CHAPTER 5  ELECTIONS

 

 

REGISTRAR OF VOTERS & ADMINISTRATOR OF ELECTIONS  9/15/09

 

In accordance with the Statutory Duties of the Municipal Clerk of the State of  New Jersey as described in N.J.S.A. 40A:9-133 et seq. the New Jersey Municipal Clerk is the Chief Administrative Officer in all elections held in the municipality and the Chief Registrar of Voters in the municipality subject to the requirements of N.J.S.A. 19.

 

Form of Municipal Government. The Form of Government of each of New Jersey's 565 Municipalities has an impact on the Election of the local governing body. In the Introduction Course to Duties of the Municipal Clerk you learned about the five (5) traditional forms of government. There are other varied forms of government, many that were added by the Optional Municipal Charter Law also known as the Faulkner Act. The following list provides brief information on the types of elections covered in this chapter. Please note that some dates and types of elections are dictated by the type of Government established in the Municipalities Charter, the number of elected officials, terms, and manner of elections are relative to the form of government. The process of changing the form of government or the structure of that form will be covered later in this Chapter under the Section entitled Charter Study Commission.  9/15/13

 

REFERENCES: 9/15/09; 9/15/10; 9/15/12

 

The Statutory references for the Municipal Clerk with regard to elections held in New Jersey are as follows:

 

N.J.S.A. 19 - Duties and responsibilities as regards the conduct of elections

 

N.J.S.A. 40:45 - Non-partisan Elections

 

N.J.S.A. 18A - School Board Elections

 

Each Municipal Clerk should have an updated copy of these statutes, including the annually updated "pocket parts" available in their office.

 

The Chronological Index is a "handy reference guide" which is posted annually on the New Jersey Division of Elections’ website, www.njelections.org and most County Clerks will provide a calendar of significant dates to each Municipal Clerk within their county. 10/31/04

 

This "Study Guide" contains some of the duties and responsibilities of the  Municipal Clerk as regards the conduct of elections.  The Municipal Clerk should  always reference the appropriate State Statutes to ascertain any updates of the information contained in this Chapter, and when in doubt, seek the written opinion of their Municipal Attorney. 

 

The following is a list of the Elections that pertain to the Municipality and are covered in this chapter:

 

Types of Elections

Type

Month

Date

Purpose

Partisan

Non-Partisan

School

April

3rd Tuesday;

or 1st Tuesday after 1st Monday in November if Resolution adopted pursuant to P.L. 2011, c.202  9/15/13

Elect School Board members and vote to approve or defeat proposed school board budget;

School Budget not on ballot if election held in November  9/15/13

Partisan

Non-Partisan

Municipal

May or Nov.**

2nd Tuesday** Or 1st Tuesday after 1st Monday in November if Ordinance Adopted pursuant to P.L. 2009, Chapter 196.

Elect Officials to Governing Body in Non-Partisan Municipalities.  Also Public Questions and Referenda

Non-Partisan

Primary

June

1st Tuesday after the 1st Monday

Select Candidates who will run for elected office for each political party in the General Election. Also elect members to Municipal Committee (County Committee)

Partisan

General

November

1st Tuesday after the 1st Monday

 

Partisan

Runoff

June or December

4th Tuesday following the Municipal Election or Special Election on 2nd Tuesday in December if Municipal Election is held on date of General Election pursuant to P.L. 2009, C196

Utilized when a sufficient number of candidates do not receive a majority of the votes that were cast

Non-Partisan

Only where charter provides for

Special

Varies

Varies

Various: Recall, Initiative, Referenda, Charter Study, etc.

Varies

Recall

Varies

Varies

Decides whether or not an elected official should be removed from office and provides for voters to elect replacement if official is recalled.

All Municipalities

Fire Districts

February

3rd Saturday or 1st Tuesday after 1st Monday in November 9/15/18

Elect Fire Commissioners and approve or defeat proposed budget

After creation

Handle by the Fire District

 

The Municipal Clerk interacts with the following County Officials regarding Elections:

 

1.     Commissioner of Registration (N.J.S.A. 19:31-2)

 

a.       In all Counties having a Superintendent of Elections, the Superintendent of Elections is the Commissioner of Registration.

 

b.       In all other Counties the Secretary of the County Board of Elections is constituted as the Commissioner of Registration.

 

c.       The Commissioners of Registration shall have complete charge of registration of all eligible voters within their respective counties.

 

2.     County Clerk

 

3.     County Board of Elections - This board is made up of four (4) appointed members; two (2) Democrats and two (2) Republicans. 9/15/12

 

DEFINITIONS:

 

a.         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.

 

b.         Incumbent means a person currently holding an elected public office.

 

c.         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.

 

d.         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.

 

e.         Political party is any political group that has at least ten percent (10%) of the total vote cast in a General Election held for the election of members of the General Assembly, prior to the primary. 9/15/10

 

f.          Partisan means belong to a political party and affiliates when voting in a primary.

 

g.         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.

 

h.         Non-Partisan means no affiliation with a political party.

 

 

 

I.         VOTER REGISTRATION

[N.J.S.A. 19:31-1 et seq.]

 

A.         National Voter Registration Act [N.J.S.A. 19:31-1 et seq.]

 

1.         No person shall be permitted to vote at any election unless such person shall have been registered to vote.  [N.J.S.A. 19:31-1]   9/14/07

 

2.         No registrant shall lose the right to vote or have their names removed from the registry solely for failing to vote in one or more elections. [N.J.S.A. 19:31-5]   10/31/04; 9/14/07

 

B.         Who is eligible to Register to Vote: [N.J.S.A. 19:31.5]  9/14/07

 

1.         A person who will be eighteen (18) years of age or older at the time of  the next ensuing election.

 

2.         A person who is a United States Citizen.

 

3.         A person who is a resident of the State of New Jersey and of the County at least thirty (30) days before the election.

 

C.         When to Register [N.J.S.A. 19:31-6.1]

 

1.         The deadline to register is twenty-one (21) days before an election. Voters may register after the deadline, but registrant should be advised that he will not be eligible to vote in the election immediately forthcoming but will be eligible to vote in elections held thereafter.   9/15/06; 9/14/07

 

2.         Evening registration may be held prior to the close of registration from 4:00 p.m. to 9:00 p.m. on the twenty-first (21st) day prior to election. [N.J.S.A. 19:31-2].   12/02; 9/15/06

 

3.         Schools are required to provide voter registration material to those students eligible to register. P.L. 2009, C281. 9/15/10

 

D.         Voter registration in New Jersey is permanent, provided the voter remains at the same address that they have registered in.  Once a voter moves within the County they must file a change of address notice with the County Board of Elections. 9/15/06; 9/14/07; 9/15/09

 

E.         Exceptions: 10/31/04; 10/31/05; 9/15/09

 

1.         If the voter moves to another County or State a new registration form must be completed.

 

2.         In the event of a death of a registered voter the name is removed from the registration list after the Superintendent of Elections/Commissioner of Registration receives the following verifications:

 

a.         The Registrar of Vital Statistics shall file with the Commissioner of Registration for the county in which the municipality is located once each month, during the first five (5) days thereof, the age, date of death, name and addresses of all persons eighteen (18) years of age or older who have died within such municipality during the previous month.

 

b.         Within thirty (30) days after the receipt of such list, the Commissioner of Registration shall make and complete such an investigation as is necessary to establish that such deceased person is registered as a voter in the County.

 

c.         The Commissioner shall cause the registration and record of voting forms of the deceased registrant to be transferred to the death file as soon as possible.

 

3.         Once a month during the first five (5) days, the chief State election official shall notify the Commissioner of Registration of a county, any information which the official shall have received during the previous month from the United States Attorney concerning the conviction of a resident of the county of a crime which would, under the laws of the United States, or any other official action relating to such a conviction, constitute grounds for disfranchise of the person under the laws of this State.  9/15/18

 

4.         Once each month during the first five (5) days the prosecutor shall deliver to the Commissioner of Registration of that County a list of the names and addresses of all persons and their ages and offenses who have been convicted during the previous month of a crime which would disfranchise them under the laws of this State.  9/15/18

 

F.         Registration by Municipal Clerk: 9/15/09; 9/15/12

 

1.         The Commissioner of Registration shall forward to each Municipal Clerk a sufficient supply of mail in voter registration forms.  This form may be used for first time registration, change of address, party affiliation or change of name.  10/31/05; 9/15/12

 

2.         The Commissioner and Municipal Clerks may make arrangements for transmitting registrations. It is a good practice to maintain a list of registrants in the event registrations mailed to the Commissioner of Registration are misplaced or lost.

 

G.         Registration by Mail: [N.J.S.A. 19:31-6.3] 9/15/09

 

1.         Registration by mail is permissible in New Jersey.

 

2.         Forms may be obtained from the:

 

a.         Municipal Clerk's Office

 

b.         County Board of Elections

 

c.         Commissioner of Registration

 

d.         Division of Worker's Compensation   9/14/07

 

e.         Division of Employment Services   9/14/07

 

f.          Division of Unemployment and Temporary Disability   9/14/07

 

g.         Division of Taxation   9/14/07

 

h.         Public Libraries   9/14/07

 

i.          Any office or commercial establishment where State licenses or permits (other than professional or occupational) are available to the public   9/14/07

 

j.          Any recruitment office of the NJ National Guard   9/14/07

 

k.         New Jersey Transit Corporation  10/31/05; 9/14/07

 

l.          Public Institution of Higher Education for eligible enrolled students and eligible prospective students as defined in the Statute  10/31/05; 9/14/07

 

m.        Any eligible institution receiving financial assistance, aid or grants from State funds  10/31/05; 9/14/07

 

3.         Voter Registration Agencies (including the Municipal Clerk's Office) shall prominently display voter registration applications and voting instructions, make applications readily available, obtain voter registration forms from the Commissioner of Registration. [N.J.A.C. 15:10-1.4] 

 

4.         Whenever an individual registers by mail  to vote for the first time in his or her current county of residence: [N.J.S.A. 19:31-5] 10/31/04

 

a.         That individual shall provide either:

 

(1)        The individual's New Jersey driver's license number; or

 

(2)        The last four digits of the individual's Social Security Number; or shall submit with the voter registration form a copy of:

 

(a)        A current and valid photo identification card;

 

(b)        A current utility bill, bank statement, government check or pay check;

 

(c)        Any other government document that shows the individual's name and current address; or

 

(d)        Any other identifying document that the Attorney General has determined to be acceptable for this purpose.

 

b.         If the individual does not provide his or her New Jersey driver's license number or Social Security Number information or submit a copy of any one of these documents, either at the time of registration or at any time thereafter prior to attempting to vote, the individual shall be asked for such identification when voting for the first time at an election at which candidates are seeking federal office or thereafter. If the voter does not display one of these documents, the voter shall not be permitted to vote by machine but shall instead be provided with a provisional ballot. 10/31/05; 9/15/10

 

c.         Reserved. 9/15/10

 

d.         This subsection shall not apply to any voter: 10/31/05

 

(1)        Entitled to vote by mail-in ballot under the 'Uniformed and Overseas Citizens Absentee Voting Act'; 9/15/09

 

(2)        Provided the right to vote other than in person under the 'Voting Accessibility for the Elderly and Handicapped Act;

 

 

(3)        Entitled to vote otherwise than in person under any other federal law;

 

(4)        Who registers to vote by appearing in person at any voter registration agency or to any person whose voter Registration form is delivered to the County Commissioner of Registration or to the Attorney General, as the case may be, through a third party by means other than by mail delivery.

 

5.         No registrant shall lose the right to vote, and no registrant’s name shall be removed from the voter registration list of the county in which the person is registered, solely on grounds of the person’s failure to vote in one or more elections. 9/15/09

 

H.         Every person who meets the requirement to be eligible to vote who is applying in person for a driver’s license, permit, probationary driver’s license or non-driver identification card, including renewals, will be provided the opportunity to decline automatic voter registration.  9/15/18

 

I.          Military Service – Emergency Voting Form

 

            This is a convenience for members of our military and their family when recently discharged in a district other than the one in which they may be registered to vote. [N.J.S.A. 19:57-34]: 9/15/09

 

1.         Any person who has been in the military service (including his spouse and dependents) or a civilian attached to or serving with the Armed Forces of the United States (including his spouse and dependents who accompanied him) or a patient in any such veterans' hospital, but who has been discharged or released from such service or discharged from said hospital too late to register at the last registration day before any election, may obtain an emergency voting form at the office of the proper Commissioner of Registration if he has been previously permanently registered, and upon presentation of such emergency voting form to the proper district board, he shall be permitted to vote.

 

2.         In the event that he has not been permanently registered, upon exhibiting his discharge or certificate of service to such Commissioner of Registration, such Commissioner shall require such discharged or released elector to register notwithstanding any provisions of law prohibiting the taking of registrations at such time, before issuing such emergency voting form.

 

3.         Emergency Voting Form is a means to vote for a recently discharged voter who is not residing in his place of registration.  It also provides for a recently discharged person attached to the military to register at a new residence within the twenty-one (21) days prior to the election. 9/15/09

 

J.          Who has to adhere to the registration deadlines: 9/15/09

 

1.         Persons who want to register for the first time;

 

2.         Persons who move from one county to another county before the close of the registration deadline;  12/01

 

3.         Persons who move from another state to New Jersey.

 

K.         Provisional Voting 10/31/04

 

            Provisional voting is a means of voting by “Paper Ballot” at the polls when there may be a question regarding voter eligibility; it is a means that allows for confirmation of registration, residency and eligibility before the vote is counted.  Provisional Voting is also referred to as Fail Safe Voting.  Remember-to vote in New Jersey, a voter must be registered. 9/15/09

 

1.         The County Clerk or the Municipal Clerk, in the case of a municipal election, shall arrange for the preparation of a provisional ballot packet for each election district.  The statutory requirements for the preparation, use and counting of provisional ballots is set forth in N.J.S.A. 19:53C.

 

2.         Voters eligible to vote by Provisional Ballot:

 

a.         A voter who has moved within a municipality but currently resides in an election district different from that listed, he/she may vote at his newly designated polling place by means of a Provisional Ballot and after completing an affirmation statement. [N.J.S.A. 19:53C-3b] 10/31/04

 

b.         A voter  who is currently registered in the county and moves to another address within the same county and neglects to file a change of address or fails to respond to confirmation notice mailed by the Board of Elections.  The provisions of this act apply only to voters who are already registered and have moved within the county.  He/she may vote at his newly designated polling place by means of a Provisional Ballot. [N.J.S.A. 19:53C-3c] 10/31/04

 

c.         A voter whose voter registration information is missing may vote by means of a Provisional Ballot and after completing an affirmation statement.  [N.J.S.A. 19:53C-3g]  10/31/04

 

d.         First time voters for a Federal Election who registered to vote and failed to submit required identification with the registration form at the polls. [N.J.S.A. 19:15-17] 10/31/04

 

3.         Fail Safe Voting Procedure At The Polls Involving Change of Address: 10/31/04

 

a.         The voter will go to the polling place of the voting district to which the voter has moved to get permission to vote through the provisional voting procedure. 

 

b.         The District Board worker shall receive verification from the Board of Elections or the Superintendent of Elections to confirm that the voter is indeed a registered voter in the county.

 

c.         If the voter's registration is confirmed:

 

(1)        Voter makes a written affirmation regarding the change of address.

 

(2)        District Board worker provides registrant with  provisional ballot and affirmation statement; the affirmation statement  must be completed and returned with the completed provisional ballot to the District Board Worker.  The affirmation statement constitutes a transfer to the registrant's new residence for any subsequent election. 9/15/09

 

d.         If page in registration book is flagged: 9/15/09

 

(1)        If voter has not moved, voter completes an Affirmation of address form and votes at the polls.

 

(2)        If a voter has moved to another county after the close of registration, the voter will be permitted to return to the former residence to vote, even though it is a different county.  [Afran v. County of Somerset, 244 N.J. Super.229 (App. Div. 1990)] 10/31/04

 

(3)        If voter has moved within the county after the close of registration, the voter will go to the polling place of the voting district to which the voter has moved to get permission to vote through the provisional ballot.

 

(4)        This is a one-time exception.

 

e.         If Voter's Registration is Not Confirmed: 9/15/09

 

(1)        Voter will not be permitted to vote.

 

(2)        Voter has right to go to Superior Court and obtain a Court Order to permit them to vote.

 

(3)        Provisional Ballot Free Access System   [Voting Opportunity & Technology Enhancement Act] 10/31/04

 

            The Secretary of State shall establish a free-access system, such as a toll-free telephone number, an Internet website or any combination thereof, that any individual who casts a provisional ballot may access to ascertain whether the ballot of that individual was accepted for counting and, if the vote was not counted, the reason for the rejection of the ballot. The system shall at all times preserve the confidentiality of each voter, and shall ensure that no person, other than the individual who cast the ballot, may discover whether or not that individual's ballot was accepted, unless so informed by the voter. [N.J.S.A. 19:31-3.2] 10/31/04

 

L.         Handling of Voter Registration in situations of domestic violence/stalking 9/15/09

 

            A person who is:

 

1.         A victim of domestic violence who has obtained a permanent restraining order against a defendant pursuant to N.J.S.A. 2C:12-10 and fears further violent acts by the defendant or

 

2.         A victim of stalking, or member of the immediate family of such victim as protected under the terms of a permanent restraining order issued pursuant to N.J.S.A. 2C:12-10.1 and who fears death or bodily injury from the defendant against whom that order was issued may be allowed to register to vote without disclosing the person's street address by leaving the space for street address blank, attaching a copy of the permanent restraining order and a note which indicates that the person fears future violent acts by the defendant and which contains the mailing address, post office box or other contact point where mail can be received by the person.  That person shall indicate on a map to the commissioner or superintendent of elections the election district in which the person resides and that person shall be allowed to vote at the polling place for that district.

 

            Any person who makes public any information which has been provided by a victim of domestic violence or by a victim of stalking or the family member of such victim is guilty of a crime of the fourth degree.

 

M.         P.L.2018, c.2018 dramatically expanded the opportunity for automatic voter registration through the New Jersey Motor Vehicle Commission.  The instances of registration through the municipal clerk may decreased in the future.  9/15/18

 

 

II.        POLLING PLACES

[N.J.S.A. 19:8-2]  10/31/05; 9/15/12

 

A.         Deadline for Certification of Suggested Polling Places [N.J.S.A. 19:8-2]

 

1.         On or before April 1st of every year, the Municipal Clerk of every municipality shall certify to the County Board of Election a suggested list of places in the municipality suitable for polling places.   10/31/05; 9/14/07; 9/15/12

 

2.         The County Board of Election shall select the polling places and may select schoolhouses, public buildings as polling places, whether or not they are located within the election district, and shall designate the rooms or places, entrances and exits to be used for the election. The County may select a polling place other than a schoolhouse or public building for the convenience of the voters. Consideration shall be given to the use of buildings accessible to individuals with disabilities and the elderly.

 

            In no case shall the authorities in charge of a public school or other public building deny the request of the County Board for the use of such building as a polling place. Preference in locations shall be given to schools and public buildings if same can be used without detriment to the operation of the building. [N.J.S.A. 19:8-2 & 3] 10/31/05

 

3.         The County Board of Elections shall certify polling places by May 15th of every year to the Superintendent of Elections and Municipal Clerks. [N.J.S.A. 19:8-4] 10/31/05; 9/14/07; 9/15/12

 

B.         Accessibility to Polling Places - Barrier Free 10/31/05

 

1.         Each polling place selected by the County Board of Elections for use in any election shall be accessible to elderly and physically disabled voters unless the Attorney General determines that a state of emergency exists that would otherwise interfere with the efficient administration of that election; or grants a waiver based upon a determination that all potential polling places have been surveyed and no accessible polling place is available; nor is the municipality able to make one temporarily accessible in or near the election district involved.

 

2.         Whenever possible, the County Board of Elections shall contact the managers or owners of commercial or private buildings that are deemed suitable as polling places and are in or near election districts lacking an accessible polling place, to attempt to use such building as a polling place. Reimbursement will be the same as for schools and public buildings. No manager or owner shall relocate the polling place room without the express approval of the Board.

 

3.         The County Executive or Governing Body of each county shall establish a Voting Accessibility Advisory Committee.

 

C.         Expenses for use of polling places

 

            The authority in charge of such polling places shall be reimbursed, by agreement, for expenses of light, janitorial and other services for such use.

 

D.         Equipment

 

            The County Board of Elections in Counties of the first class and the Municipal Clerks in all other Counties shall purchase or lease and furnish the proper equipment for the polling places.  This equipment shall consist of tables, chairs, lights, booths and all other items necessary for conducting an election.  The Municipal Clerk's responsibility is that all equipment shall be ready for use by the district boards in ample time to enable them to perform their duties.

 

E.         Voter Information Notice  10/31/05

 

1.         A County Board of Elections shall have posted a voter information notice, which shall be referred to as a voter's bill of rights, in a conspicuous location in each polling place before the opening of the polls on the day of any election. The information required to be posted is set forth in. N.J.S.A. 19:12-7.1.

 

2.         The voter information notice shall be printed on each sample ballot, to the extent practicable, or if not practicable, information on how to view or obtain a copy of the voter information notice shall be printed on each sample ballot.

 

F.         For seven (7) days before the day of any election, each County Board of Elections may cause to be displayed a sign outside of each polling place identifying it as such, and identifying the date and hours of polling.  10/31/05

 

 

III.      DISTRICT BOARDS

[N.J.S.A. 19:6-1]

 

A.         Appointment

 

            Appointed by the County Board of Elections on or before April 1st.  9/14/07; 9/15/12

 

            Appointment shall be for one (1) year or until their successors are appointed. 

 

B.         Membership

 

1.         The district boards of each election district shall consist of four (4) members, except that where electronic voting systems are in use any election district in which there are more than nine hundred (900) registered voters that district shall consist of six (6) members. 

 

2.         The members of any district board shall be equally apportioned between the two (2) political parties.

 

Exception. If the county board is unable to fill all of the positions of the members of particular district board from among qualified members of those two (2) political parties, the County Board shall appoint to any such unfilled position a qualified person who is unaffiliated with any political party, but no such appointment of an unaffiliated person shall be made prior to March 25th of each year, and in no event shall more than two (2) such unaffiliated persons serve at the same time on any district board.  10/31/05; 9/14/07; 9/15/12

 

3.         In an election district in which the primary language of ten percent (10%) or more of the registered voters is Spanish, the County Board of Elections shall appoint two (2) additional members who shall be of Hispanic origin and fluent in Spanish.

 

4.         Any person selected as a member of a district board may be assigned by the County Board of Elections to any election district.  The district board member need not live or vote in the district to which they are assigned.

 

C.         Qualifications 10/31/04; 9/15/12

 

1.         Any legal voter is eligible, whether a member of a political party or not. 9/15/12

 

2.         United States citizen and resident of this State who is sixteen (16) or seventeen (17) years of age, attends a secondary school with:

 

a.         Written permission of his or her parent or guardian;

 

b.         Written statement from his or her school excusing him or her from school on the days of elections, training or board meetings;

 

c.         For no more hours than the number of hours permitted for such a person to work pursuant to other applicable statutes in New Jersey.   10/31/04

 

            Students are considered members who are unaffiliated with a political party for purposes of the maximum unaffiliated members who can serve at the same time on any district board.

 

3.         United States citizen and resident of this State who is sixteen (16) or seventeen (17) years of age, and has graduated from a secondary school or has passed a general educational development test (GED), and has the written permission of his or her parent or guardian, and for no more hours than the number of hours permitted for such a person to work pursuant to other applicable statutes in New Jersey. 10/31/04

 

4.         Good moral character.

 

5.         Not convicted of a crime involving moral turpitude.

 

6.         Eyesight, with or without correction, sufficient to read nonpareil type. 10/31/04

 

7.         Ability to read the English language readily.

 

8.         Ability to write legibly with reasonable facility. 10/31/04

 

9.         Reasonable knowledge of the duties to be performed as an election officer under the election laws of this state. 10/31/04

 

10.       Health sufficient to discharge his or her duties as an election officer. 10/31/04

 

11.       Ability to add and subtract figures correctly. 10/31/05

 

12.       No person shall be precluded from applying to serve as a member of a district board of any municipality for failure to vote in any year such person was ineligible to vote by reason of age or residence.  10/31/05 

 

D.         Judge and Inspector

 

1.         Each district board shall, on or before the primary election each year, meet and elect one of its members as judge. The judge is the Chairperson of the Board. 10/31/05; 9/15/12

 

2.         Another member shall be elected as Inspector.

 

3.         The judge and inspector shall not be members or voters of the same political party.  10/31/05

 

E.         RESPONSIBILITIES AND DUTIES OF DISTRICT BOARDS

            9/15/12

 

1.         Report to the polls at least 45 minutes before the polls open to the public.

 

2.         Prepare the Polling Place for Voting.

 

3.         Open the polls for the election at 6:00 a.m. and close them at 8:00 p.m. and keep them open during the whole day of election between these hours. (Except for School Board elections held in April, or School Board Special Elections).  12/01; 9/14/07; 9/15/18

 

4.         Verify Voters are registered (Act in capacity of Challenger).

 

5.         Maintain order at the polls.

 

6.         One member of the board is charged with the duty of obtaining and signing for the signature copy registers and other required material from the Municipal Clerk, and one member of the board is charged with the duty of returning these items to the municipal clerk at the close of polls.

 

7.         The County Board of Elections shall provide Voting and Registration Instructions which shall be conspicuously displayed at each polling place on the day of election. Board members shall demonstrate the voting process, upon request.

 

8.         An American Flag shall be displayed at the outside entrance to each polling place by the district boards during the hours of the election. The flag shall be furnished to the Municipal Clerk by the County Clerk [N.J.S.A. 19:8-5]

 

9.         In some municipalities, it is the responsibility of the Municipal Clerk to keep, repair, store and deliver the polling booths, ballot boxes and other equipment in time for use by the district boards at the expense of the municipality.  9/15/10

 

F.         SALARY AND STIPEND

            [N.J.S.A. 19:45-6] 12/01; 9/15/12

 

1.         In all counties, for all services rendered, two hundred ($200.00) dollars is paid for each primary, general, non-partisan municipal, special or recall election.  9/15/13

 

2.         Any board member who fails to attend a required training program shall only receive fifty ($50.00) dollars per election.

 

3.         In counties where voting machines are used, no additional compensation shall be paid for any services rendered at any special election held concurrent with a primary or general election.

 

4.         Compensation for school elections shall be paid by the Board of Education. 10/31/05; 9/15/13

 

5.         Compensation shall be paid within thirty (30) days, but not before twenty (20) days, after each election. No compensation shall be paid to any member who has been removed from office or whose application for removal is under consideration.

 

G.         POLICE ASSIGNED TO DISTRICT BOARDS

[N.J.S.A. 19:6-16] 9/15/12

 

            An Official in charge of the police department in any municipality may assign one or more police officers to any district board when deemed necessary. If requested by the District Board, the police officers may assist the District Board Members in carrying the ballot box or boxes to the Office of the Municipal Clerk after the ballots are counted.

 

 

IV.       VOTE BY MAIL

[N.J.S.A. 19:63-1 et seq.]

 

Any qualified and registered voter can choose to vote in any election by using a mail-in ballot. Vote by Mail replaced the civilian and military absentee ballots.

 

A.         APPLICATION 9/15/09

 

1.         Application must be received by County Clerk:

 

a.         At least seven (7) days prior to election if it is mailed;

 

b.         By 3:00 p.m. on the day prior to the election if the voter appears in person at the County Clerk's Office.

 

2.         A voter has the option of indicating on the mail-in ballot application that they would prefer to receive a mail-in ballot for a specific election.  9/15/18

 

3.         A voter has the option of indicating on the mail-in ballot application that they would prefer to receive a mail-in ballot for all future elections until they request otherwise in writing.  9/15/18

 

4.         A new voter may also choose to vote for all future elections when completing their voter registration form.  9/15/18

 

5.         A voter who is a member of the armed forces of the United States may use a federal postcard application form to apply for a mail-in ballot.  9/15/18

 

B.         AUTHORIZED MESSENGERS 9/15/09

 

1.         A qualified voter is entitled to apply for and obtain a mail-in ballot by authorized messenger.

 

2.         No person shall serve as an authorized messenger for more than ten (10) qualified voters in an election.

 

3.         No person who is a candidate in the election for which the voter is requesting the mail-in ballot shall be permitted to serve as an authorized messenger.

 

C.         Vote By Mail Ballot and Voter

 

1.         Starting the 45th day before the day of the election each County Clerk shall forward mail-in ballots by first class postage or hand deliver to each mail-in voter whose request has been approved. 10/1/11

 

2.         It is against the law for anyone except the mail-in voter to mark or inspect the ballot, however a family member may assist the mail-in voter.

 

3.         Any voter who receives a mail-in ballot, but wishes to vote at the polls on the day of election shall be permitted to vote by provisional ballot after completing the affirmation statement attached to the provisional ballot.  However, if the voter has received and returned the mail-in ballot to the County Board of Elections shall not be permitted to vote at the polls on Election Day.

 

D.         Public Notice  9/14/09

 

1.         A public notice must be published before the 55th day immediately preceding the election as a display advertisement. 10/1/11

 

2.         For statewide or countywide election the display advertisement must be published in at least two (2) newspapers published in each county.

 

3.         For municipal, school or fire district election the display advertisement must be published in at least one (1) newspaper published in each municipality or district.  If no newspaper is published in the municipality or district, then the display advertisement must be published in a newspaper published in the county and circulating in the municipality or district.

 

E.         Mail-In Ballot Free-Access System 10/31/04; 9/15/09

 

            The Secretary of State shall establish a free-access system, such as a toll-free telephone number, an Internet website or any combination thereof, that any individual who casts a mail-in voter ballot or an overseas ballot in a federal election may access to ascertain whether the ballot of that individual was accepted for counting and, if the ballot was not counted, the reason for the rejection of the ballot. The system shall at all times preserve the confidentiality of each voter, and shall ensure that no person, other than the individual who cast the ballot, may discover whether or not that individual's ballot was accepted for counting, unless so informed by the voter. This system may be the same one used for provisional ballots.  [Voting Opportunity & Technology Enhancement Act] 10/1/11

 

 

 

V.         SAMPLE BALLOTS, Emergency Ballots, Removed Resident (Presidential Ballot Law) & Federal Election Mail-In Voting and Uniformed And Overseas Citizens Absentee Voting Act 10/31/04; 10/31/05; 9/15/09

 

A.         Sample Ballots

 

1.         The printing and mailing of sample ballots are handled by the County Clerk for Primary & General Elections and are mailed by 12:00 Noon on the Wednesday prior to the Election. [N.J.S.A. 19:14-25 & N.J.S.A. 19:23-34]   9/15/06; 9/15/08

 

2.         For each district in a county in which the primary language of ten percent (10%) or more of the registered voters is other than English, the County Clerk shall cause to be printed bilingually in English and the other language a sufficient number of sample ballots of each political party and furnish same to the proper officers.  [N.J.S.A. 19:23-22.4]   9/15/06

 

3.         In counties over 700,000 in population, second class counties having a population between 300,000 and 425,000 and other counties having a population between 150,000 and 300,000, the cost of printing sample ballots shall be paid by the county but the county shall be reimbursed by the municipalities, each municipality paying such amount as shall be apportioned to it by the County Clerk based on the proportion of the number of official primary election ballots and primary election sample ballots required for use in such municipality. [N.J.S.A. 19:23-22.5]

 

B.         EMERGENCY BALLOTS

 

1.         Court decisions have ruled that voters should not have to wait more than fifteen (15) minutes to vote because of a malfunctioning voting machine.

 

2.         When a voting machine malfunctions, the Board workers contact the County for repair.  If a mechanic has not arrived at the polling place and repaired the machine within fifteen (15) minutes of the discovery of the malfunction or opening of the polls, whichever is later, and at the request of any voter in line, Emergency Ballots are used.

 

3.         Emergency ballots and a ballot box for this purpose are provided by the County Board of Elections.

 

4.         The Board workers must obtain specific permission from the County Board of Elections to use the Emergency Ballots.

 

5.         Instructions for using and counting Emergency Ballots are provided in sealed envelopes to the board workers at each election.

 

C.         REMOVED RESIDENT - PRESIDENTIAL BALLOT  9/15/12

 

1.         A removed resident is a registered voter who was formerly a resident of one of the Counties of this State but has moved out of that county to another county, State, District of Columbia, Puerto Rico, etc., who by reason of an insufficient period of residence in his/her new place of residence will not be able to qualify to vote at a presidential election.

 

a.         Removed Resident

 

            Any removed resident shall be entitled to qualify and vote for the President and Vice-President of the United States.

 

b.         Ballot Application Form

 

            Obtained from the Clerk of the Municipality or the Clerk of the County in which the applicant was registered to vote.

 

c.         Preparation of Ballot Application Forms

 

(1)        Application forms and forms of affidavits of residence shall be prepared by the County Clerk.

 

(2)        The forms shall be of a different color than the mail-in voter ballot application forms. 9/15/09

 

(3)        The County Clerk shall supply the Municipal Clerk with a sufficient number of these forms.

 

2.         Regulations

 

a.         The County Clerk shall receive the application whether mailed or delivered in person not later than seven (7) days preceding the date of the election.

 

b.         The application must also include a certificate of the Commissioner of Registration of the district that the person now resides in stating that the voter did not qualify to register in upcoming Presidential election. This is the affidavit that accompanies the application.

 

c.         The County Board of Elections of his/her former residence must have the completed ballot by the closing of the polls on Election Day.  10/1/11

 

D.         Overseas Federal Election Voter

                        [N.J.S.A. 19:59; 42 USC 19073ff-2]   10/31/05

 

1.         Any United States citizen residing abroad or military person on active duty who immediately prior to departure from the United States was domiciled in New Jersey and had all the qualifications to register and vote in New Jersey; or 9/15/09

 

a.         Who does not maintain a residence and is not registered or qualified to vote in the United States; and

 

b.         Who holds a valid passport.

 

2.         Application for an Overseas Federal election voter ballot must be received by the appropriate County Clerk on or before the thirtieth (30th) day preceding the election. The County Clerk can begin sending the ballot to the voter at least forty-five (45) days before the day of the election. 10/1/11

 

3.         Overseas voter can request an application for an absentee ballot by airmail or electronic means such as fax or e-mail. If overseas voter requests an application be sent by electronic means, the voter must provide a fax number or e-mail address.   9/15/08

 

4.         The deadline for receipt of the Federal Absentee Ballot is the same as for any other ballot. The executed ballot must be in the possession of the County Board of Elections by the closing of the polls on Election Day.   9/15/08; 9/15/10; 10/1/11

 

5.         Since 1988, Federal Write-in Absentee Ballot is available, upon request, to United States citizens outside the United States.   9/15/08

 

a.         The overseas voter may designate a candidate by writing in the name of the candidate or by writing in the name of a political party, in which case the ballot would be counted for the candidate of that political party.

 

b.         Any abbreviation, misspelling, or other minor variation in the form of the name of the candidate or a political party is to be disregarded in determining the validity of the ballot if the intention of the voter can be ascertained.

 

c.         The deadline for receipt of the Federal Write-in Absentee Ballot is the same as for any other ballot. The executed ballot must be in the possession of the County Board of Elections by the closing of the polls on Election Day. 9/15/10; 10/1/11

 

6.         Reserved. 10/31/04; 9/15/08; 9/15/09

 

            Note: The Secretary of State shall make available to the general public a report of the number of Military and Federal Overseas Ballots provided, judged valid and returned for each election. 9/15/10

 

 

VI.       CHALLENGERS

[N.J.S.A. 19:7-3  to 19:7-6]

 

A.         Filing of Appointment or Applications

 

1.         Filed with County Board of Elections.

 

2.         Filed 2nd Tuesday preceding any election.

 

3.         Must be a registered voter in the County.

 

4.         Can only serve in district to which appointed (except At-Large Challengers).

 

B.         Permits to Challengers

 

1.         Permit must be filed with the District Board.

 

2.         Permit may only be used by person it was issued to.

 

3.         Candidate may act as challenger.  [N.J.S.A. 19:7-2]

 

C.         Type of Challengers

 

1.         Authorized challengers for respective political parties.

 

2.         Authorized challengers for candidate.

 

3.         Proponents or opponents of a public question.

 

D.         Powers

 

1.         Power to challenge the right to vote of any person.

 

2.         May ask all necessary questions to determine the right to vote.

 

3.         May be present while votes cast are being counted.

 

4.         Power to challenge the counting.

 

E.         Badge

 

1.         Every challenger shall wear a badge.

 

2.         Badge is furnished by the County Board of Elections.

 

3.         Badge indicates which party or candidate the challenger represents.

 

F.         Limitation on the Number of Challengers

 

1.         The Chairman of the County Committee, a Candidate for an office and proponents or opponents of a public question appearing on the ballot may appoint two (2) challengers to serve in each election district.  The Chairman of the County Committee of each political party may also appoint additional challengers (At-large challengers) for any election equal in number to the municipalities in the county and such challengers may exercise their powers at the polling place of any election district in the county during the time an election occurs therein.  12/01

 

2.         Not more than one (1) challenger may be present at any one time in the polling place for a Political Party, Candidate, Public Question.

 

3.         More than one (1) challenger may be present only with the permission of the County Board of Elections, and upon request, a like number shall be permitted to be present on behalf of any opposing party candidate or public question.

 

 

VII.     ELECTIONEERING

[N.J.S.A. 19:34-5 to 19:34-15]  9/15/12

 

A.         Interference With the Conduct of Election

 

1.         No person shall, during an election, with intent to hinder or delay same, or to hinder or delay any voter in the preparation of his ballot, remove or destroy any of the ballots or pencils placed in the booths or compartments for the purpose of enabling the voter to prepare his ballot.

 

2.         No person shall tamper, deface or interfere with polling booth.

 

3.         No person shall obstruct the entrance to any polling place.

 

4.         No person shall obstruct or interfere with any voter.

 

5.         No person shall loiter or do any electioneering within the polling place.

 

6.         No person shall suggest or solicit any support for any candidate, party or public question WITHIN ONE HUNDRED FEET (100') OF THE OUTSIDE ENTRANCE TO ANY POLLING PLACE OR ROOM.

 

7.         No person shall distribute or display any circular or printed matter.

 

8.         Any person willfully violating any of the provisions of this section shall be guilty of a misdemeanor and shall be punished by fine not exceeding five hundred ($500.00) dollars and imprisonment until such fine and the costs of the conviction are paid.

 

            This shall not be construed to prohibit a minor from entering a polling place on the day of an election to vote in a simulated election at that polling place. 12/01

 

B.         Persons Allowed in Polling Place:

 

1.         Officers connected with the election;

 

2.         Candidates;

 

3.         Duly authorized challengers;

 

4.         Voters present for the purpose of voting.

 

5.         Persons connected with the operation of a simulated election for minors and minors present for the purpose of voting in a simulated election as permitted by N.J.S.A. 19:34-6b.  12/01

 

 

 

VIII.    ELECTION DAY DUTIES

[N.J.S.A. 19:8-6 and N.J.S.A. 19:9-5]

 

A.         The Office of the Municipal Clerk shall remain open from the opening of the polls until after the closing of the polls and all district workers have delivered their returns. 10/31/04

 

B.         The Municipal Clerk provides election supplies for each Election District including:

 

            Pencils and Pens

 

            Needles and string

 

            Signs

 

C.         The County Clerk provides and the Municipal Clerk distributes American Flags to the polling places.

 

D.         The County Board of Elections provides and the Municipal Clerk distributes for the use of the Poll Workers at the Polling Place:  12/02

 

            Voter registration duplicate books – per P.L. 2019, c.80 each county commissioner of registration and county board of elections may adopt electronic poll books for use at each polling place on the day of any election, in place of the paper polling record or signature copy register, to access the registration record, eligibility, signature, and other information of each registered voter in the election district. 9/15/19

 

            Voting authority slips

 

            Payroll vouchers

 

Voting machine keys

 

Sample ballots

 

E.         The County Board of Elections (Superintendent of Elections) provides for delivery to the polling places:

 

            Voting machines

 

            Emergency ballots and equipment for delivery to the polling place 10/31/04

 

            Superintendent of Elections or the County Board of Elections shall provide to each polling place a sufficient number of a form on which voters or persons attempting to vote may register complaints. [N.J.S.A. 19:32-4.1] 9/15/10

 

F.         Results of Election - Close of the Polls  [N.J.S.A. 19:17-3]

 

1.         At the close of the polls, the District Board workers are to return to the Office of the Municipal Clerk all registration books, tally sheets, pay vouchers, voting authorities, and all other materials required to be returned by your County Election Officials.

 

2.         The statement of election results are required to be transmitted to the County Clerk and the County Superintendent of Elections.  The exact procedure for the delivery differs in each of the twenty-one (21) counties.

 

IX.       PRIMARY ELECTION

[N.J.S.A. 19:23-1 et seq.] 10/31/04; 10/31/05; 9/15/12

 

A.         Time for Holding

                        [N.J.S.A. 19:2-1 & 19:2-2]  10/31/05

 

            Presidential Primary elections for delegates and alternates to national conventions of political parties are held in each presidential year during the regular Primary Election for the general election which is held on the 1st Tuesday after the 1st Monday in June. All polling places shall open at 6:00 a.m. and close at 8:00 p.m. 9/14/07; 9/15/14

 

B.         Party Affiliation Declarations

                        [N.J.S.A. 19:23-45]  10/31/05

 

1.         Voters who have never voted in any Primary Election are "Undeclared Voters."  Should they wish to vote in a Primary Election, they may declare their political party at the polls.   9/14/07

 

2.         Voters who have voted at a primary election are considered "Declared Voters." They will be either a Democrat or a Republican.  Should they wish to change their political affiliation to another political party or to declare themselves "Unaffiliated," they must file a declaration of Party Affiliation with the County Commissioner of Registration at least fifty-five (55) days prior to the Primary Election should they want to vote for that party in that Primary. If they affiliate themselves with a political party for a particular primary they may file a declaration at any time following that Election to return to "Unaffiliated."   9/14/07; 9/15/10; 10/1/11; 9/15/12

 

3.         Voters may indicate on their voter registration form their choice of political party affiliation.  10/31/05

 

4.         The declaration of Party Affiliation form is the same form that is used to register to vote. 9/15/09

 

C.         Nominating Petitions

[N.J.S.A. 19:13-1, 19:13-3, 19:23.5 et seq.]

 

1.         Nominating Petitions must be filed in the office of the Municipal Clerk by 4:00 p.m. on the 64th day next preceding the day of the holding of the primary election for the general election. 12/01; 9/14/07; 10/1/11; 9/15/12

 

2.         Who submits petitions to Municipal Clerk.

 

a.         Candidates for Municipal Office.

 

b.         Candidates for Municipal Committee (County Committee).

 

3.         Candidates in any election are permitted to sign their own nominating petition and be a circulator thereof. 10/1/11

 

4.         Not later than the close of business on the 54th day preceding the primary election for the general election, the Municipal Clerk shall certify to the County Clerk the full and correct names and addresses of all candidates for nominations for public and party office and the name of the political party of which such person are candidates together with their slogan and designation. 10/1/11

 

D.         Number of  Signatures

 

1.         The number of signatures is calculated by the County Clerk.

 

2.         Population of 14,000+ - 50 signatures

 

3.         Population less than 14,000 - 25 signatures

 

4.         Wards - 25 signatures

 

5.         Single election district - not less than 1 signature OR

 

6.         Five percent (5%) of the total votes cast by the voters of that political party at the last preceding primary election at which a member of the General Assembly was elected, WHICHEVER IS LESS; BUT

 

7.         Not less than one (1) signature.

 

E.         Independent Candidate for Municipal Office:

 

1.         Name does not appear on Primary Ballot. 

 

2.         Names appear on the General Election Ballot in November.

 

3.         Filing Petition:  Petition must be filed with the County Clerk by 4:00 p.m. on Primary Election Day. 12/99

 

4.         Signatures required:  Two percent (2%) of the total votes cast by all voters at the last preceding general election at which a member of the General Assembly was elected, but no more than one hundred (100).

 

5.         Slogan may not exceed three (3) words and may not contain reference to any political party entitled to participate in the primary election. 9/15/14

 

6.         Deadline for amendments to defective petitions for independent general election candidates – on or before the third (3rd) day after petition filing deadline. [N.J.S.A. 19:13-13] 10/1/11

 

F.         Partisan Petition Requirements:

 

1.         Candidate must be legally qualified.

 

2.         Only candidates of political parties entitled to participate in the primary election can file a Partisan Petition. Currently, those parties are the Democratic and Republican political parties.  12/01; 9/15/14

 

3.         Name and Address of Candidate.

 

4.         Consent to accept nomination if nominated.

 

G.         Slogan

 

1.         Any candidate may designate a ballot slogan.

 

2.         Slogan may not exceed six (6) words.

 

3.         First candidate to select slogan shall get designation.

 

H.         Oath of Acceptance

 

1.         Appears on nominating petition.

 

2.         Certifies candidate is a resident and legal voter of jurisdiction.

 

3.         Oath must be signed in presence of someone authorized to administer oaths. 

 

I.          Bracketing of Candidates

 

            Candidates with common designation may choose to be grouped together on the ballot, which is called Bracketing. 9/15/14

 

J.          Defects and Objections

 

1.         Candidate shall be notified as to the nature of the defect.

 

2.         The number of signatures cannot be changed.

 

3.         Amended petition must be returned to Municipal Clerk by the sixty-first (61st) day or prior to the Primary Election or within three (3) days after the deadline for filing petitions. 9/14/07; 9/15/12

 

K.         Written Objection to Petitions

 

            The deadline for filing a written objection is not later than the fourth (4th) day after the deadline for filing petitions.  12/01; 9/14/07

 

L.         Drawing for Position on Ballot

[N.J.S.A. 19:23-24]

 

1.         The Municipal Clerk draws for local candidates only.

 

2.         The drawing for position on the ballot is held on the fifty-third (53rd) day prior to the Primary Election at 3:00 p.m. [N.J.S.A. 19:23-24]   9/14/07; 9/15/12

 

3.         Although not required the Municipal Clerk should notify the candidates of the date, time and place of such drawing.

 

M.        Irregular ballots (Write in Ballots) [N.J.S.A. 19:49-5]

 

1.         A person whose name appears on the ballot at the Primary Election for a political party cannot serve as a candidate for any other political party should they receive Irregular ballots for that other party.

 

2.         When a person whose name appears on the ballot at either the Primary or General Election and receives Irregular Ballots, the Irregular Ballots will not be added to that person's total vote. 9/14/07

 

3.         In the case of a candidate for elective office, if the greatest number of votes received is for the name of a person for whom votes are cast by irregular ballot in a primary election, that person's name shall not be included on the general election ballot unless he received a number of irregular ballots at least equal to the number of signatures required on a nominating petition for that office. (N.J.S.A. 19:14-2.1) 9/15/14

 

4.         In the case of a County or Municipal Committee candidate, the highest total votes received determines the winner even if the number of votes received is less than the signatures required on a nomination petition. (Legal Opinion of Richard Lustgarten, Esq. 2014). 9/15/15

 

 

X.         GENERAL ELECTION [N.J.S.A. 19:1-1]

 

A.         Time for Holding

 

            The annual election to be held on the 1st Tuesday after the 1st Monday in November.  All polling places shall open at 6:00 a.m. and close at 8:00 p.m.  12/01

 

B.         Election Day Duties – Municipal Clerk’s Office open all day

 

1.         The Municipal Clerk's office must be open all day from prior to the opening of the polls and until all ballot boxes used at the various polls in the municipality are delivered to the Municipal Clerk's Office.

 

2.         In accordance with the National Voter Registration Act (Fail-Safe), the Municipal Clerk or their authorized Deputies must be available to handle all matters which arise during election day (see section entitled "Voter Registration," Section I of this chapter).

 

 

XI.       MUNICIPAL CLERKS RESPONSIBILITY TO THE FOLLOWING:

 

A.         County Clerk

 

1.         Not later than the fifty-seventh (57th) day preceding the primary election for the general election, shall certify statement of municipal offices to be filled at such election, and the number of persons to be voted for each office. 10/31/05; 9/14/07; 9/15/12

 

2.         Provide certified list of names, address and political party of all persons endorsed by petition not later than fifty-four (54) days prior to the Primary Election. 9/15/12

 

3.         Provide list of elected Municipal (County) Committee members by party, ward and district within eight (8) days after the primary.

 

4.         Within twenty (20) days after the meeting of each County committee that is held on the first Tuesday following the primary election at which committee members are elected, the Municipal Clerk shall certify to the County Clerk an official list of the duly elected County committee members and an official list of the municipal committee chairs. 10/1/11; 9/15/12

 

5.         Some county committee members are appointed after the Primary. Their certificate of acceptance should be mailed to the Clerk and a complete certified list of county committee members and their chairpersons must be mailed to the Municipal Clerk who shall certify an Official List of the names and addresses of the County Committee persons to the County Clerk. 9/15/12

 

B.         County Board of Elections

 

1.         Provide suggested list of polling places on or before April 1st of every year.   9/15/06; 9/14/07; 9/15/12

 

2.         Provide list of the elected Municipal (County) Committee members by party, ward and district within eight (8) days after the Primary Election. 9/14/07

 

3.         Notify Board of Elections when new streets are added to the Municipality.

 

C.         Commissioner of Registration (Superintendent of Elections)

 

1.         Send in voter registration forms in a timely manner.

 

2.         Be sure Registration books are delivered to or picked up by District Board workers.

 

3.         In some counties it may be advisable to check voting machines and compare the serial numbers to the keys prior to the election. 

 

 

EXHIBIT

CHRONOLOGICAL INDEX FOR PRIMARY,

GENERAL, SPECIAL ELECTIONS. ALSO NON-PARTISAN MUNICIPAL AND SCHOOL BOARD ELECTIONS THAT ARE BEING HELD IN NOVEMBER 10/31/05; 9/15/12

 

The Exhibits provided in this Chapter are summarized lists of Election schedules considered to be relevant to the Municipal Clerk; a complete Chronological Index is provided by the Secretary of State and may be found on WWW.NJELECTIONS.ORG now listed under Election Information, Important Election Dates. 9/15/10; 9/15/12

 

April 1  Polling Places

 

            On or before this date, each year, the Municipal Clerks shall send to the County Board of Elections a list of suggested polling places. [N.J.S.A. 19:8-1] 10/1/11; 9/15/12

 

 

30 days before closing registration books for any election.

 

            Newspaper notices of election date, registration information, offices to be filled and public questions to be voted upon.  County Board of Elections shall publish in a newspaper or newspapers, Primary Election and the General Election.  Such notices shall be published once during the thirty (30) days next preceding the day fixed for the closing of the registration books for the Presidential Primary Election, Primary and the General Election. [N.J.S.A. 19:12-7]

 

            This notice is to be published by the Municipal Clerk before a special election.  9/15/12

 

64 days before the Primary Election 10/1/11; 9/15/12

 

            Before 4:00 p.m. on this date, all petitions nominating candidates for the Primary Election shall be filed with the Secretary of State, County Clerk or Municipal Clerk. Municipal Clerk receives Primary petitions only. [N.J.S.A. 19:23-14] 12/01; 9/14/07; 9/15/09

 

61 days before the Primary Election  9/15/12

 

            Deadline for amendment of defective petition (Not later than three (3) days following filing deadline. [N.J.S.A. 19:23-20 and N.J.S.A. 19:13-13] Such candidate shall be permitted to amend the petition either in form or in substance, but not to add signatures, so as to remedy the defect within three (3) days. 10/1/11

 

60 days before the Primary Election  9/15/12

 

            Any objections to nominating petitions must be duly made in writing and filed with the officer with whom the original petition was filed.  (Not later than the fourth (4th) day after the deadline for filing of petitions) [N.J.S.A. 19:13-10] 10/1/11

 

55 days before the Primary Election 10/1/11

 

            Last day to declare party affiliation in order to change party for the Primary Election.  [N.J.S.A. 19:23-45] 12/02; 9/15/12

 

55th day preceding the day any election is to be held 9/15/09; 10/1/11

 

            A public notice for the mail-in voter application must be published as a display advertisement. 9/15/09

 

57 days before the Primary Election 10/1/11; 9/15/12

 

            Municipal Clerks to certify to the County Clerk, no later than fifty-seven (57) days prior to the election, the public offices which are to be filled and the number of persons for each. [N.J.S.A. 19:12-6] 10/1/11

 

54 days before the Primary Election 10/1/11; 9/15/12

 

Not later than the close of business of the 54th day preceding the primary election for the general election, the Municipal Clerk shall certify to the County Clerk the full and correct names and addresses of all candidates for nomination for public and party office and the name of the political party of which such persons are candidates together with their slogan and designation. [N.J.S.A. 19:23-14] 10/1/11

53 days before the Primary Election 10/1/11; 9/15/12

            The County Clerk shall certify to the Municipal Clerk concerning all persons endorsed in petitions filed in his/her office and in the Secretary of State's Office specifying in such certificate the political party to which the person or persons so nominated belong. [N.J.S.A. 19:23-22] 10/1/11

 

53 days before the Primary Election at 3 P.M. 10/1/11; 9/15/12

 

            A drawing for positions on the ballot shall be held at the office of the Municipal Clerk for positions to be filled by the voters of a municipality only and at the office of the County Clerk for all other positions to be voted on in that county.  [N.J.S.A. 19:23-24]

 

45 days preceding the day any election is to be held 10/1/11

 

            The County Clerk shall forward mail-in ballots by first-class postage or hand delivery to each mail-in voter whose request has been approved. [N.J.S.A. 19:63-9] 10/1/11

 

30th day preceding an election "Federal Elections Only"

 

            The last day overseas voters can apply for a mail-in voter ballot. [N.J.S.A. 19:59-4] 9/15/09

 

21 days before any election

 

            Last day to register to vote in the ensuing election. [N.J.S.A. 19:31-6]   9/15/06

 

2nd Tuesday before any election

            Applications for challengers shall be filed with the County Board of Elections no later than the second Tuesday preceding any election.  The challenger must be registered to vote in the county in which the district is located in which such person is appointed to serve.  [N.J.S.A. 19:7-3]

 

The calendar week before the week in which any election is held

            Newspaper notices of election date, offices to be filed and public questions to be voted upon.  The County Board of Elections shall publish in a newspaper or newspapers a notice for the Primary Election and for the General Election.  Such notices shall be published once during the week next preceding the weeks in which the Primary Election and the General Election are held. [N.J.S.A. 19:12-7]

 

            This notice is to be published by the Municipal Clerk before a special election.  9/15/12

 

7 days before any election

 

            The last day a voter may apply for a mail-in voter ballot by mail.  [N.J.S.A. 19:57-4] 9/15/09

 

6 day period prior to any election

 

            Any voter who fails to apply seven (7) days prior to the election may apply in person to the County Clerk for a mail-in ballot on any day up to 3 p.m. of the day before the election.  [N.J.S.A. 19:57-5] 9/15/09

 

Wednesday before any election

 

            Sample ballots shall be mailed on or before 12:00 noon on the Wednesday preceding the election.  [N.J.S.A. 19:23-34]

 

4 p.m. day of the Primary

 

            Not later than 4:00 p.m. on the day of the Primary Petitions for School Board Candidates to be elected simultaneously with the General Election must submit their Petition to the County Clerk.  9/15/12

 

1st Tuesday after first Monday in June - Primary Election

 

            The polls will be open from 6:00 a.m. to 8:00 p.m.  [N.J.S.A. 19:23-40]  12/01

 

Within 3 days after the Primary Election

 

            When a person whose name was not printed on a primary ballot as a candidate for member of the County Committee has been elected as a member of the County Committee of more than one political party, he shall file with the Municipal Clerk within three (3) days a statement certifying to which political party he belongs.  [N.J.S.A. 19:23-54]

 

As soon as possible following the Primary Election

 

            The Municipal Clerk shall canvass the statements of the District Board of Election as far as they relate to the election of the members of the County Committee of any political party and shall issue a certificate of election to each person so elected. [N.J.S.A. 19:23-54]

 

1st Saturday after the Primary Election

 

            The members of the Municipal Committee shall take office.  The members of the County Committee shall take office.  The members of the Municipal Committee of political parties shall consist of the elected members of the County Committee resident in the respective municipality.  [N.J.S.A. 19:5-2]

 

Monday following the Primary Election

 

            Annual meeting of the Municipal Committee of each political party.  [N.J.S.A. 19:5-2]

 

1st Tuesday following the Primary Election

 

            Annual meeting of the County Committee of each political party.  [N.J.S.A. 19:5-3] Note: Twenty (20) days following this meeting the Municipal Clerk shall certify to the County Clerk an official list of the municipal committee members and chair. [N.J.S.A. 19-13-20] 10/1/11

 

7 days after the Primary Election

 

            Any person nominated at the Primary Election by having his name written or pasted upon the primary ballot shall file a certificate stating he is qualified for the office for which he has been nominated, that he is a resident of and a legal voter in that jurisdiction and that he consents to stand as a candidate at the ensuing General Election.  Such acceptance shall be filed with the County Clerk in the case of the County and Municipal offices and with the Secretary of State for all other offices. [N.J.S.A. 19:23-16]

 

8 days after the Primary Election

            The Municipal Clerk shall certify to the County Clerk and the County Board of Elections two (2) copies of the names and post-office addresses of the persons elected as members of the County Committee of the several political parties, together with the ward, district or unit which they respectively represent.  [N.J.S.A. 19:23-54]

 

15 days after any election

            Deadline for filing an application for a recount of election returns.  [N.J.S.A. 19:28-1]

 

Last Monday in July

 

No later than 4:00 p.m. petition for nomination for School Board Candidate are to be submitted to the County Clerk.  9/15/15

 

81 days before the General Election 10/1/11

 

            The last day for the governing body of any municipality to file a request with the County Clerk for a proposition to appear on the ballot.  [N.J.S.A. 19:37-1]

 

67 days before the General Election 10/1/11

 

            The last day for the governing body of any municipality to file a request with the County Clerk for a proposition to appear on the ballot which has been requested by the voters in such municipality.  [N.J.S.A. 19:37-1.1]

 

64 days before the General Election

 

            The last day to file with the Municipal Clerk nomination Petitions for Municipal Non-Partisan Candidates to be voted at the November Election (N.J.S.A. 40:45-8)  9/15/12

 

61 days before General Election

 

            Deadline for Amendment to Defective Petitions for Municipal Non-Partisan Candidates to be voted at the November General Election  9/15/12

 

59 days before General Election (no later than 4 days after filing deadline)

 

            Filing Deadline for Objections for Nominating Petitions for Municipal Non-Partisan Candidates (N.J.S.A. 19:13-10)  9/15/12

 

9 days after the last day for filing nomination petitions

 

            Deadline for Determination of Petition Challenge to Municipal Non-Partisan Candidates to be Voted at the November General Election (N.J.S.A. 19:13-11)  9/15/12

 

To be coordinated by Municipal Clerk N.J.S.A. 19:23-24  9/15/14

 

            Drawing of Ballot Positions for Municipal Non-Partisan Candidates to be Voted at the November General Election  9/15/12

 

60 days before the General Election

 

            The last day for a person to decline nomination in writing to the officer with whom the original petition or certificate of nomination was filed. [N.J.S.A. 19:13-16]

 

64 days before the General Election 10/1/11

 

            The last day for filing a petition to fill a vacancy among direct petition nominees.  [N.J.S.A. 19:13-19]

 

56 days before the General Election 10/1/11

 

            The last day on which a vacancy can occur for the political party to fill a vacancy among the Primary Election nominees.  [N.J.S.A. 19:13-20] 10/1/11

 

54 days before the General Election 10/1/11

 

            The last day for the political parties to file with the County Clerk their selection of candidates for any vacancy in any office.  [N.J.S.A. 19:13-20d] 10/1/11

 

7 days before the General Election

 

            The last day for a Removed Resident who does not live in the State to apply to the County Clerk of the County of his former residence for a Presidential Ballot.  [N.J.S.A. 19:58-9]

 

1st Tuesday after the 1st Monday in November - General Election

 

            The polls will be open from 6:00 a.m. to 8:00 p.m.  [N.J.S.A. 19:2-3]

 

Note:  The Municipal Clerk preparing for a Special Election should review this Chronological Index to be aware of the many procedures that would also apply to the special election.

 

 

 

XII.     NON-PARTISAN ELECTION

[N.J.S.A. 40:45-1 et seq.] 10/31/04

 

A.         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 are held on the second (2nd)Tuesday in May in a year when any member of the Governing Body's term of office expires. If the Municipality chooses, in accordance with P.L. 2009 Ch. 196, this election is held on the same day as the General Election in November in the years in which municipal officials are to be elected.

 

1.         Municipal elections, certain change of date permitted.

 

a.         Any municipality governed by the provisions of the "Uniform Nonpartisan Election Law," P.L. 1981, c.379 (C.40:45-5 et seq.) may, by ordinance, choose to hold regular municipal elections on the day of the general election, the Tuesday after the first Monday in November.

 

b.         Once a municipality has chosen to change the day of the regular municipal election to the day of the general election in November, it shall not be permitted to change the day of the election back to the second Tuesday in May until: (1) at least ten (10) years have passed since the adoption of the ordinance changing the date of the municipal election to the day of the general election; and (2) a new ordinance providing for regular municipal elections to occur on the second (2nd) Tuesday in May is adopted by the municipality's governing body.

 

c.         The term of any person in office on the date of the adoption of such an ordinance shall be extended until the beginning of the term of the person elected to that office on the day of the general election in November. P.L. 2009, c.196, s.1. 9/15/10

 

B.         Polls are open from 6:00 a.m. to 8:00 p.m., the same as for Primary and General Elections.  12/01

 

C.         The Municipality is responsible for all costs involved with a Non-Partisan Municipal Election and the Municipal Clerk is responsible for all the duties which are performed by the County Clerk in the Primary and General Election. See petition dates on Chronological Index for General Election - Non-Partisan Municipal Elections.  9/15/12

 

D.         Nominating Petitions

 

            The following should be prepared by January 1 for potential candidates:

 

1.         Petitions of Nomination;

 

2.         Certificate of Acceptance/Candidate;

 

3.         Certificate of Appointment/Campaign Manager;

 

4.         Oath of Candidate;

 

5.         Oath of Campaign Manager;

 

6.         Request for Designation on Ballot.

 

E.         Filing of Petition

 

            File with the Municipal Clerk by 4:00 p.m., on the sixty-fourth (64th) day prior to the Municipal Election. 9/15/10; 10/1/11

 

F.         Number of Signatures

 

1.         One percent (1%) (but in no case less than twenty-five (25)) of the registered voters of the municipality or ward as the case may be.

 

2.         Each petition signature must be on a separate sheet of paper bearing the name and address of the petitioner.

 

3.         Each petition signature may be for only one candidate.

 

4.         Each petitioner must be a registered voter of the municipality or ward for which the candidate is running.

 

5.         Each petitioner must not sign more certificates for candidates for that office than there are places to be filled for each office.

 

G.         Slogan [Designation]

 

1.         Any candidate may have a designation not to exceed six (6) words.

 

2.         A designation may not indicate any political party affiliation.

 

3.         If two (2) candidates select the same designation, the candidate who files first gets it and the other candidate must choose a new designation.

 

H.         Oath OF Acceptance

 

1.         Oath of Acceptance must be signed by candidate and campaign manager.   9/14/07

 

2.         The oath constitutes acceptance of nomination.

 

3.         Oath of Acceptance is attached to petition when filed.

 

4.         Deadline for submission is on the fifty-fourth (54th) day prior to the election.

 

5.         Oath must be signed in presence of anyone authorized to administer oaths.

 

I.          Bracketing

[N.J.S.A. 40:45-10]

 

1.         Several candidates for the same office may petition that their names be grouped together and one designation named by them be printed opposite their names.

 

2.         The Municipal Clerk must group their names in a bracket and print the designation opposite the bracket.

 

3.         Petitions requesting a designation or grouping of candidates shall be filed with the Clerk on or before the last day fixed for filing the petition for nomination; fifty-seven (57) days prior to Election. If two (2) candidates or groups select the same designation, the Clerk shall notify the candidate or group whose petition was last filed, and that candidate or group shall select a new designation. 9/15/10

 

J.          Objections [N.J.S.A.19:13-10]

 

            Deadline for filing a written objection to petitions is the fourth (4th) day after the deadline for filing.  12/01

 

K.         Clerk’s Certification – Review of Petitions

 

1.         Municipal Clerk must examine petition for conformity to N.J.S.A. 40:45 and to N.J.S.A. 19.

 

2.         Candidate must be notified of any defect.

 

3.         Candidate may take steps to correct the defect.

 

4.         No new signatures may be added.

 

5.         Office running for cannot be changed.

 

6.         Deadline is sixty-one (61) days before the election. 10/1/11

 

L.         Drawing for Position on the Ballot

 

1.         The Municipal Clerk draws lots to determine the order in which the candidates' names will appear on the ballot.

 

2.         There is no statutory date for conducting the drawing of position on ballots for Nonpartisan elections. Some Clerks draw on the 53rd day before the election to be consistent with partisan election requirements.  9/15/13; 9/15/14

 

M.         Newspaper Advertisement

 

            Publication of names of candidates and polling places.

 

1.         Within ten (10) days after the filing and drawing for position on the ballot, the Municipal Clerk must publish the names of the candidates as they will appear on the ballot.

 

2.         Must be published once in each of two (2) newspapers having circulation in the municipality and published in this State.

 

3.         Copy of the publication should be submitted to the County Clerk at the time of newspaper submission.

 

N.         arranging ballots for nonpartisAn election if date has been changed to same day as general election. 9/15/10

 

1.         Whenever a municipality has passed an ordinance pursuant to subsection a. of section 1 of P.L. 2009, c.196 (C.40:45-7.1), the clerk of the county in which the municipality is located shall arrange the ballot for each subsequent general election to:

 

a.         Include those candidates for election to public office in the municipality that has adopted a form of government that provides for the holding of a regular municipal election on the second Tuesday in May but will be holding that election at the general election in November;

 

b.         Ensure that there is a clear separation between each candidate described in subsection a. of this section, each candidate for another public office who has been nominated for that office by a political party in the immediately preceding primary election and each candidate nominated directly by petition, so that there is no discernable alignment between candidates otherwise elected at a regular municipal election, candidates nominated by a political party for any other public office and candidates nominated directly by petition; and

 

c.         Follow such provisions of the "Uniform Nonpartisan Elections Law," P.L.1981, c.379 (C.40:45-5 et seq.) as the clerk may deem feasible. 9/15/10

 

O.         Sample Ballots—FOR REGULAR MUNICIPAL ELECTIONS IF HELD IN MAY. 9/15/10

 

1.         Not required for Regular Municipal Elections.

 

2.         If sample ballots are desired by the Governing Body:

 

a.         The Municipal Clerk must prepare mailing labels.

 

b.         Mailing labels may be obtained from the County Board of Elections.

 

c.         Arrange with printer to print and mail sample ballots.

 

d.         Sample ballots must be mailed by 12:00 noon, the Wednesday prior to the Election.

 

p.         Polling Places 9/15/10

 

            The same polling places used for the Primary and General Election are utilized.

 

Q.         District Boards: 9/15/10

 

1.         District Board Workers should have attended the Election Class.

 

2.         District Board Workers are paid by the Municipality, if election is held in May.

 

3.         Municipal vouchers should be prepared for each Board Worker, if election is held in May.

 

4.         Cash stipend for the pick up and return of books and supplies is paid by the municipality, if election is held in May.

 

R.         CHALLENGERS 9/15/10

[N.J.S.A. 19:7.1 et seq.]

 

1.         Two (2) challengers per district per candidate are permitted, but not more than one (1) may be present at any time in the polling place.

 

2.         Two (2) challengers each for pro and con of public question, but not more than one (1) may be present at any time in the polling place.

 

3.         Candidates can act as a challenger.

 

4.         Challengers must be a registered voter in the county.

 

5.         No challenger shall serve in any district other than that to which appointed.

 

6.         Candidates must file list of challengers with County Board of Elections by the second Tuesday preceding the election.

 

7.         Challenger appointment papers and permits are prepared by the County Board of Elections.

 

8.         Challengers shall wear a badge to be furnished by the county board.

 

S.         Electioneering Within or about the Polling Place [N.J.S.A. 19:34-15] 9/15/10

 

            No person is permitted to distribute or  display any circular or  printed matter, offer any suggestion, or solicit any support for any candidate, party or public question WITHIN THE POLLING PLACE OR ROOM OR WITHIN A DISTANCE OF ONE HUNDRED FEET (100') OF THE OUTSIDE ENTRANCE TO SUCH POLLING PLACE OR ROOM.

 

T.         Election Day Duties 9/15/10

 

1.         The Municipal Clerk's office must be open all day from prior to the opening of the polls and until all ballot boxes used at the various polls in the municipality are delivered to the Municipal Clerk's Office.

 

2.         In accordance with the National Voter Registration Act (Fail-Safe), the Municipal Clerk or their authorized Deputies must be available to handle all matters which arise during election day (see section entitled "Voter Registration").

 

3.         Service Fail Safe voters.

 

4.         Receive results of the election.

 

5.         Certify the election.

 

U.         Results of Election [N.J.S.A. 40:45-16]   9/14/07; 9/15/10

 

1.         The District Boards will tally the votes cast for each candidate.

 

2.         The tally is returned to the Municipal Clerk immediately after completion.

 

3.         Vote by mail ballots are tabulated by the County Board of Elections and sent to the Municipal Clerk for inclusion in the tally.  12/02; 9/15/10

 

4.         Copy of vote tally sent to County Board of Elections and County Clerk after the election.

 

5.         Candidates notified of election results and provided with Certificate of Election.

 

V.         Certification of Election 9/15/10

 

            The Municipal Clerk has the responsibility of Certifying the election results. 

 

W.        Run Off Elections [N.J.S.A. 40:45-19] 9/15/10

 

1.         Run-Off elections are permitted in those municipalities which have adopted run-off elections in their form of government.

 

2.         A run-off election is held when a sufficient number of candidates do not receive a majority of votes cast to elect the required number of councilmembers, commissioners, trustees.

 

3.         No candidate for mayor or ward councilman received majority of the votes cast for his/her respective office.

 

4.         A run-off election must be held on the fourth (4th) Tuesday following the municipal election, unless that date is the Primary Election, then it is held on the fifth (5th) Tuesday after the regular municipal election.

 

 

EXHIBIT

PARTISAN & NON-PARTISAN FORMS OF GOVERNMENT

 

 

PARTISAN

NON-PARTISAN

Political Party

R - D - I

No Party Designation

Election Dates

10/31/05; 9/15/12

Primary – Tuesday after

1st Monday in June to

select candidates for the

General Election

May – 2nd Tuesday; or November - Tuesday after 1st Monday in November (same as General Election) if chosen by Municipality pursuant to P.L. 2009, c.196 9/15/10; 9/15/14

 

General - Tuesday after

1st Monday in November

to elect candidates  9/15/09

 

Sworn Into Office

January 1

July 1 (Except Commission form which is one week after election) or January if election is held in November pursuant to P.L. 2009, C.196 9/15/10

Forms of

Government

All Faulkner Forms

Township Committee

Borough Form

All Faulkner Forms

Commission-Walsh Act

Village Form

Municipal Manager Form

Nominating Petitions

Required Number of signatures may be on one petition

Each petition signature must be on separate sheet of paper bearing name and address of petitioner

Number of Signatures

5% of total votes cast by voters of that political party last election to the general

assembly but not less

than one (1) signature.

Independent: 2% of the

total votes cast in the

municipality at last

preceding general

election for general

assembly, but not more

than 100 signatures.

1% of registered voters of

the ward or municipality

but never less than 25

Where Petitions Filed

R & D - Municipal Clerk

I/Independent - County

Clerk

Municipal Clerk

Ballot Preparation

Municipal Clerk

certifies to County

Clerk the names,

addresses of all

persons filing

petitions for municipal

office.  County Clerk

responsible for

printing ballots

Municipal Clerk examines all petitions; Municipal Clerk responsible for preparation

Newspaper Publication

Candidates names not required to be published

Municipal Clerk must publish names of candidates as they

appear on the ballot, once in each of two (2) newspapers circulated in the municipality and published in NJ within ten (10) days after the last date to file petitions and drawing of positions

Sample Ballot

Prepared and mailed

to each registered

voter by County Clerk

and Board of Elections

Not required but may be mailed if traditionally done

Ballots and Election Supplies

County Clerk and Board

of Elections prepare

and supply to the

Municipal Clerk for

distribution to the

District Election Boards

Municipal Clerk prepares and supplies to the District Election Boards

District Election Board

Recruited by the local

political parties.

Named and assigned by

County Board of

Elections

Recruited and assigned to the District Election

Election Boards by Municipal Clerk

Election Results

Filed with Municipal Clerk, County Clerk and Superintendent of Elections

Filed with Municipal Clerk,

and in counties with

Superintendents of Elections, the Municipal Clerk makes a set of returns available to Superintendent

Canvas Returns

County Clerk with the

County Board of

Elections Monday after

election.  Results filed

in County Clerk's Office

Municipal Clerk, day after election.  Results are filed in Municipal Clerk's Office

 

 

EXHIBIT

STATUTORY SCHEDULE AND REFERENCE FOR NON-PARTISAN MUNICIPAL ELECTIONS 9/15/10

Pursuant to the Uniform Non-Partisan Elections Law, N.J.S.A. 40:45-5 et seq.

 

51 DAYS PRIOR TO REGULAR MUNICIPAL ELECTION (30 DAYS BEFORE CLOSING OF REGISTRATION) 10/1/11

 

Notice of election to be published, stating

date of election, voting hours and a list of

all polling places. [List of polling places is

required specifically under

N.J.S.A. 19:12-8]                                 [N.J.S.A. 19:12-7]

 

        Reminder:            Certification of polling places must be sent to County

            Board of Elections [N.J.S.A. 19:8-2] 9/15/12

 

This notice should also be published once

during the calendar week preceding the

Municipal Election date.            [N.J.S.A. 19:12-7]

 

64 DAYS PRIOR TO REGULAR MUNICIPAL ELECTION 9/15/10; 10/1/11

 

     LAST DAY FOR FILING THE FOLLOWING:

 

(a)        Petitions of Nomination                                     [N.J.S.A. 40:45-8]

 

            Election Law Enforcement Commission

            (ELEC) to be notified of eligible candidates

            by Municipal Clerk [N.J.S.A. 40:45-8]

 

(b)       Candidates acceptance of nomination

            (annexed to petition)                                       [N.J.S.A. 40:45-8]

 

(c)        Campaign Manager's oath

            (annexed to petition)                                        [N.J.S.A. 40:45-8]

 

(d)       Application for designation (6 words)

            (included in petition)                                        [N.J.S.A. 40:45-10]

 

(e)        Application for bracketing of candidates

            (included in petition)                                        [N.J.S.A. 40:45-10]

 

(f)         Identification (Candidates with same name)     [N.J.S.A. 40:45-14]

 

AT LEAST 55 DAYS PRIOR TO REGULAR MUNICIPAL ELECTION 10/1/11

 

Publish a display advertisement for the Mail-In

voter ballot application                                                 [N.J.S.A. 19:63-6(d)]

                                                                                    9/14/07; 9/15/09

 

60 DAYS PRIOR TO REGULAR MUNICIPAL ELECTION:  4th DAY AFTER FILING DEADLINE  9/15/10; 10/1/11

 

Last day to file written objections (4:00 p.m.)              [N.J.S.A.19:13-10]

 

61 DAYS PRIOR TO REGULAR MUNICIPAL ELECTION:  3rd DAY AFTER FILING 10/1/11

 

(a)        Last date for defects in petitions to be

            corrected.  Names may not be

            added after the last day for

            filing of original petition.                                   [N.J.S.A. 40:45-9 (d)]

 

(b)       Municipal Clerk makes determination on

            sufficiency of petitions filed.    

 

DRAWING FOR POSITION ON BALLOT

 

Two day notice to candidates by registered

mail of date, time and place for drawing

for position on ballot                                                    [N.J.S.A. 40:45-12]

 

Drawing for position on ballot held at

the Municipal Clerk's office                                            [N.J.S.A. 40:45-12]

(Title 40 does not specify date for drawing), Municipal

Clerk usually draws on the 53rd day as required for

the Partisan Elections) 12/01; 9/15/10; 9/15/13

 

WITHIN 10 DAYS AFTER EXPIRATION DATE FOR FILING OF PETITIONS AND DRAWING FOR POSITION ON BALLOT

 

Names of candidates as they appear on ballot to

be published once in each of two newspapers having

circulation in the municipality and published in

the State of New Jersey.                                               [N.J.S.A. 40:45-13]

 

50 DAYS PRIOR TO REGULAR MUNICIPAL ELECTION 10/1/11

 

On or before noon of this date, the Municipal

Clerk should prepare a copy of the contents of

official ballots for the printer                                         [N.J.S.A. 19:14-1]

 

Statutory references for printing ballot                                      [N.J.S.A. 40:45-15]

 

Vote by Mail 9/15/10                                                    [N.J.S.A. 19:63-9]

 

Voting Machine                                                             [N.J.S.A. 19:49-1]

 

Emergency                                                                   [N.J.S.A. 19:53B-1]

 

Provisional                                                                    [N.J.S.A. 19:53C-1]

 

45 DAYS PRIOR TO REGULAR MUNICIPAL ELECTION 10/1/11

 

Mail-in voter ballots to be mailed by

County Clerk as soon as practicable

after 45th day before election                                     [N.J.S.A. 19:63-9(a)]

9/15/09; 10/1/11; 9/15/12

 

21 DAYS PRIOR TO REGULAR MUNICIPAL ELECTION

 

Last day for voters to register or change

voter registration (21st day before election

the Municipal Clerk's office can remain open

to 9:00 p.m.); however, use of provisional

ballots still applies   9/15/06; 9/14/07; 9/15/09           [N.J.S.A. 19:31-6]

 

NOT LATER THAN 2nd TUESDAY PRECEDING ELECTION

 

Last day to file with County Board of

Elections, names of two challengers for each

candidate per district.  Generally only one

may remain in polling place at any one time.                [N.J.S.A. 19:17-3]

 

TEN DAYS BEFORE ELECTION

 

When several candidates for the Office of

Commissioner (in non-partisan municipalities

where such office exists), petition for

bracketing with the same slogan, they may

file with the Municipal Clerk the names of

three persons as a Committee on Vacancies                 [N.J.S.A. 40:45-10.1]

 

NOT LESS THAN SEVEN DAYS PRIOR TO REGULAR MUNICIPAL ELECTION

 

Vote by mail applications must be filed with County

Clerk's Office 9/15/09                                                   [N.J.S.A. 19:63-6(a)]

 

Mail-in voters who fail to apply

in writing for a ballot seven

days prior to the election may apply in

person, or by authorized messenger, to the

County Clerk on any day up to 3:00 p.m.

of the day before the election. 9/15/09

 

Two sets of official ballots should be

provided for each voting machine, for each

polling place, for each election district,

and for use in and upon voting machines                      [N.J.S.A. 19:49-3]

 

SIX DAYS PRIOR TO REGULAR MUNICIPAL ELECTION

 

On or before noon on Wednesday preceding

election, mail sample ballots                                        [N.J.S.A. 19:14-25]

 

ONE DAY BEFORE REGULAR MUNICIPAL ELECTION

 

Ballots, ballot boxes, keys and other

equipment and supplies delivered to

District Boards                                                              [N.J.S.A. 19:14-35]

 

2nd TUESDAY IN MAY:    MUNICIPAL ELECTION DAY:    [N.J.S.A. 40:45-7]

 

Election results certificates, completed

by District Boards, shall be delivered to

Municipal Clerks, County Clerks and

Superintendents as required                                         [N.J.S.A. 40:45-16]

 

Municipal Clerk certifies election results,

public may be present                                                  [N.J.S.A. 19:17-3]

 

JULY 1

 

Terms of office commence unless otherwise

provided by law.                                                           [N.J.S.A. 40:45-17]

 

 

 

XIII.    SCHOOL ELECTIONS

[N.J.S.A. 19:60-1 et seq.] 9/15/12

 

A.         APRIL SCHOOL BOARD ELECTIONS - P.L. 2011 C.202-third (3rd) Tuesday in April- This section references School Board Elections for Type II Districts that have held to the separate School Board Election date and did not select the option provided by P.L. 2011, c. 202, signed into law on January 17, 2012, which permits a board of education, a municipal governing body, or voters (by way of petition) to move the April annual school board election to the date of the November general election.

 

1.         3rd Tuesday in April

 

a.         In each Type II District an annual school election on the third (3rd) 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 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.  10/31/05

 

b.         The Board of Education of a Type II District may call a special election of the legal voters on only the fourth (4th) Tuesday in January, the second (2nd) Tuesday in March, the last Tuesday in September or the second (2nd) Tuesday in December when in its judgment the interests of the schools require such an election after giving no less than sixty (60) days' notice to the Municipal Clerk or Clerks and the County Board of Elections.  10/31/05

 

c.         The polling locations shall be open for such elections at 6:00 a.m. and closed at 8:00 p.m., and they shall be kept open between these hours; except that for a school election held at a time other than the general election the polls shall be open between the hours of 4:00 p.m. and 8:00 p.m. and during an additional time which the school board may designate between the hours of 6:00 a.m. and 8:00 p.m.  9/15/16

 

d.         One member at a time of the assigned board workers may be allowed to be absent from the polling place and room for a period of one hour, or less as necessary, between the hours of 1:00 p.m. and 5:00 p.m.  At no time from the opening of the polls to the completion of the canvass shall there be less than a majority of the poll workers present in the polling room or place, except that during a school election held at a time other than at the time of the general election there shall always be at least one member of each polling place present or if more than two poll workers are designated to serve at the polling place, at least two members present.  9/15/16

 

2.         Statutory Reference

 

            All school elections shall be by ballot and shall be conducted in accordance with N.J.S.A. 18A and N.J.S.A. 19 of the Revised Statutes.  No grouping of candidates or party designation shall appear on any ballot to be used in a school election.  10/31/05; 9/14/07; 9/15/10

 

3.         Duties of the Municipal Clerk

 

a.         Municipal Clerk's Office must be open during the hours of this election in conjunction with the National Voter Registration Act. 12/02

 

b.         Conduct one (1) evening voter registration if such requirement is determined by the Commissioner of Registration.

 

c.         The Municipal Clerk shall advertise the mail-in voter information for the local school election. 9/14/07; 9/15/09

 

d.         Recipient of tally sheet after election.

 

e.         Disbursement of poll lists and supplies.

 

4.         Duties of the Secretary of the Board of Education

 

a.         Certifies to the County Clerk a statement designating any public question to be voted upon by the voters of the district;

 

b.         Accepts nominating petitions for candidates to be voted upon at the school election by 4:00 p.m. of the fiftieth (50th) day preceding the date of the school election.  Candidate has seven (7) days to amend petitions.

 

c.         Conducts a drawing for position on the ballot seven (7) working days following the last day for filing a petition for nomination of such candidate and within two (2) days certifies to the County Clerk positions on the ballot.

 

d.         Certifies to County Clerk names of candidates and ballot positions.

 

e.         Receives objections to nominating petitions, conducts investigations and makes determination as to validity of petitions.

 

f.          Recipient of tally sheets from Municipal Clerk after election.

 

5.         Duties of the County Board of Elections

 

a.         Appointment of District Board Workers;

 

b.         Selection of Polling Places.

 

c.         Newspaper Advertisement of closing date of registration, time and place of annual school election.

 

d.         Appoints Challengers.

 

e.         Mail-in voter processing and advertise for regional elections. 9/15/09

 

f.          Certification of Election.

 

6.         Duties of Commissioner of Registration/Superintendent of Elections

 

a.         Provide computerized list with signatures.

 

b.         Receives emergency ballots from County Clerk.

 

c.         Evening registration.

 

d.         Supplies & Books delivered to Municipal Clerk.

 

e.         Voting Machines.

 

7.         Duties of the County Clerk

 

a.         Mailing of Sample Ballots.

 

b.         Publication of Notices for Vote by Mail Voters. 9/15/10

 

c.         Printing of Ballots.

 

d.         Recipient of results along with Municipal Clerk, County Superintendent of Elections and Local School Board Secretary.

 

8.         Petitions

 

            Received by the School Board Secretary by 4:00 p.m. on the fiftieth (50th) day prior to the School Election.  After conducting the drawing for position on the ballot, the School Board Secretary certifies to the County Clerk the names and ballot positions of all candidates.

 

9.         Publications

 

a.         The County Clerk advertises the mail-in voter requirements for regional school district elections.  12/01; 9/15/09

 

b.         The County Board of Elections is responsible for advertisement of the evening registration and challenger notices.

 

10.       District Boards (Consolidation of Polling Places)

 

            If during each of the two (2) preceding annual school board elections no more than five hundred (500) ballots were cast by the voters of the election districts for which that polling place is designated, the Municipal Clerk or the Board of Education may request or the County Board of Elections may determine on their own initiative to consolidate the polling places.

 

11.       Challengers

 

            Challengers are appointed in accordance with N.J.S.A. 19 by the County Board of Elections (see Challengers).

 

12.       Electioneering

            [N.J.S.A. 19:34-15]

 

a.         No person within the polling place or within one hundred (100') feet of the outside entrance to the polling place shall distribute or display any circular or printed material or electioneer or campaign in any form.  Such an act of electioneering is a misdemeanor.

 

b.         No person shall be allowed or permitted to be present in the polling place or polling room during the progress of the election except the officers connected with the elections, the several candidates, the duly authorized challengers, such voters as are present for the purpose of voting and such officers as may be duly detailed to be present, for preserving the peace and enforcing the provisions of the elections laws. [N.J.S.A. 19:15-8]

 

13.       Results of Election

 

a.         At the close of the polls, the District Board workers are to return all registration books, tally sheets, pay vouchers, voting authorities, and all other materials required to be returned by your County Election Officials, to the Office of the Municipal Clerk.

 

b.         Results are required to be transmitted to the County Clerk and the County Superintendent of Elections. The exact procedure for the delivery differs in each of the twenty-one (21) counties.

 

B.         NOVEMBER SCHOOL BOARD ELECTIONS - P.L. 2011, 202-first (1st) Tuesday after first (1st) Monday in November - Changing School Board Elections to the date of the General Election. In an effort to reduce costs by holding separate elections, and to increase the public participation in School Board Elections P.L. 2011, 202 sign into law on January 17, 2012 permits a board of education, a municipal governing body, or voters (by way of petition) to move the April annual school board election to the date of the November general election.

 

1.         A Type 11 school district may be moved to the November General Election through the following methods:

 

a.         A petition signed by not less than fifteen percent (15%) of the number of legally qualified voters who voted in the district at the last preceding general election held for the election of electors for President and Vice-President of the United States is filed with the board of education.

 

b.         Upon the adoption of a resolution by the board of education of a local or regional school district.

 

c.         Upon the adoption of a resolution by the governing body or bodies of the municipality or municipalities constituting the district.

 

2.         Upon adoption of a resolution by School Board or Governing Body the following government offices must be notified:

 

a.         P.L. 2011, 202 requires notification to the applicable County Clerk

 

b.         County Board of Election (and the County Superintendent of Elections, if there is one in the county)

 

c.         The applicable Municipal Clerk(s) and school board secretary or secretaries;

 

d.         State Division of Elections

 

e.         Department of Education's Executive County Superintendent

 

f.          Department of Community Affairs, Division of Local Government Services.

 

3.         The November School Board Election remains non-partisan.

 

4.         The hours for the election will coincide with the General Election hours: 6:00 a.m. to 8:00 p.m.  9/15/13

 

5.         Petitions for nomination for School Board Candidates are to be submitted to the County Clerk no later than 4:00 p.m. of the last Monday in July preceding the November School Election.  9/15/15

 

6.         The voters will only be voting on the School Board candidates and any proposed CAP over-ride referendum. The election may also include a capital spending proposal. There is no vote on the annual school based budget within the levy cap. However, the School is still required to hold Public Meetings on their budget.

 

7.         Once the School Board Election has been moved to November, it cannot revert back to April for four years. The procedure to move the election back in April is the same as to move it to November - by School Board or Governing Body Resolution or petition.

 

8.         The School Board's option to hold a special election, as is currently permitted by law four times a year at specified times remains unchanged (January, March, September and December).

 

 

 

EXHIBIT CHRONOLOGICAL INDEX - SCHOOL BOARD ELECTIONS 9/15/10

 

Jan. 2

State Commissioner of Education to notify Local School Board Secretary of any change in the date for annual School Board Election. [N.J.S.A. 19:60-1]

 

50 days before Annual School Board Election

 

Last day for candidates to file nominating petition with local School Board Secretary [N.J.S.A. 19:60-7]

 

50 days before Annual School Board Election

 

County Clerk to publish display advertisement for mail-in voter ballot for Regional School Board Election. Municipal Clerk to publish display advertisement for mail-in voter ballot information for Local School Board Election. [N.J.S.A. 19:57-7]   9/14/07; 9/15/09

 

44 days before Annual School Board Election

 

A candidate may withdraw by filing a written notice with the Secretary of the School Board. [N.J.S.A. 19:60-7]

 

44 days before Annual School Board Election

 

The last day a candidate may amend a defective affidavit of petition. [N.J.S.A. 19:60-7]

 

7 working days following filing of nominating petitions

 

A drawing for positions on the ballot shall be held at the office of the Secretary of the Board of Education. [N.J.S.A. 19:60-8]

 

21 days before the Annual School Board Election

 

The last day to register to vote in the Annual School Board Election. [N.J.S.A. 19:31-6]   9/15/06

 

2 weeks preceding annual school election

 

Challengers file request with County Board of Elections  9/15/09

 

17 days before the Annual School Board Election, no later than 10 a.m.

 

The Secretary of the Board of Education shall certify and forward to the County Clerk any public questions to be voted upon. [N.J.S.A. 19:60-4]

 

April 1  9/15/10; 9/15/13

 

On or before this date, Municipal Clerks shall send to the County Board of Election a list of suggested polling places. [N.J.S.A. 19:8-2]

 

2nd Tuesday before the Election

 

Applications for challengers shall be filed with the County Board of Elections no later than the second Tuesday preceding the election.  [N.J.S.A. 19:7-3]

 

The week before the week in which the election is to be held

 

The County Board of Election shall publish a general notice for Annual School Board Election. [N.J.S.A. 19:12-7]

 

7 days before the election

 

The last day a voter may apply to the County Clerk for a mail-in ballot to be voted by mail. [N.J.S.A. 19:57-4] 9/15/09

 

6 day period prior to the election

 

Any voter who fails to apply seven (7) days prior to the election may apply in person to the County Clerk for a mail-in ballot on any day up to 3:00 p.m. of the day before the election.  [N.J.S.A. 19:57-4] 9/15/09

 

3rd TUESDAY IN APRIL - ANNUAL  SCHOOL BOARD ELECTION [N.J.S.A. 19:60-1]*

 

*School Election may be held in November on same date as General Election if resolution adopted by School Board or Municipal Governing Body. If an election in November, the Budget is not voted on.

 

Monday after the School Board Election

 

The County Board of Canvassers shall meet for the purpose of checking the canvass made by the County Clerk. [N.J.S.A. 19:19-1]

 

15 days after the election

 

Deadline for filing an application for a recount or recheck for the School Board Election.  [N.J.S.A. 19:28-1]

 

15 day period following the election

 

The counter compartment shall remain locked for a period of fifteen (15) days, except it may be opened by order of a Judge of the Superior Court.  [N.J.S.A. 19:52-6]

 

 

 

EXHIBIT SAMPLE RESOLUTION FOR MOVING SCHOOL BOARD ELECTION TO NOVEMBER - GENERAL ELECTION

 

RESOLUTION

Establishing the Election of Members of the _______ Board of Education

As the First Tuesday after the First Monday in November

            WHEREAS, P.L. 2011, c. 202 authorizes changing the election date of school board members from the third Tuesday in April to the first Tuesday after the first Monday in November (the General Election); and

            WHEREAS, Such action requires the adoption of a resolution by a school district or the municipality or municipalities constituting such district, as set forth in P.L. 2011, c. 202; and

            WHEREAS, P.L. 2011, c. 202 requires that the change to a November election remain in effect for four years; and

            WHEREAS, P.L. 2011, c. 202 eliminates the annual voter referendum on the proposed general fund tax levy (i.e., the base budget which is at or below the statutory tax levy cap) in school districts where board of education members are elected at the General Election; and

            WHEREAS, P.L. 2011, c. 202 requires that an additional general fund tax levy proposal (i.e., for an expenditure in excess of the tax levy cap) be presented to voters as a separate question at the General Election; and

            WHEREAS, (optional) The _____________ (Board of Education or Governing Body) believes that the financial interest of its constituents is safeguarded by the state's tax levy cap and the thorough review of the proposed school budget by the Executive County Superintendent and the Executive County School Business Administrator; and

            WHEREAS, (optional) The _____________ (Board of Education or Governing Body) believes that more citizens will participate in the selection of school board members at the General Election than on the third Tuesday in April and that the higher level of participation will foster positive interest in our public schools; and

            WHEREAS, (optional) The ______________ (Board of Education or Governing Body) is committed to the non-partisan status of school board membership and the nonpartisan conduct of school elections, and believes this principle will not be compromised by conducting board member elections in November.

            NOW, THEREFORE, BE IT RESOLVED, That, pursuant to P.L. 2011, c. 202, the ___________ (Board of Education or Governing Body) changes the annual election date for school board members from the third Tuesday in April to the November General Election, beginning in 2012;

            BE IT FURTHER RESOLVED, That pursuant to P.L. 2011, c. 202 the annual organization meeting off the __________ Board of Education will take place in the first week of January following the November General Election and that the board of education's next organization meeting will take place in the first week of January 2013; and

            BE IT FURTHER RESOLVED, That, pursuant to P.L. 2011, c. 202, members of the ____________ Board of Education whose terms would have expired by May 2012 will continue to serve in office until the January 2013 organization meeting; and

            BE IT FURTHER RESOLVED, That this resolution be transmitted to the ___________ County Clerk; the ___________ County Board of Elections and/or Superintendent of Elections; the ___________ municipal clerk(s) and school board secretary or secretaries; the Department of State, Division of Elections; the Department of Education's Executive County Superintendent; and the Department of Community Affairs, Division of Local Government Services; and be it further RESOLVED, That a copy of this resolution also be provided to the New Jersey School Boards Association and New Jersey State League of Municipalities.

 

 

 

XIV.     SPECIAL ELECTIONS

 

Special elections are those other than the primary, general, school board or regular municipal election.  There are many and varied reasons for holding special elections, most of which are set forth in the following sections.

 

A.         In municipalities with Partisan Elections

 

1.         The special election matters are combined with the General Election Ballot and handled as part of the General Election by the County Clerk. 

 

2.         If the statute does not permit the combining of the special items with the General Election, a Special Election must be held. 

 

3.         If required, the municipality is responsible for conducting the election and the Municipal Clerk should follow the procedures set forth herein for Regular Municipal Elections (non-partisan).

 

B.         In municipalities with Regular Municipal (non-partisan) Elections, special election matters are combined with the Regular Municipal Election or a Special Election must be held if the Statute requires.  Again, the Municipal Clerk is required to follow the procedures set forth for Regular Municipal Elections.

 

C.         Reasons for Special Elections:

 

1.         To fill certain vacancies [N.J.S.A. 40A:16]

 

2.         Recall Elections [N.J.S.A. 19:27A]

 

3.         Abandonment of present form of government [N.J.S.A. 40:69A-25]

 

4.         Reversion to prior form [N.J.S.A. 49:69A-25]

 

5.         Initiative or Referendum [N.J.S.A. 49:69-184 et seq.]

 

6.         Exceed budget cap [N.J.S.A. 40A:4-45.3]

 

7.         Creation of Fire Districts [N.J.S.A. 40A:14-70]

 

 

XV.      MUNICIPAL VACANCY LAW

[N.J.S.A. 40A:16 et seq]

 

The “Municipal Vacancy Law” sets forth the rules concerning vacancies in the offices of Mayor and member of a municipal Governing Body and applies to all forms of municipal government. The law specifies when a municipal elected office is deemed vacant. It sets forth distinct procedures for a municipality to follow to fill a vacant office based upon whether the municipality holds elections in May or November and whether the elections are partisan or nonpartisan.  9/15/18

 

A.         REASONS FOR VACANCY

[N.J.S.A. 40A:16-3]

 

            The office of a mayor or a member of the Governing Body of a municipality shall be deemed vacant for the following reasons:

 

1.         Upon its being so declared by virtue of a judicial determination;

 

2.         Upon the death of the mayor or a member of the Governing Body;

 

3.         Upon a determination of the other members of the Governing Body that the mayor or a member of a Governing Body no longer resides within the corporate limits of a municipality or ward from which he was elected;

 

4.         Upon the refusal of the mayor or member of the Governing Body to qualify or serve;

 

5.         Upon a judicial determination that the mayor or member of the Governing Body shall become physically or mentally incapable of serving;

 

6.         Upon the filing of a written resignation with the Municipal Clerk by the mayor or a member of the Governing Body, except a resignation filed following the filing of a recall petition;

 

7.         Whenever the mayor, when required by law to attend meetings of the Governing Body, or a member of the Governing Body, fails to attend and participate in any meetings of the Governing Body for a period of eight (8) consecutive weeks:

 

a.         unless excused from attendance by a majority of the members of the Governing Body, at the conclusion of such period; 

 

b.         however, that the Governing Body may refuse to excuse only with respect to those members whose failure to attend and participate which are not due to legitimate illness;

 

8.         Upon a determination that the office comes within the purview of N.J.S.A. 19:3-25. - removal from office, nomination or election declared null and void.

 

9.         Tie vote creates a vacancy.  [N.J.S.A. 19:3-25]

 

B.         Procedures to fill vacancy in Partisan Municipalities 9/15/09

 

The Municipal Vacancy Law also provides rules for filling vacant municipal offices both temporarily and for unexpired terms of office. Under certain circumstances, the law requires vacancies to be filled through election; in other circumstances, it allows vacancies to be filled by governing body appointment. While the Municipal Vacancy Law, at N.J.S.A. 40A:16-13, allows a vacancy in the membership of the municipal governing body to remain vacant for an extended period of time, another provision of law, N.J.S.A. 40A:9-131, prohibits extended mayoral vacancies.  9/15/18

 

N.J.S.A. 40A:9-131 provides that upon occurrence of a mayoral vacancy, the presiding officer of the governing body automatically becomes the acting mayor until a successor is elected and qualified. This statute operates immediately upon any unexpected mayoral vacancy. It complements the provisions of the Municipal Vacancy Law, which provide for the appointment of a successor as mayor.  9/15/18

 

1.         Procedure to be followed to fill vacancy where incumbent was a nominee of a political party.

 

a.         If the vacancy occurs prior to September 1 in the next to last year of the term of the officer whose office has become vacant, the office shall be filled for its unexpired term at the next general election to be held not less than sixty (60) days after the occurrence of the vacancy. The Governing Body may fill the position on a temporary basis until that next general election using the same method as set forth in N.J.S.A. 40A:16-5.  9/15/12

 

b.         If the vacancy occurs on or after September 1 of the next-to-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 in manner set forth below.  [N.J.S.A. 40A:16-5]   9/14/07; 9/15/12

 

            The Governing Body may fill the vacancy by appointment in the following manner: [N.J.S.A. 40A:16-11]  12/01

 

(1)        Within fifteen (15) days after the occurrence of a vacancy, the municipal committee of the political party shall present to the Governing Body the names of three (3) nominees for the selection of a successor to fill the vacancy.

 

(2)        Within thirty (30) days after the occurrence of a vacancy, the Governing Body shall appoint one of the nominees as the successor to fill the vacancy.

 

(3)        If the Governing Body fails to appoint one of the nominees within the prescribed time, the municipal committee shall within the next fifteen (15) days or forty-five (45) days after the occurrence appoint one of the nominees as the successor to fill the vacancy.

 

(4)        If the municipal committee fails to submit the names of the nominees within the fifteen (15) days after the occurrence, the Governing Body may within the next fifteen (15) days or a total of thirty (30) days appoint a successor from the same political party which had nominated the incumbent whose office has become vacant.  12/01

 

Note:  If the vacancy occurs prior to September 1 in the next to last year of the term, the Governing Body may make a temporary appointment to fill the position until the next General Election. See paragraph B.1.a. above.

 

2.         Procedure to be followed to fill vacancy where incumbent was NOT a nominee of a political party.  [N.J.S.A. 40A:16-12]

 

a.         If the incumbent whose office becomes vacant was NOT elected to office as the nominee of a political party, the Governing Body may within thirty (30) days appoint a successor to fill the vacancy without regard to party.

 

b.         Failure of Governing Body to fill vacancy in membership of Governing Body [N.J.S.A. 40A:16-13]

 

If a Governing Body shall fail or decline to fill a vacancy in the membership of the Governing Body by appointment within the prescribed time, the office shall remain vacant for the remainder of the term or until the election and qualification of a successor, as the case may be.

 

3.         Authority of Governor to fill vacancies when a majority of the positions of the Governing Body become vacant [N.J.S.A. 40A:16-9]

 

a.         Whenever the offices of all or a majority of the members of a Governing Body shall become vacant, the Municipal Clerk or any remaining member of the Governing Body must immediately certify to the Governor the fact that the vacancies have occurred.

 

b.         The Governor shall, within thirty (30) days of the occurrence, fill the vacancies. If the incumbent whose office has become vacant was elected to office other than as nominees of a political party, the Governor shall appoint a successor to fill the vacancy without regard to party. 12/99

 

c.         If the incumbent whose office has become vacant was elected to office as the nominee of a political party, the Governor shall fill the vacancy by the appointment of a successor from the same political party which had nominated such incumbent.

 

C.         Vacancies – Non-Partisan Municipal Election HELD IN MAY [N.J.S.A. 40A:16-4] 9/15/09; 9/15/12

 

1.         Whenever a vacancy occurs 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:

 

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 sixty (60) days after the occurrence of the vacancy.  The Governing Body may fill the vacancy temporarily by appointment.

 

D.         Vote Required: 9/15/09

 

1.         An appointment to fill a vacancy in the office of mayor shall be by a majority vote of the entire membership of the Governing Body.  [N.J.S.A. 40A:16-6]

 

2.         An appointment to fill a vacancy in the membership of the Governing Body shall be by a majority vote of the remaining members of the Governing Body. [N.J.S.A. 40A:16-7]

 

3.         A mayor shall be permitted to vote to fill a vacancy in the membership of Governing Body only in the case of a tie vote in municipalities governing by the provisions of Article 3 or 16A of the "Optional Municipal Charter Law" or by the provisions of laws governing boroughs.

 

4.         The procedures of the governing body should dictate the interpretation of an abstention for purposes of determining whether a tie exists.  In such circumstances, consult with the municipal attorney for a legal interpretation.  9/15/18

 

E.         Qualifications of appointee to fill vacancy [N.J.S.A. 40A:16-10] 9/15/09

 

            Every person appointed to fill a vacancy, for either an unexpired term or temporarily, shall have the qualifications required by statute to permit the appointee to qualify for election to office. 12/99

 

F.         Special Election Required 9/15/09

 

1.         If the Governing Body shall fail to fill a vacancy in the office of the mayor within the thirty (30) day period prescribed, the Municipal Clerk shall fix the date for a special election to fill the vacancy to be held not less than forty-five (45) days nor more than fifty (50) days after the expiration of the time fixed for the filling of the vacancy.

 

2.         If the date fixed for a special election shall fall within twenty (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.

 

3.         If the date fixed for a special election shall fall within twenty-nine (29) 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 twenty (20) days nor more than twenty-five (25) days from the date of the election.  12/99

 

G.         Office of Mayor 9/15/09

 

1.         Vacancy occurs in final six (6) months of term of office.

 

a.         If a vacancy in the office of the mayor occurs in the final six (6) months of the term of the mayor, NO SPECIAL ELECTION SHALL BE HELD TO FILL THE VACANCY.

 

b.         No appointment shall be made by a Governing Body to fill a vacancy occurring in the office of the mayor after the  fixing of a date for a special election to fill the vacancy.

 

H.         Time of Taking Office [N.J.S.A. 40A:16-21] 9/15/09

 

1.         All appointees to fill a vacancy, whether to fill the unexpired term or temporarily, shall take office immediately after appointment and qualification.

 

2.         All persons elected to serve for the unexpired term of an office shall take office immediately upon certification of the results of the election.   [N.J.S.A. 19:20-9]   9/14/07

 

3.         All persons elected to serve for a full term of office shall take office on the date fixed for the commencement of the term of office.

 

I.          Vacancy of Candidates Between Primary and General Elections

 

            Withdrawal of Candidate/Vacancy between Primary and General Elections [N.J.S.A. 19:13-20]

 

1.         If a candidate changes his mind and declines a nomination after the petitions have been certified or after having been elected at the Primary Election, notification of such withdrawal is submitted to the County Clerk by the Municipal Clerk immediately. [N.J.S.A. 19:13-20]  When an equal number of votes shall have been given to two (2) or more persons to fill any office for which they shall by law be qualified, the office shall be deemed to be vacant.

 

2.         In either case, if this vacancy occurs not later than the fifty-sixth (56th) day before the general election, in the case of an office to be filled by the voters of a portion of a single county, the candidate shall be selected by those members of the county committee of the party wherein the vacancy has occurred who represent those portions of the county which are comprised in the district from which the candidate is to be elected. 12/99; 10/1/11

 

3.         In the case of a vacancy in membership in the county political committee; howsoever caused, the municipal committee of any political party shall be filled for the unexpired term by the remaining members of the committee in the municipality in which the vacancy occurs. [N.J.S.A. 19:5-2]

 

4.         The law does not require that the person selected be one of those people who actually were in the contest or on the ballot.  9/15/18

 

J.          Vacancy occurring in the case of a nomination for public office among Primary elector nominees [N.J.S.A. 19:13-20]

 

1.         The candidate shall be selected by those members of the county committee of the party wherein the vacancy has occurred who represent those portions of the county which are comprised in the district from which the candidate is to be elected.  [N.J.S.A.19:13-20a(4)]. In this case, if a tie occurred, the selection must be made among those who received the same number of votes in the primary.  [N.J.S.A. 19:13-20(c)] 9/15/09

 

2.         The selection must be made not later than the fifty-fourth (54th) day preceding the general election by means of the County Chairman filing a Statement with the County Clerk of the selection made, accompanied by a certificate from the candidate, which contains his acceptance, oath of allegiance and the statement that if so elected shall be the candidate of the party for such office at the ensuing general election. 9/15/14

 

 

 

XVI.     INITIATIVE AND REFERENDUM (I&R)

[N.J.S.A. 40:69A-184-196]  12/01

 

The power of Initiative and Referendum is only available to those municipalities who have adopted a Faulkner Act form of government.  Initiative and Referendum refers to a means of providing the voters the powers of initiate a process to either adopt ordinances or have them repealed or rejected. 9/15/09

 

A.         Definition

 

            Initiative - The power of the voters to propose and enact legislation themselves is known as the initiative. 9/15/09

 

B.         Committee of the Petitioners: 9/15/09

 

            A group of voters known as the "Committee of the Petitioners" is responsible for circulating and filing the initiative petition. This petition can only be withdrawn by at least four (4) of the five (5) members of the Committee of the Petitioners.

 

C.         Signature Requirements: 9/15/09

 

            The difference between the following two (2) sets of numbers is that the first provides an opportunity for the ordinance to be placed on the ballot in a special election, while the second does not:

 

1.         If the petition contains a number of signatures equal to at least fifteen percent (15%) of the total votes cast in the municipality at the last election which the members of the General Assembly were elected - the ordinance will be put on the ballot in a special election if there is no general or regular municipal election occurring not less than forty (40) days after the final date for withdrawal of the petition.

 

2.         If the petition contains a number of signatures equal to at least ten percent (10%) but less than fifteen percent (15%) of the total votes cast in the municipality at the last election at which members of the General Assembly were elected the ordinance will be submitted to the voters at the next general or regular municipal election occurring not less than forty (40) days after the final date for withdrawal of the petition.

 

D.         When an Ordinance is Initiated: 9/15/09

 

1.         It shall be deemed to have had first reading and provisions shall be made for a public hearing.

 

2.         The Municipal Clerk has twenty (20) days after filing of the initiative petition to determine whether the petition is legally correct in its form and signed by a significant number of qualified voters.

 

3.         The Municipal Clerk certifies as to the acceptance of this petition to the Governing Body at their next regular meeting.

 

4.         The Governing Body has twenty (20) days following submission of a certified initiative petition by the Municipal Clerk to pass an ordinance in substantially the same form.

 

5.         If the Governing Body fails or refuses to pass such an ordinance within the twenty (20) days, the Municipal Clerk shall submit the ordinance to the voters.

 

E.         Petition Amendments: 9/15/09

 

1.         The Committee of the Petitioners has ten (10) days to gather additional signatures and file a supplementary petition with the Municipal Clerk.

 

2.         The Municipal Clerk has five (5) days following the filing of a supplementary petition to examine it and determine if sufficient.

 

3.         If the petition is still found to be insufficient, the Municipal Clerk shall file a certificate to that effect in his office, and shall notify the Committee of the Petitioners of their findings.

 

F.         Withdrawal of Petition 9/15/09

 

1.         The Committee of the Petitioners may file with the Municipal Clerk a request signed by at least four of the five members of the Committee asking that the petition be withdrawn.  This request is to be filed within ten (10) days after final adverse action of the Governing Body or after the expiration of the time allowed for such action.

 

2.         Upon the filing of this request for withdrawal, the original initiative petition shall cease to have any force or effect.

 

G.          Publication Requirements 9/15/09

 

            Whenever an initiative ordinance is to be submitted to the voters of the municipality the Municipal Clerk shall have the proposed ordinance published in at least two (2) newspapers that are either published or circulated in the municipality.  The publication of the proposed ordinance shall not be more than twenty (20) days nor less than five (5) days before the election at which the ordinance will be voted on. [N.J.S.A. 40:69A-194]

 

H.         Election Results: 9/15/09

 

1.         If a majority of the votes are in favor of the proposed ordinance, it becomes a valid and binding ordinance of the municipality and shall be published as in the case of other ordinances.  Shall not be amended or repealed within three (3) years immediately following the date of adoption by the voters.

 

2.         The Governing Body may within three (3) years submit a proposition for the repeal or amendment to this ordinance to the voters at any general or regular election held during that period.

 

3.         If a proposition is so submitted and receives a majority of the votes cast at that election, the ordinance shall be repealed or amended accordingly.

 

 

XVII. REFERENDUM

 

a.         Definition of Referendum: 9/15/09

 

            The power of the voters to approve or reject at the polls any ordinance submitted to them by the Governing Body or any ordinance passed by the Governing Body against which a referendum petition has been filed.

 

b.         Ordinance Suspended:

 

1.         Ordinance in question is suspended:

 

Until ten (10) days following a finding by the Municipal Clerk that the petition is insufficient or

 

If an amended petition is filed, until five (5) days after that, or until it is withdrawn by the Committee of Petitioners, or until the Governing Body repeals the ordinance, or until the ordinance is approved or rejected by the voters at the polls.

 

2.         Once the Municipal Clerk finds the referendum petition or amended referendum petition is sufficient, the Municipal Clerk must submit it to the Governing Body without delay.

 

c.         Repeal of Ordinance:

 

1.         The Governing Body has twenty (20) days following the submission of a certified referendum petition by the Municipal Clerk to repeal the ordinance in question.

 

2.         If within twenty (20) days the Governing Body fails to act on the petition or refuses to repeal the ordinance in question, the MUNICIPAL CLERK shall submit the question to the voters in a referendum election.

 

d.         Election Results:

 

1.         If adopted by a majority of the voters, this ordinance becomes a valid and binding ordinance and is published as in the case of other ordinances.

 

2.         If opposed by the majority of the voters, ordinance is defeated.

           

E.         Matters Available to All Municipalities in the Form of Referendum:

 

1.         To adopt or modify or abandon a charter form of government;

 

2.         Salaries of municipal officials who are elected, managerial, executive or confidential employees;

 

3.         To contest any ordinance authorizing an improvement (improvement ordinance takes effect in ten (10) days after publication and final passage).

 

4.         To contest any ordinance authorizing indebtedness, except current expenses (bond ordinance takes effect in twenty (20) days after publication of final passage);

 

5.         Approval to exceed budget cap [N.J.S.A. 40A:4-45.3] 9/15/09

 

6.         Civil Service [N.J.S.A. 11A:9-1] 9/15/09

 

7.         Consolidation of municipalities [N.J.S.A. 40:43-66.35] 9/15/09

 

8.         Fire Protection conversion of a volunteer dept. to paid or part-paid dept. [N.J.S.A. 40A:14-41] 9/15/09

 

9.         Libraries - establishment of [N.J.S.A. 40:54-2]  9/15/09

 

10.       Police Protection [N.J.S.A 40A:14-132] 9/15/09

 

11.       Recreation  [N.J.S.A. 40:12-10] 9/15/09

 

12.       Amusement Games [N.J.S.A. 5:8-116] 9/15/09; 9/15/16

 

13.       Bingo [N.J.S.A. 5:8-43] 9/15/09; 9/15/16

 

14.       Raffles [N.J.S.A. 5:8-70] 9/15/09; 9/15/16

 

15.       Alcoholic Beverages - Regulating Hours of Sale [N.J.S.A. 33:1-45] 9/15/09; 9/15/16

 

16.       Annual Tax Levy for acquisition/development of lands for recreation, conservation, farmland preservation [N.J.S.A. 40:12-15.7] 9/15/09; 9/15/16

 

17.       Emergency Service Volunteers Length of Service Award Program (LOSAP)  [N.J.S.A. 40A:14-183] 9/15/09; 9/15/16

 

F.         Matters Not Subject to Initiative and Referendum:

 

1.         The annual municipal budget;

 

2.         Matters which would permanently tie the hands of the Governing Body;

 

3.         Matters over which the Governing Body has no control.

 

 

XVIII.       NON-BINDING REFERENDA [N.J.S.A. 19:37-1]

10/31/04

 

a.         By Governing Body:  9/15/16

 

1.         All municipalities have the right to non-binding referenda.  If the Governing Body of any municipality desires to ascertain the sentiment of the legal voters of the municipality upon any question or policy pertaining to the government or internal affairs thereof  and there is no statute by which the sentiment can be ascertained, the Governing Body has adopted at any regular meeting an ordinance or resolution requesting the Clerk of the County  to print upon the official ballots to be used at the next ensuing general election a certain proposition to be formulated and expressed in the ordinance or resolution.  9/15/16

 

2.         The request, certified by the Municipal Clerk, shall be filed with the County Clerk not later than eighty-one (81) days prior to the election. [N.J.S.A. 19:37-1] 10/1/11; 9/15/16

 

B.         Public’s Right to Input on Non-Binding Referendum Question:

 

            If the Governing Body has adopted an ordinance or resolution set forth above, and if they are subsequently presented with a petition, signed by ten percent (10%) or more of the voters registered and qualified to vote at the last general election in the municipality, requesting that they ascertain the sentiments of the voters upon a question or policy which is reasonably related to the question which the Governing Body adopted then at its next regular meeting following the presentation of the petition, the Governing Body shall adopt a resolution requesting the County Clerk to print upon the official ballots the proposition as formulated and expressed in the petition.

 

            Such request, certified by the Municipal Clerk, shall be filed with the County Clerk not later than the sixty-seventh (67th) day prior to the election. 10/1/11; 9/15/16

 

C.         Election Results:

 

            The results of such an election shall not bind the Governing Body nor shall it be construed as other than expression of sentiment  by the voters to be followed or disregarded by the Governing Body in its discretion.   [N.J.S.A. 19:37-4]   9/14/07; 9/15/16

 

 

XIX.     RECALL ELECTIONS

[N.J.S.A. 19:27A-1 et seq.]

 

The "Uniform Recall Election Law" was enacted in 1995 allowing all municipalities the power of recall.  This act repealed and replaced existing laws which authorized only some municipalities to conduct recall elections. 

 

A.         DEFINITIONS

            [N.J.S.A. 19:27A-3]

 

1.         Recall Committee means a committee formed by persons sponsoring the recall of an elected official.

 

2.         Recall Election means an election held for the purpose of allowing the voters of a jurisdiction to decide whether an elected official shall be removed from office. 9/15/14

 

3.         Recall Election Official means official authorized by law to receive nominating petitions for an elected office.

 

B.         CONDUCT OF ELECTION

            [N.J.S.A. 19:27A-14 et seq.]  12/01

 

            A Recall Election which will be held:

 

1.         In a government under partisan elections shall be governed by the provisions of N.J.S.A. Title 19.

 

2.         In a government under non-partisan elections shall be governed by the provisions of the statutes governing elections in that jurisdiction.

 

3.         In connection with a School Board member shall be governed by the provisions of the statutes governing elections in school elections.

 

C.         RECALL DRIVE BEGINS

            [N.J.S.A. 19:27A-4]

 

            A recall committee of at least three (3) registered voters forms to initiate proceedings.  This drive may not begin before the fiftieth (50th) day preceding the completion of the elected official's 1st year of the current term of office.

 

D.         NOTICE OF INTENTION

            [N.J.S.A. 19:27A-6]  9/15/17

 

1.         Prior to collecting any signatures, the sponsors of a recall petition shall file a notice of intention with the recall election official.

 

2.         Contents of Notice of Intention:

 

a.         Name and office of the elected official to be recalled;

 

b.         Name and business or residence address of at least three (3) sponsors of the recall petition, who shall constitute the recall committee.

 

3.         Name of Recall Committee [ex. "COMMITTEE TO RECALL (name of official to be recalled) FROM THE OFFICE OF (name of the office)"].

 

4.         A certified statement by each member of the recall committee that the member is:

 

a.         A registered voter in the jurisdiction;

 

b.         Supports the recall of the named official;

 

c.         Accepts responsibility of serving on this committee.

 

5.         An optional statement of the reasons of the recall not to exceed two hundred (200) words.

 

6.         A statement as to whether or not the recall election shall be held at the next general election or a regular election or at a special election.

 

E.         DUTIES OF THE RECALL ELECTION OFFICIAL

            [N.J.S.A. 19:27A-7]

 

            Within three (3) business days of receipt of the Notice of Intention, the recall election official shall:

 

1.         Review the notice for compliance with statutory provisions;

 

2.         Calculate the cost of a special election, if necessary;

 

3.         If found in compliance, return a certified copy of the approved notice to the recall committee with a certified statement of the recall official's approval on the face of the notice of intention.

 

4.         If the notice of intention is not found to be in compliance, return to the Recall Committee the notice of intention together with a written statement of the reasons.

 

F.         NOTIFICATION TO THE ELECTED OFFICIAL

            [N.J.S.A. 19:27A-7]

 

            Within five (5) business days of approving the Notice of Intention, the recall election official shall serve a copy by personal delivery or certified mail of intention on the official to be recalled.

 

G.         PUBLICATION

            [N.J.S.A. 19:27A-7]

 

            Within two (2) weeks of approving the Notice of Intention, the recall election official shall publish a copy of the notice of intention (or abbreviated version to include information on only three (3) members of the recall committee) in a newspaper published in the jurisdiction, or if none exists,  in a newspaper in general circulation within the jurisdiction.

 

H.         ANSWER BY THE ELECTED OFFICIAL

            [N.J.S.A. 19:27A-7]

 

            Within five (5) business days, the elected official to be recalled acknowledges the notice served and may elect to file an answer of up to two hundred (200) words.  This statement shall be printed on the 1st page of each section of the petition.  If no response is filed by the elected official, the recall election official, within two (2) business days of the expiration of the time period, shall, by personal delivery or certified mail, transmit to the recall committee a signed statement that no such answer or acknowledgment was filed with the recall election official.

 

I.          PETITIONS

            [N.J.S.A. 19:27A-5]

 

            The petition for recall of an elected official shall be reviewed by the recall election official for compliance.

 

1.         Contents must be prepared by the recall committee in accordance with the statutory requirements;

 

2.         There must be a separate petition for each elected official to be recalled;

 

3.         Must be signed by at least twenty-five percent (25%) of the registered voters in the jurisdiction as of the general election preceding the date the sponsors of the petition filed the notice of intent;

 

4.         Shall contain the statement of reasons for the recall along with the answer of the elected official, if submitted;

 

5.         Shall indicate if a special election has been requested and the estimated cost of such election as prepared by the recall election official;

 

6.         Shall be signed by every member of the recall committee and every circulator of the petition or the petition shall be deemed void.

 

J.          LIMITATION OF EFFORT FOR THE COLLECTION OF SIGNATURES

            [N.J.S.A. 19:27A-10]

 

            The recall effort is limited to three hundred twenty (320) days for a Governor or one hundred sixty (160) days for other elected officials from the date of the notice of intention.  12/99; 9/15/17; 9/15/18

 

K.         PETITION REVIEW

            [N.J.S.A. 19:27A-11]

 

            The recall election official certifies the number of signatures appearing on the petition and determines if the petition is valid within ten (10) days of receipt.

 

L.         CHALLENGE

            [N.J.S.A. 19:27A-12]

 

1.         The determination of the validity of the recall petition may be challenged by the official to be recalled or the recall election committee by filing a written objection within ten (10) business days of the issuance of the certification by the recall election official.

 

2.         The recall election official shall provide a certified copy of the recall petition to whoever requests it.

 

3.         The recall election official shall pass on the validity of the objection in an expedient manner.

 

4.         The decision of the recall election official may be contested by filing action in Superior Court.

 

M.        CERTIFICATE OF SUFFICIENCY OF THE PETITION

            [N.J.S.A. 19:27A-13]

 

1.         Issuance of Certificate of Sufficiency:

 

If the recall election official determines that the petition is sufficient and if the official to be recalled does not resign with five (5) business days of this determination, the recall election official shall issue a "Certificate of Sufficiency" to:

 

a.         The recall election committee;

 

b.         The elected official to be recalled;

 

c.         The office or public body designated by law to be responsible for published notice of any other election to be held in that jurisdiction on the same day as the recall election;

 

d.         The County Board or Board of Elections if a special election is to be held.

 

2.         Contents of the Certificate of Sufficiency of the Petition:

 

a.         The name and office of the official sought to be recalled;

 

b.         The number of signatures required by law to cause a recall election to be held for that office.

 

c.         A statement to the effect that a valid recall petition, determined to contain the required number of signatures, has been filed with the recall election official and that a recall election will be held.

 

d.         The date and time when the recall election will be held if the official does not resign.

 

3.         Publication of the Certificate of Sufficiency of the Petition:

 

The information contained in the "Certificate of Sufficiency" shall be published in a newspaper circulated in the jurisdiction of the official to be recalled, or if none exists, in a newspaper generally circulated in the jurisdiction by:

 

a.         The officer or body responsible for publication of any other election to be held on that day.

 

b.         The County Board or Board of Elections for a special recall election.

 

N.         RECALL ELECTION DATE

            [N.J.S.A. 19:27A -13]

 

1.         If the petition is accepted and the recall election official issues a "Certificate of Sufficiency," the recall election official schedules the recall election at the next regular or general election or at a special election, if requested by the recall committee on a date that does not conflict with the statutory requirements.

 

2.         No recall election shall be held on the same date as a primary election.

 

3.         The recall election shall not be held six (6) months prior to the general election or regular election in the final year of the term of the official to be recalled.

 

4.         A vacancy resulting from the resignation of the elected official sought to be recalled shall be filled in the same manner provided by statute for filling vacancies and no recall election shall be held.

 

O.         CANDIDATE TO SUCCEED ELECTED OFFICIAL

            [N.J.S.A. 19:27A-15]

 

1.         May be nominated within nine (9) days after the fifth (5th) business day following certification of the petition:

 

a.         In partisan governments, each political party may file a petition with the Municipal Clerk or by direct nomination by petition for a general election with the County Clerk.

 

b.         In non-partisan governments, nomination shall be by petition.

 

2.         An elected official, who is subject of a recall election, shall be eligible to be elected as that official's own successor in the event that the election results in the official's recall.

 

P.         RECALL ELECTION CAMPAIGN

            [N.J.S.A. 19:27A-17]

 

            All funds raised and expended on behalf of the recall effort or the recall defense effort are subject to the regulations of the New Jersey Election Law Enforcement Commission and other statutes of N.J.S.A. 19.

 

Q.         ELECTION RESULTS

            [N.J.S.A. 19:27A-16]

 

1.         Term of elected official terminates upon certification of the election results that a majority of the votes cast on the question of recall are in the affirmative.

 

2.         If the official is recalled, the person receiving the majority of votes cast for this office shall take office immediately.

 

3.         If the majority are in the negative, the official shall continue in office and the vote for the successor of such office shall be void.

 

4.         If the elected official is not recalled as a result of a recall election, the elected official shall not be subject to recall until after having served one (1) year of a term calculated from the date of the recall election.

 

            NOTE: This statute, as written is somewhat confusing, and the Municipal Clerk should exercise caution when called upon to execute their statutory responsibilities and seek legal counsel throughout this process.

 

 

 

EXHIBIT

REVIEW OF RECALL DEADLINES

 

Not before the 50th day preceding the completion of the elected official's 1st year of the current term

 

Notice of Intention filed with recall election official

 

Within 3 business days of filing of the notice of intention with the recall election official

 

Recall election official reviews notice of intention

 

Within 5 business days of approval of notice of intention

 

Recall election official notifies elected official to be recalled

 

Within 5 business days of receiving the notice of intention

 

Elected Official to be recalled acknowledges the notice served and may elect to file an answer

 

Within 2 business days of the expiration time period, if no response is filed with the recall election official

 

Recall election official shall certify that no such answer was filed

 

Within 2 weeks of approving notice of intention

 

Recall election official publishes notice of intention

 

Recall election official has 10 business days to certify to validity of petition

 

After petition is filed with the recall election official

 

Within 9 days after the 5th business day following service of the certification of petition by the recall election official

 

Each political party may nominate by petition candidate to succeed the elected official being recalled

 

Within 10 business days of certification by recall election official of the validity of the recall petition

 

Challenge may be filed in writing by the official to be recalled or recall committee

 

160 days from the date of the notice of intention

 

Petitioners gather signatures

 

 

 

 

EXHIBIT

SAMPLE RECALL PETITION

9/15/14

 

The recall petition has been updated and can be found at

http://www.nj.gov/state/elections/recall-election/recall-election-petition-2015-1110.pdf  9/15/14; 9/15/17

 

 

XX.       CHARTER STUDY COMMISSION

[N.J.S.A. 40:69A-1 et seq.]

 

 

 Forming a Charter Study Commission is not required in order to change the municipality’s form of government.  It may be done through a Direct Petition, however, the formation of a Charter Study Commission provides for an opportunity to research, compare, and consider a new charter study or changes to the present Charter; it gives the public an opportunity to be informed of all the information obtained and the recommendations of the Commission Members. 9/15/09

 

The Election of five (5) charter commission members will be placed on the ballot at the same time the public question is submitted; the question should read “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?” 9/15/09

 

A.         Charter Study Commission Initiated by Ordinance

 

1.         The Governing Body may adopt an ordinance requesting that a question be placed on the ballot for the creation of a Charter Study Commission and for the election of five (5) registered voters to serve on the Charter Study Commission.

 

2.         Placed on the ballot at the next general or regular municipal election occurring not less than seventy-five (75) days after the passage of the ordinance.

B.         Charter Study Commission Initiated by Petition

 

1.         Petition of the Voters to create a Charter Study Commission to be placed on the Ballot and the election of a five (5) member Charter Study Commission.

 

2.         The Municipal Clerk determines if the petition is legally correct and contains the proper number of signatures of qualified voters.

 

3.         The Municipal Clerk will place the question on the ballot at the next general or regular municipal election occurring not less than seventy-five (75) days after the filing of the petition. 9/15/10

 

C.         Number of Signatures Required on Petition to Create a Charter Study Commission

 

1.         Twenty-five percent (25%) in municipalities with a population of 7,000 or less;

 

2.         Twenty percent (20%) in municipalities with a population of  more than 7,000 but less than 70,000;

 

3.         Ten percent (10%) in municipalities with a population of 70,000 or more.

 

D.         Election of Charter Study Commission

 

1.         Charter Study Commission members are elected at the same time the public question is voted on.

 

2.         The voters shall choose five (5) members to serve on the Charter Study Commission.

 

3.         If two (2) or more candidates shall receive an equal number of votes, they shall draw lots to determine which one shall be elected.

 

E.         Candidates for the Charter Study Commission

 

            Candidates for the Charter Study Commission shall be registered voters of the Municipality.

 

F.         Petitions of Candidates for Charter Study Commission

 

1.         Petitions must be signed by at least three percent (3%) or of the registered voters of the municipality, but at no time shall the number be less than ten (10).  9/15/12

 

2.         Petitions must be filed with the Municipal Clerk not less than sixty (60) days prior to the date of the election.

 

3.         Petition shall set forth the names, places of residence, and post office addresses of the candidate or candidates nominated.

 

4.         Petitioner shall add his/her signature, place of residence, post office address and street number, if any.

 

5.         No registered voter shall sign a petition or petitions for more than five (5) candidates.

 

6.         Each petition shall be verified by an oath or affirmation of one or more of the signers thereof, taken and subscribed before a person qualified under the laws of New Jersey to administer an oath.

 

G.         canvass of Election

 

1.         The result of the votes cast for and against the adoption of the public question shall be returned by the District Board Workers to the Municipal Clerk.

 

2.         The votes cast for the members of the Charter Study Commission shall be counted and the results thereof returned to the Municipal Clerk.

 

3.         The five (5) candidates receiving the greatest number of votes shall be elected and shall constitute the Charter Study Commission.

 

4.         If the public question is defeated, none of the candidates shall be elected.

 

H.         Organization of the Charter Study Commission

 

1.         No later than fifteen (15) days after its election, the Charter Study Commission shall organize and hold its first meeting. A majority of the members shall constitute a quorum.

 

2.         The Commission is subject to the Open Public Meetings Act. 9/15/10

 

3.         They shall: 9/15/10

 

a.         Elect one of its members as chairman

 

b.         Fix its hours and place of meeting

 

c.         Adopt such rules for the conduct of its business

 

I.          Vacancies on the Charter Study Commission

 

            In case of a vacancy, the remaining members of such commission shall fill it by appointing thereto some other properly qualified citizen.

 

J.          Duties of the Charter Study Commission

 

1.         Study the form of government of the municipality.

 

2.         Compare it with other available forms under the laws of the State.

 

3.         Determine whether or not in its judgment, the government of the municipality could be strengthened, made more clearly responsive or accountable to the people.

 

4.         Determine whether a changed form of government would be more economical or efficient.

 

K.         Compensation and Expenses of the Charter Study Commission

 

1.         Members shall serve without compensation.

 

2.         Members shall be reimbursed by the Municipality for their expenses incurred in the performance of their duties.

 

3.         Within the limits of their appropriations, the Charter Study Commission may appoint one or more consultants and clerical and other assistants to serve at the pleasure of the commission and may fix a reasonable compensation to be paid such persons.

 

L.         Hearings; Public Forums

 

            The Charter Study Commission shall hold public hearings, may hold private hearings and sponsor forums and generally shall provide for the widest possible public information and discussion and are subject to the Open Public Meetings Act.

 

M.        CONCLUSIONS Available to the Charter Study Commission 9/15/10

 

            The Commission has five (5) alternative decisions/conclusions that may consider and recommend: 9/15/10

 

1.         It can recommend that the form of government be changed to one of the four (4) plans available under the Faulkner Act;

 

2.         It can recommend that the Governing Body petition the Legislature for a special charter or more specific amendments to the current charter [N.J.S.A. 40:69A-16];

 

3.         It can recommend that the current form of government be retained unchanged;

 

4.         If the municipality is already under a Faulkner Act form of government, it may recommend adopting any of the alternative provisions authorized under the current Faulkner form of government; 9/15/10

 

5.         Such other action as it may deem advisable consistent with its functions.

 

N.         Report of Charter Study Commission

 

1.         The Commission shall report its findings and recommendations to the citizens of the municipality within nine (9) calendar months from the date of its election.

 

2.         It shall file with the Municipal Clerk an original signed copy of any final report containing said findings and recommendations made by any member of the commission.

 

3.         It shall also deliver to the Municipal Clerk sufficient copies of any such report to permit distribution to any interested citizen.

 

4.         The Municipal Clerk shall distribute copies to the Governing Body.

 

O.         Election of New Municipal Officers if There is a Change in Government

 

1.         On the second Tuesday in May at least seventy-five (75) days after the referendum for plans with non-partisan, at-large elections.

 

2.         On the second Tuesday in May at least one hundred twenty (120) days after the referendum for plans with non-partisan elections from wards.

 

3.         At the next general election in November at least seventy-five (75) days after the referendum for plans with partisan, at-large elections.

 

4.         At the next general election in November at least one hundred twenty (120) days after the referendum for plans with partisan elections from wards. [N.J.S.A. 40:69A-205]

 

P.         installation of New Municipal Government

 

1.         On July 1 next following the first election of officers for plans with non-partisan elections.

 

2.         On January 1 next following the first election of officers for plans with partisan elections. [N.J.S.A. 40:69A-205]

 

 

EXHIBIT

TIMETABLE FOR CHARTER STUDY

 

PETITION FOR CHARTER STUDY COMMISSION:   N.J.S.A. 40:69A-1

 

ORDINANCE FOR CHARTER STUDY COMMISSION:  N.J.S.A. 40:69A-1

 

REFERENDUM ON PROPOSAL FOR CHARTER STUDY COMMISSION AND

ELECTION OF COMMISSION MEMBERS

 

At next general election                                                                 In November

 

Or regular Municipal election                                                          In May

 

At least 75 days after filing of petition or ordinance enactment  [N.J.S.A. 40:69a-1]   9/14/07

 

CHARTER STUDY COMMISSION MEETS AND ORGANIZES

 

Select Chairman

 

Fix hours and place of meetings

 

Adopt rules for conduct of business

 

No later than 15 days after election  [N.J.S.A. 40:69A-5]

 

PLANNING PHASES OF CHARTER STUDY

 

Plan schedule of work

 

Consider use of consultants

 

Prepare budget request

 

Suggested schedule (General Election)                                 November 15 to December 15

 

Suggested schedule (Municipal Election)                               June 1 to July 1

 

STUDY PHASE 1 - PRESENT FORM OF GOVERNMENT

 

Interview present and past public officials, civic leaders, and media representatives

 

Review reports on present government

 

Hold public hearings on present form of government

 

Draw tentative conclusions about present form of government

 

Suggested schedule (General Election)                                   December 15 to March 1

 

Suggested schedule (Municipal Election)                                 July 1 to September 15

 

STUDY PHASE 2 - ALTERNATIVE FORMS OF GOVERNMENT

 

Review statutory provisions of other forms

 

Interview persons having experience with other forms

 

Hold public meetings to inform voters of other forms of government which are available

 

Hold public hearings to gather opinion on other forms

 

Suggested schedule (General Election)                               March 1 to May 1

 

Suggested schedule (Municipal Election)                             September 15 to December 15

 

 

STUDY PHASE 3 - DECISION

 

Discuss advantages and disadvantages of each alternative form of government in relation to present form

 

Draw final conclusion and make decision

 

Suggested schedule (General Election)                               May 1 to June 1

 

Suggested schedule (Municipal Election)                             November 15 to December 15

 

PREPARATION OF CHARTER STUDY COMMISSION REPORT

 

Assign responsibility for drafting report

 

Review and approve final draft

 

Plan printing of report

 

Make filing and distribution plans

 

File official copies with Municipal Clerk

 

Suggested schedule (General Election)                               June 1 to July 15

 

Suggested schedule (Municipal Election)                             December 15 to February 1

 

CHARTER STUDY COMMISSION ACTIVITY AFTER FILING OF REPORT

 

Distribute copies of report

 

Publicize findings

 

Suggested schedule (General Election)                                     July 15 to November 1

 

Suggested schedule (Municipal Election)                                   February 1 to May 15

 

IF NO CHANGE RECOMMENDED

 

Charter Study Commission is discharged upon filing of official report. [N.J.S.A. 40:69A-11]

 

IF AN OPTION PLAN IS RECOMMENDED

 

REFERENDUM ON OPTIONAL PLAN MUST BE HELD

 

(As specified by Commission)  [N.J.S.A. 40:69A-15]

 

At the next general election or regular municipal election at least 60 days after filing of report

 

                                                OR

 

At a special election from 60 to 120 days after filing of report.

 

 

 

XXI.     WARDS

[N.J.S.A. 40:44-10]

 

A.         Applicability

 

            The provisions of the subject act govern any municipality having adopted charter or form of government or ordinance providing that the municipality shall be divided into wards or other similar representation districts for the purpose of the election or appointment of any municipal officers.

 

B.         Division into Wards by Board of Ward Commissioners

 

1.         Reserved.  9/15/18

 

2.         The County Board of Elections;

 

3.         The Municipal Clerk.

 

C.         Each Ward Commissioner shall be entitled to:  [N.J.S.A. 40:44-12]

 

1.         Reimbursement for necessary expenses;

 

2.         Assistance of a surveyor or engineer;

 

3.         The Governing Body shall provide for the compensation, expenses of the commissioners and the services of surveyor, engineer or other assistants.

 

D.         WARD COMMISSIONER OATH

 

            Each Ward Commissioner shall take an oath to faithfully and impartially perform their duties [N.J.S.A. 40:44-13]

 

E.         WHEN WARD COMMISSIONERS MUST MEET [N.J.S.A. 40:44-13]

 

1.         Within five (5) days following any election at which the voters have adopted a charter or a form of government requiring the wards in the municipality.

 

2.         Within three (3) months following the promulgation by the Governor of the Federal decennial census.

 

3.         Within thirty (30) days following the final adoption by the Governing Body of any ordinance which requires that:

 

a.         The municipality be divided into wards;

 

b.         The existing wards of the municipality be increased or decreased;

 

c.         The existing wards be adjusted to allow for the annexation or deannexation of territory.

 

F.         Ward Boundary Requirements [N.J.S.A. 40:44-14]

 

1.         Compact

 

2.         Contiguous

 

3.         The population of the most populous ward shall not differ from the population of the least populous ward by more than ten percent (10%) of the mean population of the wards derived by dividing the total population of the municipality by the number of wards created.  The most recent Federal decennial census shall be used as the population determinant.

 

G.         Report of Ward Commissioners [N.J.S.A. 40:44-15 & N.J.S.A. 40:44-16]

 

1.         Within thirty (30) days following initial meeting, the Ward Commissioners shall file their report.

 

2.         Report shall be certified by at least three (3) of their signatures.

 

3.         Report shall set forth and properly describe the ward boundaries.

 

4.         Report shall contain a map clearly depicting the ward boundaries.

 

5.         Copies of the report shall be filed with the:

 

County Clerk

 

Secretary of State

 

Municipal Clerk

 

6.         Within two (2) weeks following the filing of the certified report, the Municipal Clerk shall publish at least once in at least one (1) newspaper generally circulating in the municipality A NOTICE of the ward boundaries that have been determined.

 

H.         Effectiveness of Ward Boundaries

[N.J.S.A. 40:44-16]

 

1.         Upon completion of the publication, the former wards, shall be superseded.

 

2.         All officers elected in the municipality shall be based on these ward boundaries, EXCEPT:

 

In cases where:

 

a.         Ward municipal officers are elected at November General Elections.

 

b.         Publication of ward boundaries is completed within the seventy-five (75) days prior to a Primary election at which ward municipal officers are to be elected. 10/31/05

 

3.         The wards so fixed shall take effect on the day following the holding of the General Election.

 

4.         In cases where:

 

Ward municipal officers are elected at May Municipal elections;

 

Publication of the ward boundaries is completed during the seventy-five (75) day period preceding a Municipal Election at which ward municipal officers are to be elected;

 

The wards so fixed shall take effect on the day following the holding of the municipal election.

 

5.         Whenever the boundaries of existing wards are adjusted, all officers elected therefor shall continue in office until their successors are elected and qualified from adjusted wards. [N.J.S.A. 40:44-17]

 

 

EXHIBIT

STATUTORY PROVISIONS FOR DRAWING WARDS

 

MUNICIPAL WARD LAW  [N.J.S.A. 40:44-9 et seq.] [Chapter 496, Laws of 1981]

Applies to:                  All municipalities having a form of government which requires

                                   wards.  (This law, in itself, does not authorize a municipality to

                                   have wards.) [N.J.S.A. 40:44-10]

Who draws ward          Board of Ward Commissioners, consisting of 4 members of the   boundaries?                County Board of Elections, plus the Municipal Clerk.

[N.J.S.A. 40:44-12]  9/15/14

When is it                    Board of Ward Commissioners must hold initial meeting:

done?                         When a municipality adopts a charter or amends its charter to

                                   require wards - within 5 days.

                                   After official promulgation by the Governor of a Federal

                                   decennial census - within 3 months. [N.J.S.A. 40:44-13]

Number of Wards        Determined by the charter of the municipality.

Compensation for       Entitled to reimbursement for necessary expenses, plus such Commissioners           other compensation as set by the municipal Governing Body

                                   by ordinance or resolution.  [N.J.S.A. 40:44-12] 10/31/04

Technical                    Ward Commissioners may hire a surveyor or engineer and such Assistance                  other assistants as are necessary and the Municipal Governing

                                   Body "shall" provide for expense of such services.  [N.J.S.A.

                                   40:44-12]

Standards for              Wards must be:

Wards                         Formed of contiguous territory;

                                   Formed of compact territory. Population of largest ward may not

                                   exceed population of smallest ward by more than 10% of average

                                   ward population according to the most recent Federal decennial

                                   census.  [N.J.S.A. 40:44-14]

Time period                30 days from first meeting of Board of Ward Commissioners. 

Allowed for work         [N.J.S.A. 40:44-15]

Majority required        At least 3 of 5 members must sign the report.  [N.J.S.A. 40:44-15]

for decision

Report                        The report of the Board of Ward Commissioners must include a                                    description of the ward boundaries and a map of the wards.                                     [N.J.S.A. 40:44-15]

Filing of report            The original is to be filed with the County Clerk, with copies

                                                                       filed with the Secretary of State and in the Municipal Clerk's Office.                                    [N.J.S.A. 40:44-15]

Publication of Ward     The Municipal Clerk is required to publish a notice of the ward

boundaries                 boundaries within 2 weeks in at least one newspaper circulating in                                    the municipality.  [N.J.S.A. 40:44-16]

Effective date              New wards are effective upon publication for the next upcoming                                    election for new wards unless publication occurs less than 75 days                                    prior to a primary or general election in a year in which municipal                                    officials are to be elected, in which case the wards go into effect                                   after that election.  [N.J.S.A. 40:44-16]

Succession in              When wards are redrawn due to an ordinance of the Governing

office                          Body or after a Federal decennial census, incumbents serve out                                   the term for which they were elected and until their successors are

                                   elected and qualified from the new wards.  [N.J.S.A. 40:44-17]

 

 

 

 

XXII.   ELECTION DISTRICTS 10/31/05

[N.J.S.A. 19-4-10]

 

A.         ELECTION DISTRICT BOUNDARIES

[N.J.S.A. 19:4-10 through 19:4-17]

 

            As nearly as practicable, each election district should:

1.         Be contiguous and compact areas having clearly definable boundaries; 9/15/10

 

2.         Be contained wholly within one (1) ward, one (1) municipality, one (1) County freeholder district, one (1) State legislative district, one (1) United States Congressional district and only one (1) other district from which any public official is elected;

 

3.         Election districts within each municipality are to be numbered consecutively.

 

B.         NUMBER OF REGISTERED VOTERS

[N.J.S.A. 19:4-13]

 

1.         When, in any two (2) consecutive general elections in an election district, more than seven hundred fifty (750) or less than two hundred fifty (250) votes have been cast, the county board should readjust the boundary lines of such election district and other election districts necessary to effect changes so that none of the election districts affected has more than seven hundred fifty (750) registered voters. 9/15/10

 

2.         The County Board has the power to consolidate any number of districts and subdivide the same.

 

C.         CHANGES IN ELECTION DISTRICT BOUNDARIES

[N.J.S.A. 19:4-15]

 

1.         No County Board of Elections shall make division of any election district in any year in the period commencing seventy-five (75) days before the primary election and ending the day of the general election. 9/15/10

 

2.         To facilitate the use of Federal decennial census populations for apportionment and redistricting purposes, no election districts may be created, abolished, divided, or consolidated between January 1 of any year whose last digit is seven (7) and December 1 of any year whose last digit is zero (0) without the prior approval of the New Jersey Secretary of State. 9/15/10

 

D.         ELECTION DISTRICT MAPS

[N.J.S.A. 19:4-16]

 

1.         The County Board of Elections is required to have prepared and to maintain up-to-date, suitable maps of the county and of each constituent municipality, clearly delineating the geographical boundaries of each election district.

 

2.         Rules and regulations governing said maps and descriptions are established by the Secretary of State.

 

3.         Maps shall be available for public inspection during normal business hours and available for copies at a fee to cover the cost of reproduction.

 

EXHIBIT

STATUTORY PROVISIONS FOR DRAWING ELECTION DISTRICT BOUNDARIES

 

Who does it?            County Board of Elections.  [N.J.S.A. 19:4-13]

When is it done?      Whenever, in two consecutive general elections, more than 750 or                                 less than 250 votes are cast. [N.J.S.A. 19:4-13]

                                Whenever districts are inconvenient to voters because of size or

                                shape. [N.J.S.A. 19:4-14]

When is it NOT         Not within the time period commencing 75 days before the

done?                      primary and ending the day of the general election.

                                [N.J.S.A. 19:4-15] 10/31/04;10/31/05; 9/15/12

                                Not between January 1 of year ending in 7 and December 1 of year                                 ending in 0, unless approved in advance by Secretary of State.                                  [N.J.S.A. 19:4-15]

Standards to be       Contiguous area.  [N.J.S.A. 19:4-10]

used.                       Compact area.  [N.J.S.A. 19:4-10]

                                Clearly definable boundaries.  [N.J.S.A. 19:4-10]

                                Entirely within one Ward, Municipality, County Freeholder District, State Legislative District, U.S. Congressional District, or any other district from which a public official is elected.  [N.J.S.A. 19:4-10]

                                Equal numbers of registered voters per voting machine or electronic voting device:

 

Voting

Electronic

 

Machines

Devices

Voters

1

4

750 maximum (except where there is an institution) [N.J.S.A. 19:4-11]

2

5

1,000 as nearly as practicable [N.J.S.A. 19:4-12]

3

8

1,500 as nearly as practicable  [N.J.S.A. 19:4-12]

 

                                        There may be fewer voters per district if necessary for the    convenience of the voters.

 

Records to be          County Board of Elections prepares map of districts and ward

kept                        description. [N.J.S.A. 19:4-16]

                               Map and ward description to be filed with:

                                    Secretary of State

                                    County Clerk

                                    Municipal Clerk

                               within 30 days of revision.  [N.J.S.A. 19:4-16]

                               Map and ward description to be available for inspection by the

                               public at all offices where filed.  [N.J.S.A. 19:4-16]

                               Copies of map and ward description to be available to

                               public at cost.  [N.J.S.A. 19:4-16]

Miscellaneous:     Secretary of State to issue rules and regulations.  [N.J.S.A. 19:4-16]

 

 

 

XXIII. MISCELLANEOUS INFORMATION 10/31/05

 

A.         IRREGULAR (WRITE IN) BALLOTS

[N.J.S.A. 19:49-5]

 

1.         A ballot cast for any person whose name does not appear on the ballot as a nominated candidate for any office is called an irregular ballot or as commonly referred to as a write-in.

 

2.         A person whose name appears on the ballot for any election and receives irregular ballots at this same election, the irregular ballots will not be added to that person's total vote.

 

3.         An irregular ballot must be cast in its appropriate place on the machine or ballot or it will be not counted and shall be void.

 

B.         Spoiled Ballot 12/99

 

            Some municipalities have required voting via paper ballots.  In the case where such a paper ballot is marred, torn, or otherwise unable to be cast, the district board worker may issue only one more ballot to the voter.  The ballot not cast must be retained by the Board worker and notice of the incident included in the written remarks by the Board worker.

 

C.         Federal Voting Right Act  [USCA 1971 et seq.] provides that all blind, disabled and illiterate persons are entitled to assistance in the voting booth in any elections:

 

1.         The voter is entitled to assistance from a person of their own choice as long as that person is not the voter's employer or agent of the employer nor an official or agent of the voter's union;

 

2.         If the voter does not have anyone to assist him/her, it is permissible for the district board to offer the assistance of two (2) of the board members from opposite political parties.

 

3.         The district board must record the name and address of the voter and the person(s) assisting the voter in the machine on the disability certificate.

 

D.         Recount

[N.J.S.A. 19:28-1-22]

 

1.         When any candidate at any election has reason to believe an error has been made in the counting of the vote, he may within a period of fifteen (15) days following such election apply to a judge of the Superior Court assigned to the county for a recount of the votes cast in that election. 10/31/05; 9/15/10

 

2.         When ten (10) voters at any election shall have reason to believe that an error has been made in the counting of the vote on a matter of a public question, they may also make application for a recount in the same manner as noted above.

 

3.         The applicant or applicants for such a recount must deposit a fee with the Superior Court Judge for this purpose and the judge shall fix and determine the amount of compensation to be paid for making the recount and the costs and expenses of the recount.

 

E.         PETITIONS TO BE DOUBLED SPACED

12/02

 

            Whenever a petition is circulated within a county, municipality, school district or special district for the purpose of gathering the signatures of registered voters in order to place a referendum question on the ballot in any election, each page of the petition shall be arranged to contain, in addition to such other content relative thereto required by law, double spacing between the signature lines of the petition so that each signer thereof is afforded sufficient space to provide his or her printed name, address and signature.  [N.J.S.A. 19:1-4] 

 

F.         Election By Mail

 

            A municipality with a population of five hundred (500) or fewer persons, according to the latest federal decennial census, may conduct all elections by mail, provided there is an affirmative vote to do so by the Governing Body of the municipality and by the Governing Body of the county in which the municipality is located. 10/31/05

 

 

XXIV.               CAMPAIGN CONTRIBUTIONS  [N.J.S.A. 19:44A-1 et seq.] 10/31/05

 

A.         STATE AGENCY

 

            The State Agency responsible for the enforcement of the New Jersey Campaign Contributions and Expenditures Reporting Act is the New Jersey Election Law Enforcement Commission.

 

B.         DEFINITIONS

 

1.         Candidate

 

An individual seeking election to a public office of this State or of a county, municipality or school district at any election.  Also any person who shall have been elected or failed to be elected to an office, other than a party office,  for which he/she sought election, and who receives contributions and makes expenditures for any of the authorized purposes, or who still has funds remaining in a campaign account.

 

2.         Political Committee

 

A group of two (2) or more persons acting jointly which raises or expends one thousand dollars ($1,000) or more in an election to promote the nomination, election or defeat of a candidate, or which raises or expends one thousand dollars ($1,000) or more to aid or promote the passage or defeat of a public question.  9/15/09; 9/15/14; 9/15/15

 

3.         Recall Committee

 

A recall committee is formed by persons sponsoring the recall of an elected official.

 

4.         Recall Defense Committee

 

A recall defense committee formed by the elected official who is the subject of the recall effort.

 

C.         WHO MUST FILE

 

1.         Candidates for any elected public office in the State of New Jersey must file reports of their campaign financial activity

 

2.         Treasurers of political committees

 

3.         Recall and Recall Defense committees

 

D.         WHO IS NOT REQUIRED TO FILE

 

            Candidates for Federal office or for political party positions (county committee member, state committee member or national party convention delegate) are not under the jurisdiction of this regulation.

 

E.         WHICH ELECTIONS APPLY

 

            Primary, General, May Municipal, June Runoff, School Board, Fire Commission, Recall and Special elections

 

 

 

XXV.      CAMPAIGN LITERATURE

[N.J.S.A. 19:34 through 38-1] 10/31/05

 

No person shall print, copy, publish, exhibit, distribute or pay for or cause any circular, handbill, card, pamphlet, statement, advertisement or other printed matter having reference to any election or to any candidate or to the adoption or rejection of any public question at any general, primary or special election unless same shall bear upon its face a statement of the name and address of the person(s) by whom the cost has been paid and the name and address of the person(s) by whom the same is printed, copied or published.

 

 

XXVI.     CRIMES AND PROHIBITIONS 10/31/05

 

Election crimes and prohibited expenditures are set forth in N.J.S.A. 19:34-1 through N.J.S.A. 19:34-66.

 

 

XXVII. FIRE DISTRICT ELECTIONS

  10/31/04

 

Not all municipalities have fire districts.  This section is provided for those Municipal Clerks who do have fire districts or may have applications to create them in the future.  The Governing Body and Municipal Clerk are involved in the application for creation and the first election.  Thereafter, the fire district is a separate corporate entity whose elections are under the jurisdiction of the Secretary of State and budgets under the jurisdiction of the Department of Community Affairs.  Problems with districts or district elections should be referred to the Secretary of State.  This section provides basic information with which to answer questions from the public.

 

A.         CREATION

[N.J.S.A. 40A:14-70]

 

1.         The Governing Body of any municipality not having a paid or part-paid fire department and force, upon application of at least five percent (5%) of the registered voters or twenty (20) legal voters, whichever is greater, shall consider the designation of a fire district.

 

2.         The application shall be subject to a public hearing at a time and place fixed by the Governing Body, and 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 ten (10) days prior to the hearing.

 

3.         If, after the hearing, the Governing Body shall decide that the designation of a fire district is appropriate, it shall, by ordinance:

 

a.         Designate a territorial location or locations for use as a fire district or districts.

 

b.         By resolution, provide for the election of a Board of Fire Commission for the district/districts and specify the date, time and place for the election of the first Board.

 

4.         Nominating petitions for the first election of a Board of Fire Commissioners are filed with the Municipal Clerk.  Any such petition shall be in writing, addressed to the Municipal Clerk for the initial election, after with the Clerk of the Board, stating that the signers thereof are qualified voters and residents in the district and requesting that the name of the candidate be placed on the official ballot. The petition shall state the residence of the candidate and certify his qualification for membership. The candidate's consent to his nomination shall be annexed to the petition and shall constitute his agreement to serve in the event of his election. The petition shall contain the name of only one candidate, but several petitions may nominate the same person. Each petition shall be signed by not less than 10 qualified voters and shall be filed at least 29 days before the date of the election.

 

            Any form of a petition of nomination which is provided to candidates by the Secretary of State, the County Clerk, or 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,' P.L.1973, c.83 (C.19-44A-1 et seq.) If a petition is found to be defective, either in form or substance, the Municipal Clerk or the Clerk of the Board, as the case may be, shall forthwith notify the candidate to cause to be corrected before the petition is given consideration.  9/15/10

 

B.         COMMISSIONERS

[N.J.S.A. 40A:14-70]

 

1.         The Board of Fire Commissioners shall consist of five (5) members, residents therein.

 

2.         The Secretary and Treasurer shall be members of the Board and their appointments shall be for one (1) year.

 

3.         The district shall be assigned a number and shall be a corporate body with power to acquire, hold, lease, sell or otherwise convey real and personal property in accordance with the Local Lands and Buildings Law.

 

4.         The Board 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. 

 

5.         The Board has approval power for the creation of a new volunteer fire company and to contract with volunteer fire companies for services.  [N.J.S.A. 40A:14-70.1]

 

6.         On the date, time and place specified for the election of the first Board, the Municipal Clerk shall conduct the election and shall preside at the meeting until the Board shall have been elected.

 

7.         At the first meeting of the Board after the first election, the Board shall choose a chairman and fix the place for the annual election.

 

8.         Members of the first Board shall divide themselves by lot into three (3) classes for purposes of expiration of term of office - two (2) members shall serve for three (3) years, two (2) members shall serve for two (2) years, and one (1) member shall serve for one (1) year.

 

a.         Thereafter, terms shall expire at 12:00 o'clock noon on the first (1st) Tuesday in March of the third (3rd) year following their election for April elections.

 

b.         If the time of the annual election is moved to the time of the general election, the terms of the fire commissioners then in office shall be extended until 12 o’clock noon on the first Tuesday in December of the years in which their terms expire.

9/15/17

 

9.         Vacancies shall be filled by the remaining members until the next succeeding election at which a resident shall be elected for the unexpired term.

 

C.         ELECTION OF COMMISSIONERS (AFTER INITIAL ELECTION FOR CREATION)

[N.J.S.A. 40A:14-70 to N.J.S.A. 40A:14-77]

 

1.         Fire District Elections for Commissioners and annual budget are held on the third (3rd) Saturday in February or during the General Election, held the 1st Tuesday after the 1st Monday in November. 9/15/17

 

2.         The Clerk of the Board of Fire Commissioners will follow requirements of N.J.S.A. 40A:14-70 thru N.J.S.A. 40A:14-77 for this and subsequent elections. 9/15/10

 

3.         Arrangements can be made for the use of voting machines from the County Board of Elections. 9/15/10

 

4.         Polls shall be opened between the hours of 2:00 p.m. and 9:00 p.m. but the Board may designate a later closing hour. 9/15/10

 

D.         FIRE DISTRICT BUDGETS

 

            Fire District Budgets are also presented to the voters at the elections held on the third (3rd) Saturday in February or during the General Election, held the 1st Tuesday after the 1st Monday in November.  Information on the presentation, election, adoption and actions to be taken if Fire District Budget is defeated appear in Chapter 10, Budget and Fiscal Affairs.  9/15/17

            SEE PL2017, C206

 

 

 

CHAPTER 5 ELECTIONS
Published by ClerkBase
©2019 by Clerkbase. No Claim to Original Government Works.