by the respective counties ,or for school elections, by the respective school district .

(cf: P.L.1995, c.278, s.16)

    2. Section 2 of P.L.1995, c.278 (C.19:60-2) 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] 30 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, unless the Commissioner of Education shall first have certified in writing the necessity therefor. The board of education shall give the municipal clerk or clerks, as the case may be, and the county board of elections no less than 60 days' notice, in writing, of its intention to hold a special election.

    b. No business 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)

    3. This act shall take effect on January 1 following enactment.

STATEMENT

    The purpose of this bill is to make several changes in the current law regarding the administration of school elections and special school elections.

    Specifically, the bill:

    1) Eliminates the requirement that seven notices of each school election be posted no less than 10 days prior to that election in each municipality holding a school election;

    2) Requires that no school election be held later than 30 days prior to another election rather than 20 days, as provided for by current law; and

    3) Requires a board of education to give the municipal clerk or clerks, as the case may be, and the county board of elections no less than 60 days' notice, in writing, of its intention to hold a special election.

Makes certain changes in current law regarding the administration of school elections and special school elections.