Bill Text: NJ S1317 | 2012-2013 | Regular Session | Introduced
Bill Title: Consolidates nonpartisan municipal election procedures in Title 19 of Revised Statutes.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Introduced - Dead) 2012-01-30 - Introduced in the Senate, Referred to Senate State Government, Wagering, Tourism & Historic Preservation Committee [S1317 Detail]
Download: New_Jersey-2012-S1317-Introduced.html
Sponsored by:
Senator NIA H. GILL
District 34 (Essex and Passaic)
SYNOPSIS
Consolidates nonpartisan municipal election procedures in Title 19 of Revised Statutes.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning nonpartisan municipal elections, supplementing Title 19 of the Revised Statutes and amending and repealing parts of the statutory law.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. (New section) a. The election of municipal officers shall occur on the second Tuesday in May of each year in which such officers are to be elected in all municipalities holding regular municipal elections under the "Optional Municipal Charter Law," P.L.1950, c.210 (R.S.40:69A-1 et seq.), the "commission form of government law" (R.S.40:70-1 et seq.), the "municipal manager form of government law" (N.J.S.40:79-1 et seq.) or any other plan or form of government or charter hereafter authorized that provides for the holding of regular municipal elections at that time.
b. The officers to be elected, their number, the length of their term of office and their powers and responsibilities shall be determined by the laws authorizing the plan or form of government or charter which the municipalities have adopted.
c. The regular municipal elections shall be held in the same place and conducted in the same manner as the general election, pursuant to this Title, except as otherwise provided for by P.L. , c. (C. ) (pending before the Legislature as this bill).
2. (New section) a. Each candidate to be voted upon at a regular municipal election shall be nominated directly by petition. The procedures for such nomination shall, to the extent not inconsistent with the provisions of P.L. , c. (C. ) (pending before the Legislature as this bill), conform to the procedure for nominating candidates by direct petition under chapter 13 of this Title.
b. Notwithstanding the provisions of R.S.19:13-9, all petitions of nomination shall be filed with the municipal clerk before 4 p.m. of the 57th day before the day of the regular municipal election.
c. Notwithstanding the provisions of R.S.19:13-5, the petition of nomination that must be filed by each candidate shall consist of individual certificates, equal in number to at least one percent of the total number of individuals registered to vote in the municipality at the time of the immediately preceding general election, but in no event fewer than five registered voters of the municipality or the ward, as the case may be. Each individual certificate shall read substantially as follows:
"I, the undersigned, a registered voter of the municipality of .............., residing at ..................................... certify that I dohereby join in a petition of the nomination of .................................. whose residence is at .................................................. for the office of mayor (or councilman-at-large, or ward councilman of the ............ ward, or commissioner, as the case may be) to be voted for at the election to be held in the municipality on the ............, 20......., and I further certify that I know this candidate to be a registered voter, for the period required by law, of the municipality (and the ward, in the case of ward councilman) and qualified, in my judgment, to perform the duties of the office, and I further certify that I have not signed more petitions or certificates of nomination than there are places to be filled for the above office.
Signed ......................................................... ."
d. The municipal clerk shall furnish, upon request, a reasonable number of forms of individual certificates of nomination.
e. Each petition signature shall be on a separate sheet of paper and shall bear the name and address of the petitioner. The candidate for office and the campaign manager of the candidate shall make an oath before an officer competent to administer oaths that the statements made therein are true, and that each signature to the papers appended thereto is the genuine signature of the person whose name it purports to be, to their best knowledge and belief. The oath, signed by the candidate, shall constitute the candidate's acceptance of nomination and shall be annexed to the petition, together with the oath of the candidate's campaign manager, at the time the petition is submitted.
f. Each certificate shall contain the name of one candidate and no more. No petition shall be used to nominate more than one candidate. No person signing a certificate shall be permitted to sign more certificates for an office than there are places to be filled for the office. When ward councilmen are to be elected, no person signing a certificate shall sign more than one certificate for nominating a person to ward council and the candidate named in the petition shall reside in the same ward as the signer.
g. Each petition that is provided to a candidate by the municipal clerk shall contain the following notice: "Notice: All candidates are required by law to comply with the provisions of the 'New Jersey Campaign Contributions and Expenditures Reporting Act.' For further information, call (insert telephone number of the Election Law Enforcement Commission)."
h. When two or more persons bearing the same name are nominated for the same office, either person may file with the municipal clerk a statement in writing containing not more than six words as a means of identification. The statement or designation shall be printed on the official ballot to be used at the election.
i. A candidate whose petition of nomination or any affidavit thereto is defective may amend the petition or affidavit not later than the 49th day before the day of the election.
j. The municipal clerk shall immediately provide the Election Law Enforcement Commission with official certification of the filing or withdrawal of a petition of nomination.
3. (New section) Notwithstanding the provisions of R.S.19:13-4, any candidate whose name is to be printed on the ballot may petition the municipal clerk to print opposite the candidate's name on the ballot a designation of not more than six words that indicates either a policy or principle to which the candidate is committed. The designation shall not indicate political party affiliation. On receipt of the filing, the municipal clerk shall cause the designation to be printed opposite the name of the candidate on the ballot. If several candidates for the same office petition to have their names grouped together and request the one designation named by them be printed opposite their names, the municipal clerk shall group their names in a bracket and opposite the bracket print the designation. Petitions requesting a designation or grouping of candidates shall be filed with the municipal clerk on or before the last day fixed for filing the petitions for nomination. If two candidates or groups select the same designation, the municipal clerk shall notify the candidate or group whose petition was last filed, and that candidate or group shall select a new designation.
4. (New section) A candidate may withdraw as a candidate in a regular municipal election by filing a notice in writing, signed by the candidate, of such withdrawal with the municipal clerk before the 46th day before the day of the election and thereupon the name of the candidate shall be withdrawn by the clerk and not printed on the ballot for the election.
5. (New section) No person shall accept nomination for election for more than one municipal office to be voted for at a regular municipal election held pursuant to P.L. , c. (C. ) (pending before the Legislature as this bill).
6. (New section) Notwithstanding the provisions of R.S.19:14-12, the position of the names of the candidates or bracketed groups of candidates on the regular municipal election ballot shall be determined by the municipal clerk by conducting a drawing in the following manner:
a. The drawing shall be done by the municipal clerk nine working days following the last day for filing petitions of nomination for such candidates. The person making the drawing shall announce publicly the name of each candidate or bracketed group, the order in which the name or bracketed group is drawn and the term or office for which the drawing is made.
b. The name of the candidate or bracketed groups of candidates for whom petitions have been filed for each of the terms or offices shall be written upon paper cards which shall be placed in a covered box with an aperture in the top large enough to admit a person's hand and to allow the cards to be drawn. The box shall be turned and shaken thoroughly to mix the cards and they shall be withdrawn one at a time.
c. The name of the candidate or bracketed group of candidates for each term or office first drawn from the box shall be printed directly below the title of the office for which they were nominated, and the name of the candidate or bracketed group of candidates next drawn shall be printed next in order, and so on, until the name of the last candidate or bracketed group of candidates has been drawn from the box.
d. The municipal clerk shall notify each candidate or bracketed group by registered mail at least two days before the drawing of the time and place thereof. The candidate or bracketed group or the representative thereof shall have the right to examine the paper slips before they are placed in the covered box.
7. (New section) a. The ballot for a regular municipal election shall be a single or blanket form of ballot, on which shall be printed in bold-faced type the words "OFFICIAL MUNICIPAL ELECTION BALLOT." Any public question which is to be submitted to the voters at a regular municipal election shall be printed in a separate space above or below the listing of the candidates in the election, as the municipal clerk shall determine.
b. On the ballots shall be printed the title of each office to be filled. Below the title of the office to be filled shall be stated the term of the office and the number of positions to be filled at the election. Under each of the titles of office shall be printed the names of the candidates for each office, together with the designation requested by the candidate or a group of candidates.
c. The municipal clerk shall be responsible for the printing of the ballots and they shall be authenticated by the clerk's signature where required pursuant to this Title.
8. (New section) No later than the 10th day following the day of the drawing for positions on the ballot, the municipal clerk shall arrange to have the names of the candidates as they appear on the ballot to be published once in each of two newspapers circulating within the municipality and published in this State. The form of the notice shall, in all other respects, conform to the provisions of R.S.19:12-7 as it pertains to notices published before a general election.
9. (New section) a. The procedures for the appointment of challengers to serve at a regular municipal election shall be the same as those provided in R.S.19:7-1 et seq. for all other elections, except that any group of two or more candidates who have petitioned to have their names grouped together on the ballot of a regular municipal election shall be permitted to appoint no more than two challengers for each election district in which the candidates are to be voted for at that election.
b. The name and address of each challenger, including a candidate acting as a challenger or a challenger representing a grouping of two or more candidates, together with the number or name and location of the polling place at which the challenger is to serve, shall be filed not later than the fifth day preceding the day of the election with the municipal clerk where the election is to occur.
c. Each challenger, including a candidate acting as a challenger or a challenger representing a grouping of two or more candidates, shall wear a badge or mark of identification designating that person as a challenger. The badge or mark of identification shall be furnished by the candidate or the group of candidates that the challenger represents.
d. Each challenger, including a candidate acting as a challenger or a challenger representing a grouping of two or more candidates, shall have all of the powers of challengers serving at other elections, as provided for in R.S.19:7-5 and by Chapter 15 of this Title.
e. Any voter whose name does not appear on a challenge list prepared for the regular municipal election but who is challenged as not qualified or entitled to vote by a challenger duly appointed pursuant to this section shall be entitled to the rights and protections provided by P.L.1991, c.247 (C.19:15-18.1 et seq.) and every other applicable section of this Title.
10. (New section) a. The municipal clerk shall cause samples of the official regular municipal election ballot to be printed in the same manner as prescribed for the printing of sample ballots for the general election by R.S.19:14-21.
b. In counties not having a superintendent of elections where the county board of elections does not have the equipment or facilities to address and mail sample ballot envelopes, the delivery of such sample ballots for mailing, issuance of a receipt for such delivery, and the mailing of sample ballots shall be effected in the same manner as prescribed for the sample ballot for the general election under subsection a. of R.S.19:14-21; and in counties having a superintendent of elections and in other counties where the county board of elections may have such equipment or facilities, the delivery of ballots for mailing, issuance of a receipt for such delivery, and the mailing of sample ballots shall be effected in the same manner as prescribed for the sample ballot for the general election under subsection b. of R.S.19:14-21.
c. The municipal clerk shall have sample ballots for all regular municipal elections printed so that when folded, the words "Official Municipal Election Sample Ballot" appear on the reverse side thereof together with the words "In cases where the sample ballot is to be sent to an addressee who does not receive mail by delivery to the addressee's home or through rural free delivery if not delivered within 5 days return to the commissioner of registration and in all other cases if not delivered within two days return to the commissioner of registration. Do Not Forward. Return Postage Guaranteed." over the return address of the commissioner of registration. Such portion of the ballot may contain additional words that conform with United States Postal regulations that will prevent the envelope from being forwarded to the voter at any other address than that appearing on the envelope and that will cause such envelope to be returned to the commissioner of registration, with information thereon from the post office showing the reason for nondelivery.
d. All sample ballots prepared for a regular municipal election shall be deposited in the post office on or before 12 noon on the Wednesday preceding the day of the election.
11. (New section) On or before the fifth the day following the day of the regular municipal election, the municipal clerk shall canvass all returns received from the election districts and shall file the result thereof in the municipal clerk's office. The canvass by the municipal clerk shall be made publicly.
The municipal clerk shall, for the purpose of determining the result of the election, add to the total number of votes received by each candidate or public question in the election the canvass of absentee ballots, if any, provided by the county board of election pursuant to section 31 of P.L.1953, c.211 (C.19:57-31) and the canvass of provisional ballots, if any, provided by the county board pursuant to section 19 of P.L.1999, c.232 (C.19:53C-13).
12. (New section) The candidates receiving the greatest number of votes cast shall be considered elected to the respective offices. Except as otherwise provided by law, the term of office of any officer elected pursuant to P.L. , c. (C. ) (pending before the Legislature as this bill) shall begin on the July 1 next following the election.
13. (New section) Notwithstanding the provisions of section 12 of P.L. , c. (C. ) (pending before the Legislature as this bill), if the voters of any municipality shall adopt the proposition of holding run-off elections in the municipality, either before or after May 2, 1990, at the regular municipal election held in that municipality the candidates receiving the greatest number and a majority of votes cast shall be elected to the respective offices, except that if:
a. Nine council members-at-large (or commissioners, or village trustees) are to be elected and four or more candidates for that office receive a majority of the votes cast, the nine candidates receiving the greatest number of votes shall be elected; or
b. Eight council members-at-large (or commissioners, or village trustees) are to be elected and four or more candidates for that office receive a majority of the votes cast, the eight candidates receiving the greatest number of votes shall be elected; or
c. Seven council members-at-large (or commissioners, or village trustees) are to be elected and three or more candidates for that office receive a majority of the votes cast, the seven candidates receiving the greatest number of votes shall be elected; or
d. Six council members-at-large (or commissioners, or village trustees) are to be elected and three or more candidates for that office receive a majority of the votes cast, the six candidates receiving the greatest number of votes shall be elected; or
e. Five council members-at-large (or commissioners, or village trustees) are to be elected and two or more candidates for that office receive a majority of the votes cast, the five candidates receiving the greatest number of votes shall be elected; or
f. Four council members-at-large (or commissioners, or village trustees) are to be elected and two or more candidates for that office receive a majority of the votes cast, the four candidates receiving the greatest number of votes shall be elected; or
g. Three council members-at-large (or commissioners, or village trustees) are to be elected and one or more candidates for that office receive a majority of the votes cast, the three candidates receiving the greatest number of votes shall be elected; or
h. Two council members-at-large (or commissioners, or village trustees) are to be elected and one or more candidates for that office receive a majority of the votes cast, the two candidates receiving the greatest number of votes shall be elected.
For the purpose of this section, the number constituting a majority of the votes cast shall be computed by dividing by two the number of voters who cast a vote for at least one candidate for council member-at-large (or commissioner, or village trustee) and then adding one. Voting machines to be used in the election shall be equipped with one or more counters so connected as to keep a tally of the number of voters who cast votes for one or more of the candidates for council member-at-large (or commissioner, or village trustee). Whenever the tally of the number of voters cannot be determined for any reason, then the number constituting the majority of the votes cast shall be computed by adding all the votes cast for each candidate for that office, dividing that total by twice the number of council member-at-large (or commissioners, or village trustees) to be elected and then adding one.
14. (New section) In any regular municipal election held under section 13 of P.L. , c. (C. ), (pending before the Legislature as this bill) if a sufficient number of candidates do not receive a majority of the votes cast to elect the required number of council members-at-large (or commissioners, or village trustees) or no candidate for mayor or no candidate for ward council member receives a majority of the votes cast for the candidate's respective office, a run-off election in the municipality or ward, as the case may be, shall be held on the fourth Tuesday next following that municipal election, unless in any year that Tuesday shall be the date upon which a primary election shall be held, in which case the run-off election shall be held on the fifth Tuesday next following the municipal election.
At the run-off election, the candidates for council member-at-large (or commissioner, or village trustee) shall be those candidates not elected at the regular municipal election who received the greatest number of votes at that election, but the candidates shall be equal in number to twice the number of council members-at-large (or commissioners, or village trustees) remaining to be elected. The candidates for mayor or ward council members at the run-off election shall be the two candidates for the office who received the greatest number of votes at the regular municipal election. Military service ballots shall be printed and distributed for the run-off election in the same manner, so far as possible, as for other municipal elections.
The candidate or candidates who receive the greatest number of votes at the run-off election shall be elected to the office or offices to be filled. If two or more candidates shall be equal and greatest in votes for any of the purposes of this section, they shall draw lots to determine which one shall enter the run-off election, or be elected, as the case may be.
If any candidate to be voted for at the run-off election dies seven or more days before the run-off election, the candidate for the office not previously included in the run-off election, but next highest in number of votes for that purpose, shall be substituted at the run-off election in the place of the deceased candidate and the name of the candidate with the next highest number of votes shall be substituted on the ballots for that of the deceased candidate.
15. (New section) Any municipality in which immediately before January 1, 1982, run-off elections were required to be held pursuant to the plan or form of government, or charter, of the municipality shall, on and after January 1, 1982, be governed by the provisions of sections 13 and 14 of P.L. , c. (C. ) (pending before the Legislature as this bill) for so long as it continues to be governed by that plan or form of government, or that charter, except as provided in section 16 of P.L. , c. (C. ) (pending before the Legislature as this act).
16. (New section) a. Any municipality governed by the provisions of P.L. , c. (C. ) (pending before the Legislature as this bill), but not by the provisions of sections 13 and 14 thereof may, by referendum, adopt the provisions of those sections. Any municipality governed by the provisions of that act and by the provisions of sections 13 and 14 may, by referendum, abandon the provisions of those sections and continue to be governed by the provisions of P.L. , c. (C. ) (pending before the Legislature as this bill). The question of adopting, or of abandoning, those provisions may be submitted to the voters either by ordinance of the governing body or by petition of the registered voters. Any ordinance adopted, or each petition paper submitted, for the purpose shall state the proposition that run-off elections be held in the municipality; or, in the case of abandonment, that run-off elections not be held in the municipality.
b. Upon adoption by the governing body of an ordinance conforming with the provisions of this section, the municipal clerk shall provide for the submission of the question at the next general election or regular municipal election occurring in the municipality not less than 60 days after the date of the adoption of the ordinance.
c. Any petition submitted by the registered voters pursuant to this section shall be signed by the registered voters of the municipality in a number at least equal to 10 percent of the total votes cast in the municipality at the last preceding general election at which members of the General Assembly were elected. The petition shall be filed with the clerk of the municipality who shall ascertain and certify upon filing the number and validity of the signatures affixed thereto. If the petition is determined to be insufficient, the person designated in the petition for the purpose shall have 10 days from the notification of insufficiency to file a supplementary petition designed to rectify the insufficiency, which shall be in the same form and shall be filed in the same manner as the original petition. If no supplementary petition is filed within 10 days after notification, or if the clerk shall examine the supplementary petition and determine that an insufficiency still exists, the clerk shall file a certificate of insufficiency in the clerk's office and notify the designated person of the insufficiency. A finding of insufficiency shall not prejudice the filing of a new petition for the same purpose.
If the petition is determined to be sufficient, the clerk shall so certify, shall transmit a certified copy to the governing body of the municipality, and shall provide for the submission of the question at the next general election or regular municipal election occurring in the municipality not less than 60 days after the date of certification.
d. At the election, the question shall be submitted in the appropriate form as follows:
(1) If the ordinance or
petition proposes the holding of run-off elections in the municipality, the
question shall be posed: "Shall
run-off elections be held in (insert name of municipality) as permitted by
P.L. , c. ?"
(2) If the ordinance or petition proposes the abandonment of run-off elections in the municipality, the question shall be posed: "Shall (insert name of municipality) abandon the holding of run-off elections as permitted by P.L. , c. ?"
e. The question submitted pursuant to subsection d. of this section shall be approved if a majority of those voting on the question shall vote in favor of the question, and shall take effect for the next regular municipal election held in the municipality and thereafter.
f. No ordinance may be adopted and no petition may be filed proposing the adoption of the provisions of sections 13 and 14 of P.L. , c. (C. ) (pending before the Legislature as this bill), or the abandonment of the provisions of those sections, within four years after the date on which the municipality initially adopted a plan or form of government, or charter, requiring the holding of run-off elections in the municipality, or within four years after the date on which a question was last submitted to the voters pursuant to subsection d. of this section.
17. R.S.19:1-1 is amended to read as follows:
19:1-1. As used in this Title:
"Election" means the procedure whereby the electors of this State or any political subdivision thereof elect persons to fill public office or pass on public questions.
"General election" means the annual election to be held on the first Tuesday after the first Monday in November.
"Primary election for the general election" means the procedure whereby the members of a political party in this State or any political subdivision thereof nominate candidates to be voted for at general elections, or elect persons to fill party offices.
"Municipal election" means an election to be held in and for a single municipality only, at regular intervals and includes the regular municipal election, unless otherwise noted.
"Regular municipal election" means an election held in a single municipality pursuant to chapters 69A, 70 through 76, and 79 through 85 of Title 40 of the Revised Statutes, or any other plan or form of government or charter that provides for the holding of municipal elections on the second Tuesday in May.
"Special election" means an election which is not provided for by law to be held at stated intervals.
"Any election" includes all primary, general, municipal, school and special elections, as defined herein.
"Municipality" includes any city, town, borough, village, or township.
"School election" means any annual or special election to be held in and for a local or regional school district established pursuant to chapter 8 or chapter 13 of Title 18A of the New Jersey Statutes.
"Public office" includes any office in the government of this State or any of its political subdivisions filled at elections by the electors of the State or political subdivision.
"Public question" includes any question, proposition or referendum required by the legislative or governing body of this State or any of its political subdivisions to be submitted by referendum procedure to the voters of the State or political subdivision for decision at elections.
"Political party" means a party which, at the election held for all of the members of the General Assembly next preceding the holding of any primary election held pursuant to this Title, polled for members of the General Assembly at least 10% of the total vote cast in this State.
"Party office" means the office of delegate or alternate to the national convention of a political party or member of the State, county or municipal committees of a political party.
"Masculine" includes the feminine, and the masculine pronoun wherever used in this Title shall be construed to include the feminine.
"Presidential year" means the year in which electors of President and Vice-President of the United States are voted for at the general election.
"Election district" means the territory within which or for which there is a polling place or room for all voters in the territory to cast their ballots at any election.
"District board" means the district board of registry and election in an election district.
"County board" means the county board of elections in a county.
"Superintendent" means the superintendent of elections in counties wherein the same shall have been appointed.
"Commissioner" means the commissioner of registration in counties.
"File" or "filed" means deposited in the regularly maintained office of the public official wherever said regularly maintained office is designated by statute, ordinance or resolution.
(cf: P.L.2011, c.134, s.1.)
18. R.S.19:6-12 is amended to read as follows:
19:6-12. The office of a member of a district board in an election district shall be deemed vacant upon such member becoming a candidate for an office to be voted upon at any primary, general election, school election, regular municipal or special election for which he was appointed to serve, such candidacy to be determined by the filing of a petition of nomination, duly accepted by such member, in the manner provided by law. The municipal or county clerk with whom such petition and acceptance may be filed shall forthwith notify the county board of the county in which such election district is located, giving the name and residence of the member of the district board who has thus become a candidate, and the vacancy shall be filled as provided by law.
(cf: P.L.1995, c.278, s.15)
19. Section 14 of P.L.1995, c.105 (C.19:27A-14) is amended to read as follows:
14. A recall election shall be conducted in accordance with the provisions of Title 19 of the Revised Statutes which apply to all elections, except that in the case of an election to recall a member of the [governing body of a municipality operating under the provisions of the "Uniform Nonpartisan Elections Law," P.L.1981, c.379 (C.40:45-5 et al.), or a member of the] school board in a Type II school district, or any other elected official elected under the provisions of another title, the election shall be conducted in accordance with the appropriate provisions of that other title to the extent not inconsistent with the provisions of this act.
Notwithstanding the provisions of any other law to the contrary, for any election at which the question of the recall of an elected official is submitted to the voters, the county clerk or other appropriate officer shall cause samples of the entire ballot to be voted upon at that election to be printed and distributed to the voters of the jurisdiction wherein the recall election is to be held in the same manner as prescribed for the printing and distribution of sample ballots at the general election as provided by article 2 of chapter 14 of Title 19 of the Revised Statutes, except that in the case of an election other than the general election, any period of time calculated under the provisions of that article from the date of the general election shall be calculated instead from the date on which such other election is to be held.
(cf: P.L.1995, c.105, s.14)
20. Section 1 of P.L.1945, c.59 (C.19:48-3.15) is amended to read as follows:
1. As used in this act--
"Municipal election" means an election to be held in and for a single municipality only, at regular intervals and includes the regular municipal election, unless otherwise noted;
"Regular municipal election" means an election held in a single municipality pursuant to chapters 69A, 70 through 76, and 79 through 85 of Title 40 of the Revised Statutes, or any other plan or form of government or charter that provides for the holding of municipal elections on the second Tuesday in May; and
"Pertinent equipment" means channels, rollers, compensators, lockouts, pins and shutters used in connection with voting machines.
(cf: P.L.1945, c.59, s.1)
21. R.S.40:45-1 is amended to read as follows:
40:45-1. Except as hereinafter provided in [section 40:45-2 of this title] P.L. , c. (C. ) (pending before the Legislature as this bill), all municipal or charter elections shall be held and all officers required to be elected in any municipality, except officers first elected in newly created municipalities, shall be voted for and elected on the first Tuesday after the first Monday in November in each year, and with the same registration and upon the same official ballots required by law for the election of state and county officers. The ballots so voted shall be canvassed and the result of any such election shall be determined as provided by law in the case of county officials, and certified to the clerks of the respective municipalities; it being the intention hereby to consolidate the municipal or charter elections in municipalities with the general or state elections.
(cf: R.S.40:45-1)
22. R.S.40:45-2 is amended to read as follows:
40:45-2. Nothing in this article shall apply to elections of commissioners in municipalities governed by the provisions of subtitle four of this Title ([s.] R.S.40:70-1 et seq.), or to the election of [councilmen] council members in municipalities governed by the provisions of subtitle five of this Title ([s.] R.S.40:79-1 et seq.), or to the election of municipal officers in those municipalities governed by the provisions of the optional municipal charter law for which a different date for the holding of municipal elections is provided by [that law] P.L. , c. (C. ) (pending before the Legislature as this bill), or to the election of commissioners in municipalities the boundaries of which are not coterminous or coextensive with the boundaries of the township of which they are a part, and whose elective or appointive officers are not authorized by law to assess and collect taxes, or to elections in any village in which elections are provided by law to be held at another time, nor shall it apply to any member of any board of education or school trustee.
(cf: P.L.1950, c.212, s.1)
23. Section 17-1 of P.L.1950, c.210 (C.40:69A-150) is amended to read as follows:
17-1. Regular municipal elections shall be held in each municipality on the second Tuesday in May, or on the day of the general election in November if chosen by the municipality pursuant to subsection a. of section 1 of P.L.2009, c.196 (C.40:45-7.1), in the years in which municipal officers are to be elected, where the election of such officers is not provided to be at the general election. Regular municipal elections shall be conducted pursuant to [the "Uniform Nonpartisan Elections Law," P.L.1981, c.379 (C.40:45-5 et seq. )] P.L. , c. (C. ) (pending before the Legislature as this bill).
(cf: P.L.2009, c.196, s.9)
24. R.S.40:75-1 is amended to read as follows:
40:75-1. The members of the first commission shall be elected, at an election to be held on the fifth Tuesday following the adoption of chapters 70 to 76 of this title (R.S.40:70-1 et seq.), by the duly authorized voters of the municipality and shall serve as commissioners from twelve o'clock noon on the first Tuesday following their election until twelve o'clock noon on the third Tuesday in May in the fourth year following such election and until their successors are elected and shall have duly qualified. The election shall be conducted pursuant to [the "Uniform Nonpartisan Elections Law," P.L.1981, c.379 (C. 40:45-5 et seq.)] P.L. , c. (C. ) (pending before the Legislature as this bill).
(cf: P.L.1983, c.183, s.1)
25. R.S.40:75-2 is amended to read as follows:
40:75-2. On the second Tuesday in May in every fourth year thereafter there shall be elected at a regular municipal election held pursuant to [the "Uniform Nonpartisan Elections Law," P.L.1981, c.379 (C.40:45-5 et seq.)] P.L. , c. (C. ) (pending before the Legislature as this bill), the number of persons as hereinbefore provided as commissioners to serve for the term of [4] four years and until their successors shall have been elected and duly qualified. The term of office of all succeeding commissioners shall commence at twelve o'clock noon on the third Tuesday of May next ensuing their election.
If the election is held on the day of the general election in November pursuant to subsection a. of section 1 of P.L.2009, c.196 (C.40:45-7.1), the term of office of commissioners elected shall commence at twelve o'clock noon on January 1 next following their election.
(cf: P.L.2009, c.196, s.11)
26. R.S.40:81-4 is amended to read as follows:
40:81-4. The members of the first commission shall be elected, at an election to be held on the fifth Tuesday following the adoption of chapters 70 to 76 of this title (R.S.40:70-1 et seq.), by the duly authorized voters of the municipality and shall serve as commissioners from twelve o'clock noon on the first Tuesday following their election until twelve o'clock noon on the third Tuesday in May in the fourth year following such election and until their successors are elected and shall have duly qualified. The election shall be conducted pursuant to [the "Uniform Nonpartisan Elections Law," P.L.1981, c.379 (C.40:45-5 et seq.)] P.L. , c. (C. ) (pending before the Legislature as this bill).
(cf: P.L.1981, c.379, s.21)
27. R.S.40:81-5 is amended to read as follows:
40:81-5. Except as otherwise provided by referendum of the voters, on the second Tuesday of May of the fourth year following such first election and on the second Tuesday of May of every fourth year thereafter, there shall be elected the number of electors hereinbefore prescribed of like qualifications to serve as members of the municipal council for the term of [4] years and until their successors shall have been elected and duly qualified or unless their places become vacant. The term of office of [councilmen] subsequently elected shall commence on July 1 next ensuing their election at 12 o'clock noon. Elections shall be conducted pursuant to [the "Uniform Nonpartisan Elections Law," P.L.1981, c.379 (C.40:45-5 et al.)] P.L. , c. (C. ) (pending before the Legislature as this bill).
If the election is held on the day of the general election in November pursuant to subsection a. of section 1 of P.L.2009, c.196 (C.40:45-7.1), the term of office of councilmen elected shall commence at 12 o'clock noon on January 1 next following their election.
(cf: P.L.2009, c.196, s.12)
28. R.S.40:84-2 is amended to read as follows:
40:84-2. The first municipal election for [councilmen] council members shall be held on the fourth Tuesday after the adoption of this subtitle and thereafter an election shall be held on the second Tuesday in May or on the day of the general election in November if chosen by the municipality pursuant to subsection a. of section 1 of P.L.2009, c.196 (C.40:45-7.1) in the fourth succeeding year and in each fourth year thereafter. Elections shall be conducted pursuant to [the "Uniform Nonpartisan Elections Law," P.L.1981, c.381 (C. 40:45-5 et seq.)] P.L. , c. (C. ) (pending before the Legislature as this bill).
(cf: P.L.2009, c.196 s.13)
29. R.S.40:84-11 is amended to read as follows:
40:84-11. In cases provided for in this article the municipal election to be held in accordance with [the "Uniform Nonpartisan Elections Law," P.L.1981, c.379 (C. 40:45-5 et seq.)] P.L. , c. (C. ) (pending before the Legislature as this bill) shall be held on the second Tuesday in May or on the day of the general election in November if chosen by the municipality pursuant to subsection a. of section 1 of P.L.2009, c.196 (C.40:45-7.1) in each year, and the number of persons to be elected at municipal elections shall be equal to the number of vacancies which are then to be filled, and the terms of office of the persons so elected shall be [3] three years and until their successors are elected and qualified.
(cf: P.L.2009, c.196, s.14)
30. The following sections are repealed:
P.L.1981, c.379, ss.1-17 (C.40:45-5 to 40:45-21); and
P.L.1991, c.61, s.1 (C.40:45-10.1).
31. This act shall take effect on January 1 next following enactment.
STATEMENT
The purpose of this bill is to consolidate in Title 19 of the Revised Statutes the current procedures for conducting nonpartisan municipal elections in those municipalities that do not hold municipal elections at the general election.
The bill removes from Title 40 and puts into Title 19 all of the elections procedures that are unique to the holding of nonpartisan municipal elections in May, including provisions for run-off elections under certain circumstances.
