Bill Text: NJ S1423 | 2012-2013 | Regular Session | Introduced
Bill Title: Changes fire district election date from third Saturday in February to third Tuesday in April, the annual election day in type II school districts.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2012-02-06 - Introduced in the Senate, Referred to Senate State Government, Wagering, Tourism & Historic Preservation Committee [S1423 Detail]
Download: New_Jersey-2012-S1423-Introduced.html
Sponsored by:
Senator JAMES BEACH
District 6 (Burlington and Camden)
SYNOPSIS
Changes fire district election date from third Saturday in February to third Tuesday in April, the annual election day in type II school districts.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning fire district elections, amending P.L.1979, c.453, supplementing Title 19 of the Revised Statutes and repealing N.J.S.40A:14-71 through N.J.S.40A:14-78.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. (New section) a. An annual election shall be held in each fire district for the election of members of the board of fire commissioners on the third Tuesday in April. The initial election for a newly created fire district may take place on another date as the governing body of the municipality in which the fire district is located may specify under N.J.S.40A:14-70. The duly registered voters participating in the annual fire district election shall determine the amount of money to be raised within the district for the ensuing year and determine such other matters as may be required by law.
b. (1) The election shall be held at the same time and in the same location as the annual school election in each type II school district in those municipalities holding both fire district elections and annual school elections.
(2) The fire district elections in those municipalities that do not also hold annual school elections shall also occur on third Tuesday in April and their time, location and staffing by members of the district board of elections shall be the same as provided by P.L.1995, c.278 (C.19:60-1 et seq.). The layout of the ballot used in such an election on that day, the public notice of the election and all other election day procedures for the election shall be as provided by P.L.1995, c.278 (C.19:60-1 et seq.). All costs associated with holding a fire district election on the third Tuesday in April in those districts without an annual school election shall be paid for by the board of fire district commissioners in the district.
c. In those municipalities that hold both annual school elections and fire district elections:
(1) members of the district board of elections shall perform at the same time the duties of the district board for the fire district election and for the annual school election;
(2) newspaper notice about the day, and the location of the polling places for the election, as well as any public questions to be submitted to the voters, shall be the same as provided pursuant to R.S.19:7-12; and
(3) the same poll lists, voting machines and voting procedures shall be used for both elections.
d. The clerk of the board of fire district commissioners, not later that 10 o'clock of the 17th day preceding the annual fire district election, shall make, certify and forward to the clerk of the county where the fire district is located a statement in the form of a public question as to whether the amount of money to be raised in the district for the ensuing year is approved or disapproved and such other matters as may require the approval of the voters, pursuant to the provisions of P.L. , c. (C. ) (pending before the Legislature as this bill) or chapter 14 of Title 40A of the New Jersey Statutes.
2. (New section) Candidates for membership on the board shall be nominated by verified petitions and 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 Title 19 of the Revised Statutes. Notwithstanding the provisions of R.S.19:13-4, all petitions shall be in writing, addressed to the county clerk or the clerk of the board, as the case may be, 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 the candidate's qualification for office. The candidate's consent to the nomination shall be annexed to the petition and shall constitute the candidate's agreement to serve in the event of the candidate's 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 57 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.). For further information please call (insert telephone number of the Election Law Enforcement Commission)."
If a petition is found to be defective, either in form or substance, the county clerk or the clerk of the board, as the case may be, shall forthwith notify the candidate to cause it to be corrected before the petition is given consideration.
3. (New section) a. To the extent possible, whenever the fire district election and the annual school election are held in the same municipality on the same day, the same ballot shall be used for both such elections and the sample ballot required to be prepared pursuant to section 10 of P.L.1995, c.278 (C.19:60-10) shall be as nearly as possible a facsimile of that ballot.
b. The clerk of a board of fire district commissioners shall arrange the position of the names on the ballot used on the fire district portion of the ballot used at the election so that it features directions as to the number of candidates to be voted for and the name of each qualified candidate, without grouping, with placement of the candidates according to the alphabetical order of the candidates' surnames. Any public question which is to be submitted to the voters at the election shall be printed in a separate space below or to the right of, as the county clerk shall determine, the listing of candidates in the election.
c. For the portion of the ballot featuring candidates and questions pertaining to a fire district election, there shall be a clear separation in the body of the ballot by a marked-off space between candidates for election as member of a local or regional board of education and candidates for election as member of a board of fire district commissioners and there shall be no discernable alignment between the two sets of candidates. The voters shall be instructed how to indicate their choice of candidates and the number to be voted upon as follows: "To vote for any person whose name appears on this part of the ballot mark a cross (X), plus (+) or check ( ) adjacent to the name of such person." In the event that one or more persons are to be elected to membership for a full term and one or more persons are to be elected to fill an unexpired term, the ballots shall designate which of the candidates to be voted for shall be elected for a full term and which for an unexpired term. In all cases in which one or more persons are to be elected for an unexpired term, the ballots shall indicate the duration of that unexpired term.
4. (New section) All costs, charges and expenses, including the compensation of the members of the district boards and the compensation and expenses of the county board of elections, the county superintendent of elections, the clerk of the county, and the municipal clerks for any fire district election shall be paid jointly by the board of education of the school district and the board of fire commissioners of the district. All costs, charges and expenses submitted for payment shall be itemized and shall include the separate identification of costs to prepare, print and distribute sample ballots.
5. The term of office of
any fire district commissioner that expires at 12 o'clock noon on the first Tuesday in March of the year in which P.L. , c. (C. ) (pending before
the Legislature as this bill) takes effect shall be extended until the first
Tuesday in May of that same year. A candidate to fill the office of
commissioner that year shall be voted for at the third Tuesday in April and be
on the ballot of the annual school election in those
districts with such elections held that year and shall take office on the first
Tuesday in April next occurring thereafter.
6. Section 5 of P.L.1979, c.453 (C.40A:14-78.1) is amended to read as follows:
5. The fire commissioners of any fire district shall introduce and approve the annual budget not later than 60 days prior to the annual election held pursuant to [N.J.S. 40A:14-72] section 1 of P.L. , c. (C. ) (pending before the Legislature as this bill). The budget shall be introduced in writing at a meeting of the fire commissioners. Approval thereof shall constitute a first reading which may be by title, and the fire commissioners shall at that time fix the time and place for the holding of a public hearing upon the budget. Notice of the date, time, place and purpose of such public hearing, and of the time and place at which a copy of the approved budget shall be available to each person requesting it during the week preceding such public hearing, shall be advertised at least 10 days prior to such hearing in a newspaper having substantial circulation in the fire district.
(cf: P.L.1979, c.453, s.5)
7. Section 9 of P.L.1979, c.453 (C.40A:14-78.5) is amended to read as follows:
9. a. If at the annual election held pursuant to [N.J.S.40A:14-72] section 1 of P.L. , c. (C. ) (pending before the Legislature as this bill the question of finally adopting the budget is voted affirmatively upon by a majority of the legal voters voting in the election, the budget shall be considered finally adopted, and the board of fire commissioners shall certify the amount to be raised by taxation to support the district budget to the assessor of the municipality, pursuant to N.J.S.40A:14-79.
b. If at the annual election the question of finally adopting the budget is voted negatively upon by a majority of the legal voters voting in the election, the governing body of the municipality in which the fire district is located shall, by resolution of a majority of its full membership, within 30 days after the annual election and after a public hearing for which the legal voters of the fire district shall be given 5 days' advertised notice, and at which any interested person shall be heard, fix an annual budget for the fire district. The amount of each appropriation section of the budget so fixed shall not exceed the amount for each as previously voted upon at the annual election, except the appropriation for debt service which shall be included in the amount that is required to be paid. The governing body shall certify the amount to be raised by taxation to support the district budget as set forth in the final budget, to the assessor of the municipality, pursuant to N.J.S.40A:14-79.
c. Following the approval of a budget by the voters, the Director of the Division of Local Government Services in the Department of Community Affairs may approve a budget amendment to provide for the anticipation of revenue from a public or private funding source which was not known at the time the budget was approved, and the appropriation thereof, provided the amount of the appropriation does not exceed the amount of the revenue received.
(cf: P.L.2011, c.153)
8. N.J.S.40A:14-71 through N.J.S.40A:14-78, inclusive, are repealed.
9. This act shall take effect on January 1 next following the date of enactment.
STATEMENT
The purpose of this bill is to change the date for the election of fire district commissioners, in those municipalities with such officials, from the third Saturday in February to the third Tuesday in April, which is the date of the annual school election in type II school districts. Fire district elections will also occur on the third Tuesday in April in those municipalities that have such elections but are not type II school districts and have no annual school elections.
The bill repeals N.J.S.40A:14-73 through N.J.S.40A:14-78, inclusive, because these sections concern the form of the ballot for fire district elections, use of voting machines, polling hours and the manner of conducting such elections. These sections will no longer be needed if this bill is enacted because the election of fire district commissioners will occur simultaneously with the annual school election in those districts that hold such elections.
