Bill Text: NJ S2455 | 2010-2011 | Regular Session | Introduced
Bill Title: Establishes pilot program suspending operations of superintendent and deputy superintendent of elections in certain second class counties. *
Spectrum: Bipartisan Bill
Status: (Introduced - Dead) 2011-12-15 - Reported from Senate Committee, 2nd Reading [S2455 Detail]
Download: New_Jersey-2010-S2455-Introduced.html
Sponsored by:
Senator DONALD NORCROSS
District 5 (Camden and Gloucester)
SYNOPSIS
Permits abolition of offices of superintendent or deputy superintendent of elections, or both; transfers powers and duties thereof to county commissioner of registration or county board of elections.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning the offices of superintendent of elections and deputy superintendent of elections in those counties with such officials, and amending and supplementing chapter 32 of Title 19 of the Revised Statutes.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. R.S.19:32-1 is amended to read as follows:
19:32-1. a. The office of superintendent of elections in counties of the first class in which such office has previously been established is continued, and in those counties of the first class in which such office has not been previously established, is established. The offices shall be filled by some suitable persons who shall be nominated by the Governor with the advice and consent of the Senate and who shall hold office for the term of five years from the date of appointment and until their successors are appointed and have qualified. Each superintendent shall receive such salary per annum as the governing body of such county may by resolution authorize, but not less than $7,500, to be paid by the county treasurer. The persons so appointed shall have their offices in the counties for which they are appointed. Vacancies shall be filled in the same manner as original appointments, but shall be for the unexpired terms only. Any person filling a vacancy shall be from the same party as the original appointee. The annual salary of each deputy superintendent shall be 90% of what the superintendent receives for performing the duties of superintendent of elections and commissioner of registration.
b. Following the effective date of P.L. , c. (C. )(pending before the Legislature as this bill), the governing body of a county of the first class may, by ordinance, vote to abolish the powers and duties of the superintendent of elections of the county and have such powers and duties transferred to and assumed by the county commissioner of registration or county board of elections, as may be appropriate and provided by the ordinance. In those counties of the first class that vote to abolish the office of the superintendent of elections, the office of the duty superintendent shall be abolished at the same time and be part of the same ordinance. The transfer of the powers and duties of the superintendent and deputy to the county commissioner of registration or county board of elections shall be completed no later than the 365th day following the adoption of the ordinance by the county's governing body.
Whenever such an ordinance is adopted by a county, in any law, rule, regulation, contract, document, judicial or administrative proceeding or otherwise in which reference is made to the superintendent or deputy superintendent of elections, or both as the case may be, concerning functions, powers and duties that had been vested therein prior to the adoption and transfer, the same shall mean and refer to the commissioner of registration or the county board of elections, as may be appropriate.
Once a county's governing body has adopted an ordinance to abolish the superintendent or deputy superintendent of elections, or both as the case may be, and transfer the powers and duties thereof, it shall not be permitted to re-establish the offices and return those powers and duties until: (1) at least 10 years have passed since the adoption of the ordinance abolishing the offices and transferring the powers and duties thereof; and (2) a new ordinance providing for the creation of the superintendent or deputy superintendent of elections, or both as the case may be, and the return of the powers and duties thereof is adopted by ordinance of the county's governing body.
(cf: P.L.1998, c.91, s.1)
2. Section 1 of P.L.1982, c.46 (C.19:32-1.1) is amended to read as follows:
1. a. The office of deputy superintendent of elections in counties of the first class is established. The office in each county shall be filled by a suitable person who shall be nominated by the Governor with the advice and consent of the Senate, who shall not be from the same political party as the superintendent of elections, and who shall hold office for a term of 5 years, running concurrently with the term of the superintendent and until his successor is appointed and has qualified. The initial appointment to the office of deputy superintendent of elections may be for a partial term, if necessary. Vacancies shall be filled in the same manner as original appointments but shall be for the unexpired term only. He shall have his office in the county for which he is appointed.
b. Following the effective date of P.L. , c. (C. )(pending before the Legislature as this bill), the governing body of a county of the first class may, by ordinance, vote to abolish the powers and duties of the deputy superintendent of elections of the county and have such powers and duties transferred to and assumed by the county commissioner of registration or county board of elections, as may be appropriate and provided by the ordinance. The abolition of the office of deputy superintendent of elections shall be separate from the abolition of the office of superintendent of elections unless otherwise provided by the ordinance requiring the abolition of the office of the superintendent. The transfer of the powers and duties of the deputy superintendent to the county commissioner of registration or county board of elections shall be completed no later than the 365th day following the adoption of the ordinance by the county's governing body.
Whenever such an ordinance is adopted by a county, in any law, rule, regulation, contract, document, judicial or administrative proceeding or otherwise in which reference is made to the deputy superintendent of elections concerning functions, powers and duties that had been vested therein prior to the adoption and transfer, the same shall mean and refer to the commissioner of registration or the county board of elections, as may be appropriate.
Once a county's governing body has adopted an ordinance to abolish the deputy superintendent of elections and transfer the powers and duties thereof, it shall not be permitted to re-establish the office and return those powers and duties until: (1) at least 10 years have passed since the adoption of the ordinance abolishing the office and transferring the powers and duties thereof; and (2) a new ordinance providing for the creation of the deputy superintendent of elections and the return of the powers and duties thereof is adopted by ordinance of the county's governing body.
(cf: P.L.1982, c.46, s.1)
3. Section 1 of P.L.1947, c.167 (C.19:32-26) is amended to read as follows:
1. In any county of the second class and in any county of the fifth class, the governing body may establish, by ordinance or resolution, as appropriate, the office of superintendent of elections for the county, and said office when once established shall not be altered or abolished, except as provided in section 4 of P.L. , c. (C. )(pending before the Legislature as this bill).
The governing body shall file a certified copy of such ordinance or resolution, attested by the chief elected executive officer or director of the board of freeholders, if appropriate and clerk of the board, in the office of the Secretary of State within 10 days after adoption, and the ordinance or resolution shall take effect at the expiration of 30 days after the next primary election for the general election, or the next general election, after adoption whichever shall occur first.
The office so established shall be filled by some suitable person who shall be nominated by the Governor with the advice and consent of the Senate for a term of five years from the date of his appointment and until his successor is appointed and shall have qualified. In the event that no such appointment to such office is made within 30 days following the taking effect of the ordinance or resolution, heretofore or hereafter adopted, of the governing body of the county, as herein provided, then the governing body of the county shall appoint some suitable person to fill such office for a term of five years from the date of appointment and until the successor of such person is in the same manner appointed and shall have qualified. The governing body shall file notice of such appointment in the office of the Secretary of State.
Each superintendent so appointed in a county of the fifth class shall receive a salary of not less than $4,000 nor more than $8,000 per annum and each superintendent so appointed in a county of the second class shall receive a salary in such amount, not less than $4,000 per annum, as shall be determined by the governing body of the county; such salaries shall be paid by the county treasurer and the superintendent shall have his office in the county for which he is appointed.
Any vacancy occurring in such office of superintendent of elections shall be filled in the same manner as the original appointment to such office was made, but for the unexpired term. Any person filling a vacancy shall be from the same political party as the original appointee.
(cf: P.L.1992, c.17, s.3)
4. (New section) Following the effective date of P.L. , c. (C. )(pending before the Legislature as this bill), the governing body of a county of the second class or a county of the fifth class may, by ordinance, vote to abolish the powers and duties of the superintendent of elections or the deputy superintendent of elections of the county, or both, and have such powers and duties transferred to and assumed by the county commissioner of registration or county board of elections, as may be appropriate and provided by the ordinance. In those counties of the second or fifth class with a superintendent of elections and a deputy superintendent of elections, the office of superintendent shall not be abolished without the abolition at the same time the office of deputy superintendent. However, the office of deputy superintendent of elections may be abolished without abolishing the office of superintendent of elections, if so provided by the ordinance. The transfer of the powers and duties of the superintendent or deputy superintendent, or both as the case may be, to the county commissioner of registration or county board of elections shall be completed no later than the 365th day following the adoption of the ordinance by the county's governing body.
The governing body shall file a certified copy of such ordinance, attested by the chief elected executive officer or director of the board of freeholders, if appropriate and clerk of the board, in the office of the Secretary of State within 10 days after adoption, and the ordinance shall take effect on the day after the filing.
Whenever such an ordinance is adopted by a county, in any law, rule, regulation contract, document, judicial or administrative proceeding or otherwise in which reference is made to the superintendent of elections or deputy superintendent of elections, or both as the case may be, concerning functions, powers and duties that had been vested therein prior to the adoption and transfer, the same shall mean and refer to the commissioner of registration or the county board of elections, as may be appropriate.
Once a county's governing body has adopted an ordinance to abolish the superintendent of elections or the deputy superintendent of elections, or both as the case may be, and transfer the powers and duties thereof, it shall not be permitted to re-establish the offices and return those powers and duties until: (1) at least 10 years have passed since the adoption of the ordinance abolishing the offices and transferring the powers and duties thereof; and (2) a new ordinance providing for the creation of the superintendent of elections or the deputy superintendent of elections, or both as the case may be, and the return of the powers and duties of each office is adopted by the county's governing body.
5. This act shall take effect on the 30th day following the day of enactment.
STATEMENT
This bill permits the governing body of a county of the first, second or fifth class to abolish, by ordinance, the offices of the superintendent of elections or deputy superintendent of elections, or both as the case may be, in such counties with these offices, and provides that the powers and duties of those offices would be transferred to and assumed by the county commissioner of registration or county board of elections, as may be appropriate and provided by the ordinance abolishing the offices and transferring the power and duties thereof. In those counties with a superintendent of elections and a deputy superintendent of elections, the office of superintendent could not be abolished without abolishing at the same time the office of deputy superintendent. However, the office of deputy superintendent of elections may be abolished without abolishing the office of superintendent of elections, if so provided by the ordinance.
The bill also provides that: 1) the transfer must be completed no later than the 365th day following the adoption of the ordinance by the county's governing body; 2) the governing body must file a certified copy of such ordinance, attested by the chief elected executive officer or director of the board of freeholders, if appropriate and clerk of the board, in the office of the Secretary of State within 10 days after adoption, and the ordinance takes effect on the day after the filing; 3) whenever such an ordinance is adopted, in any document or proceeding in which reference is made to the superintendent or deputy superintendent, or both as the case may be, concerning functions, powers and duties that had been vested therein prior to the adoption and transfer, the same is to mean and refer to the commissioner of registration or the county board of elections, as may be appropriate; and 4) once an ordinance has been adopted to abolish the superintendent or deputy superintendent, or both as the case may be, and transfer the powers and duties thereof, a county is not permitted to re-establish the offices and return those powers and duties until at least 10 years have passed since the adoption of the ordinance abolishing the offices and transferring the powers and duties thereof, and a new ordinance providing for the creation of the superintendent or deputy superintendent, or both as the case may be, and the return of the powers and duties of each office is adopted by the county's governing body.
At present, Bergen, Burlington, Camden, Essex, Hudson, Mercer, Monmouth, Morris and Passaic counties each have a superintendent and deputy superintendent. Under current law, the superintendent is responsible for: 1) serving as the commissioner of registration; 2) acting as the custodian of the county's voting machines; and 3) enforcing most of the election statutes in Title 19 of the Revised Statutes. The deputy superintendent assists the superintendent in the performance of these duties and serves as the superintendent in his or her absence.
In those counties without a superintendent or deputy superintendent, responsibility for conducting the activities of the superintendent and deputy superintendent is lodged with either the county commissioner of registration or the county board of elections. If this bill becomes law, the responsibilities of the superintendent and deputy in those nine counties which have such officials could be transferred to the county commissioner of registration or the board of elections.
