Bill Text: NJ A1306 | 2010-2011 | Regular Session | Introduced
Bill Title: Provides for the election of school board members at November general election.
Spectrum: Bipartisan Bill
Status: (Introduced - Dead) 2010-01-12 - Introduced, Referred to Assembly Education Committee [A1306 Detail]
Download: New_Jersey-2010-A1306-Introduced.html
STATE OF NEW JERSEY
214th LEGISLATURE
PRE-FILED FOR INTRODUCTION IN THE 2010 SESSION
Sponsored by:
Assemblyman DAVID W. WOLFE
District 10 (Monmouth and Ocean)
Assemblywoman JOAN M. VOSS
District 38 (Bergen)
SYNOPSIS
Provides for the election of school board members at November general election.
CURRENT VERSION OF TEXT
Introduced Pending Technical Review by Legislative Counsel
An Act concerning the election of school board members and amending and supplementing various parts of the statutory law.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. Section 15 of P.L.1987, c.399 (C.18A:7A-48) is amended to read as follows:
15. a. At the [April] November school election in the fourth full academic year following the creation of a State-operated school district, nine board members shall be elected from among the 15 appointed board members, three to serve a one-year term, three to serve a two-year term, and three to serve a three-year term. If there are not nine members from the 15 appointed members who are willing to run for election, the commissioner shall retain the right to appoint the remaining members of the board. In each subsequent year, board members shall be elected from the community at large.
b. Beginning in the second year of State operation, the State district superintendent shall bring matters of curriculum before the board and may bring other matters before the board for a vote. Beginning in the third year of State operation, the State district superintendent shall bring legal matters before the board for a vote. Beginning in the fourth year of State operation, the State district superintendent shall bring fiscal matters before the board for a vote. However, the State district superintendent shall retain veto power until the reestablishment of local control.
(cf: P.L.1995, c.179, s.5)
2. N.J.S.18A:9-10 is amended to read as follows:
18A:9-10. If the membership
of the board in any such district so becoming a type II district is less than
nine, it shall be increased to nine by the election of added members at the
next annual school election, unless the adopting election shall have been held
more than 130 days or less than 60 days before the date fixed for such annual
school election, in which case they shall be elected at a special school
election which shall be called by the members of the board so holding over, if
the adopting election was held more than 130 days before the annual school
election, then not less than 60 or more than 70 days after the adopting
election, or if the adopting election was held less than 60 days before the
annual school election, then not less than 60 or more than 70 days after such
annual school election, excluding in each instance from the calculation of the
period which will elapse between such 60 and 70 days any period which would
elapse between the twenty-first day
before and the twenty-first day after any day fixed according to law for the
holding of any primary election for the general election [or general election] or
municipal election held within the district.
(cf: P.L.1995, c.278, s.28)
3. N.J.S.18A:10-3 is amended to read as follows:
18A:10-3. Each board of education shall organize annually at a regular meeting held not later than at 8 p.m. at which time new members shall take office [:
a. In type I districts on May 16, or on the following day if that day be Sunday;
b. In all type II districts] on any day of the first [or second] week [following the annual school election] in January.
If the organization meeting cannot take place on that day by reason of lack of a quorum or for any other reason, said meeting shall be held within three days thereafter.
(cf: P.L.1987, c.289, s.2)
4. N.J.S.18A:12-8 is amended to read as follows:
18A:12-8. In districts, other than those in cities of the first class, the members of the board shall be appointed between [April] December 1 and [April] December 15 and their terms of office shall begin on [May 16] January 1, next succeeding, and in districts in cities of the first class they shall be appointed during the month of June and their terms of office shall begin on July 1, next succeeding.
(cf: P.L.1979, c.284, s.1)
5. N.J.S.18A:12-17 is amended to read as follows:
18A:12-17. The mayor or other chief executive officer of the municipality shall, between [April] December 1 and [April] December 15 in each year, appoint one member of the board to serve for a term of 5 years beginning on [May 15] January 1 next succeeding his appointment, to take the place of the member whose term shall expire in that year, and any vacancy occurring in the membership of the board shall be reported forthwith by the secretary of the board to the mayor or other chief executive officer of the municipality, who shall within 30 days thereafter appoint a qualified person to fill the vacancy for the unexpired term.
(cf: P.L.1979, c.284, s.2)
6. N.J.S.18A:13-8 is amended to read as follows:
18A:13-8. The board of education of a regional district shall consist of nine members unless it consists of more than nine constituent districts, in which case the membership shall be the same as the number of constituent districts, plus one. If there are nine or less constituent districts, the members of the board of education of the regional district shall be apportioned by the county superintendent or county superintendents of the county or counties in which the constituent districts are situate, among said districts as nearly as may be according to the number of their inhabitants except that each constituent district shall have at least one member.
In making the apportionment of the membership of a regional board of education among the several school districts uniting to create a regional school district having nine or less constituent districts, as required by section 18A:13-36, there shall be subtracted from the number of inhabitants of a constituent school district, as shown by the last federal census officially promulgated in this State, the number of such inhabitants who according to the records of the Federal Bureau of the Census were patients in, or inmates of, any State or federal hospital or prison, or who are military personnel stationed at, or civilians residing within the limits of, any United States Army, Navy or Air Force installation, located in such constituent school district.
If there are more than nine constituent districts, the members on the board shall be apportioned among the constituent districts and the weight of their votes in all proceedings of the board shall be determined by the appropriate county superintendent or superintendents through the following procedure:
a. The number of inhabitants of each constituent district shall be determined as shown by the last federal census officially promulgated in this State.
b. A representative ratio shall be calculated by adding the number of inhabitants of all constituent districts and dividing the sum by the board size.
c. All constituent districts shall be listed in ascending order of their number of inhabitants. If the first constituent district in said list has a number of inhabitants which is less than the representative ratio, it shall be combined with the constituent district contiguous to it having the smallest number of inhabitants. This process shall be repeated for each successively larger constituent district or combination of constituent districts until all remaining constituent districts or combinations of constituent districts shall have a number of inhabitants equal to, or exceeding the representative ratio. The districts formed in this manner shall be known as representative districts.
d. There shall be established a priority list according to the method of equal proportions for the apportionment of the members of the regional district board of education among the representative districts.
e. The members of the regional district board of education shall be apportioned among the representative districts according to the method of equal proportions, and where a representative district is composed of more than one constituent district, members shall be elected at large from within the representative district.
f. The number of inhabitants of each representative district shall be divided by the number of members assigned to that district to find the number of inhabitants per members.
g. The vote to be cast by each member of the regional district board of education in all proceedings of the board shall be determined by dividing the number of inhabitants per member in the representative district from which the member is elected by the representative ratio for the regional district, and rounding off the quotient to the nearest tenth of a full vote.
Wherever any statute or bylaw of the board requires decision in any matter by vote of a majority of the board members, or of the members present, this shall be interpreted as meaning a majority of the weighted votes of all members, or of the members present, as the case may be.
h. Whenever the above reapportionment procedure is used for a regional district having more than nine constituent districts, the terms of office of all incumbent board of education members shall terminate on the day on which the annual organization meeting of the board is held pursuant to N.J.S.18A:13-12 following certification by the county superintendent of the representative districts and the number of members to be elected from each; provided, that if the reapportionment results in any representative district retaining its former boundaries and the same number of board members, that the members elected from such a district shall serve the full term for which they were elected. All other board members shall be elected in an election to be held on the [third] first Tuesday following the first Monday in [April] November at least 60 days following certification by the county superintendent for initial terms of office to be designated in advance by the county superintendent so that, as nearly as possible, one-third of the board shall be elected in each future year, to serve for three-year terms, and where a representative district has more than one member, their terms of office shall terminate in different years.
If any constituent district is a consolidated district, or a district composed of two or more municipalities, and
a. The original district is a limited purpose regional district and such constituent district has such population that it is entitled to have apportioned to it a number of members equal to or greater than the number of districts making up such constituent district, or
b. The regional district is an all purpose district, the membership of the regional board of education from such district shall be apportioned, and from time to time reapportioned, and the members from the district shall be elected, as their respective terms expire, in the same manner as though each of the municipalities making up such constituent district were constituent districts of the regional district. (cf: P.L.1992, c.159, s.9)
7. N.J.S.18A:13-10 is amended to read as follows:
18A:13-10. The board of education of each regional district shall provide for the holding, in accordance with the provisions of P.L.1995, c.278 (C.19:60-1 et al.), of an annual school election for the regional district on the [third] first Tuesday following the first Monday in [April] November.
At such election there shall be elected for terms of three years, beginning on any day of the first [or second] week [following such election] in January, the members of the regional boards of education to succeed those members of the board whose terms shall expire in that year, except as is in this chapter provided for the election of the first elected members of the board.
(cf: P.L.1995, c.278, s.32)
8. N.J.S.18A:13-12 is amended to read as follows:
18A:13-12. The board shall hold a regular meeting forthwith after its first appointment, and annually thereafter on any day of the first [or second] week [following the annual school election] in January, at which it shall organize by the election, from among its members, of a president and vice president, who shall serve until the organization meeting next succeeding the election of their respective successors as members of the board. If any board shall fail to organize within [said two weeks] that week, the county superintendent of the county, or the county superintendents of the counties, in which the constituent districts are situate, shall appoint, from among the members of the board, a president and vice president to serve until the organization meeting next succeeding the next election.
(cf: P.L.1987, c.289, s.6)
9. N.J.S.18A:13-13 is amended to read as follows:
18A:13-13. The board shall appoint a secretary who may or may not be a member of the board, for the term of one year beginning on [July 1] January 15 following his appointment but he shall continue to serve after the expiration of his term until his successor is appointed and qualified.
(cf: N.J.S.18A:13-13)
10. N.J.S.18A:13-14 is amended to read as follows:
18A:13-14. The board shall appoint a treasurer of school moneys who may be a member of the board and it shall fix his salary. His term of office shall expire annually on [June 30] January 15 of each year, but if a municipal officer is appointed treasurer, his term shall cease if he ceases to hold his municipal office and in either case, the treasurer shall continue in office after the expiration of his term until his successor is qualified. He shall give bond in such amount, and with such surety, as the board shall direct. The board in its determination of the amount shall be guided by a schedule of minimum limits to be promulgated by the State board.
(cf: P.L.1981, c.174, s.1)
11. N.J.S.18A:13-46 is amended to read as follows:
18A:13-46. The county superintendent of the county in which any new constituent district of an enlarged regional district shall be situate shall, not later than 30 days after the election for the enlargement thereof, appoint one member of the enlarged board of education of the regional district from among the qualified citizens of each such new constituent district and the members so appointed shall serve until the first [Monday] week of January next succeeding the first annual school election of the enlarged regional district and their successors shall be elected at said election. If by reason of the enlargement of the district it becomes necessary to reapportion the membership of the enlarged board of education the county superintendent or superintendents of the county or counties in which the constituent local districts of the enlarged district are situate shall reapportion the membership of the enlarged board of education in accordance with the provisions of sections 18A:13-8 and 18A:13-36, and at the same time shall designate the number of members to be elected from each constituent school district at the succeeding annual school election to be held therein upon the expiration of the terms of office of the members of the regional board then in office, in such manner that the representation of the constituent districts shall be established in accordance with such reapportionment at the earliest possible time but the members then in office shall continue in office for the terms for which they were elected or appointed notwithstanding such reapportionment.
(cf: N.J.S.18A:13-46)
12. N.J.S.18A:17-5 is amended to read as follows:
18A:17-5. Each secretary shall be appointed by the board, by a recorded roll call majority vote of its full membership, for a term to expire not later than [June 30] January 15 of the calendar year next succeeding that in which the board shall have been organized, but he shall continue to serve after the expiration of his term until his successor is appointed and qualified. The secretary may be appointed from among the members of the board and, subject to the provisions of this Title and any other law, the board shall fix his compensation; provided, however, that the secretary shall not receive compensation from the board for any period during which he is an elected or appointed member of the board.
In case of a vacancy in the office of secretary, the vacancy shall be filled by the board within 60 days after the vacancy occurs and if the board does not make such appointment within such time the county superintendent shall appoint a secretary who shall receive the same compensation as his predecessor in office received and shall serve until a secretary is appointed by the board.
(cf: P.L.1968, c.271, s.1)
13. R.S.19:15-2 is amended to read as follows:
19:15-2. The district boards shall open the polls for such election at 6:00 A.M. and close them at 8:00 P.M., and shall keep them open during the whole day of election between these hours; except that for a school election held at a time other than at the time of the general election the polls shall be open between the hours of 5:00 P.M. and 9:00 P.M. and during any additional time which the school board may designate between the hours of 7:00 A.M. and 9:00 P.M.
The board may allow one member thereof at a time to be absent from the polling place and room for a period not exceeding one hour between the hours of 1:00 P.M. and 5:00 P.M. or for such shorter time as it shall see fit.
At no time from the opening of the polls to the completion of the canvass shall there be less than a majority of the board 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 district election board present or if more than two district board members are designated to serve at the polling place, at least two members present.
(cf: P.L.2001, c.245, s.3)
14. R.S.19:45-6 is amended to read as follows:
19:45-6. The compensation of each member of the district boards for all services performed by them under the provisions of this Title shall be as follows:
In all counties, for all services rendered including the counting of the votes, and in counties wherein voting machines are used, the tabulation of the votes registered on the voting machines, and the delivery of the returns, registry binders, ballot boxes and keys for the voting machines to the proper election officials, $200 each time the primary election, the general election or any special election is held under this Title; provided, however, that:
a. (1) The member of the board charged with the duty of obtaining and signing for the signature copy registers shall receive an additional $12.50 per election, such remuneration being limited to only one board member per election, or $6.25 to each of two board members if they share such responsibility for the signature copy registers, and (2) the member of the board charged with the duty of returning the signature copy registers shall receive an additional $12.50 per election, such remuneration being limited to only one board member per election, or $6.25 to each of two board members if they share such responsibility for the signature copy registers;
b. In the case of any member of the board who is required under R.S.19:50-1 to attend in a given year a training program for district board members, but who fails to attend such a training program in that year, that compensation shall be $50.00 for each of those elections;
c. In counties wherein voting machines are used no compensation shall be paid for any services rendered at any special election held at the same time as any primary or general election. Such compensation shall be in lieu of all other fees and payments; and
d. Compensation for district board members serving at a school election held at a time other than the time of the general election shall be paid by the board of education of the school district conducting the election at an hourly rate of $5.77, except that the board of education may compensate such district board members at a pro-rated hourly rate consistent with the daily rate up to a maximum of $14.29. The provisions of subsections a., b., and c. of this section shall also apply to district board members serving at a school election held at a time other than at the time of the general election, except that in the case of subsection b., the compensation shall be at an hourly rate of $3.85.
Compensation due each member shall be paid within 30 days but not within 20 days after each election; provided, however, that no compensation shall be paid to any member of any such district board who may have been removed from office or application for the removal of whom is pending under the provisions of R.S.19:6-4.
(cf: P.L.2001, c.245, s.9)
15. Section 1 of P.L.1995, c.278 (C.19:60-1) is amended to read as follows:
1. a. An annual school election for the purposes of electing members of the board of education shall be held in each type II district on the first Tuesday after the first Monday in November.
An annual school election for the purpose of determining the amount of money necessary to be appropriated for the use of the public schools of the district for the ensuing school year shall be held in each type II district on the third 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 to change the annual school budget election date or any other school budget [and election] calendar date 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.
b. All school elections shall be by ballot and, except as otherwise provided by P.L.1995, c.278 (C.19:60-1 et al.), shall be conducted in the manner provided for general elections pursuant to Title 19 of the Revised Statutes. No grouping of candidates or party designation shall appear on any ballot to be used in a school election.
(cf: P.L.2003, c.20, s.1)
16. Section 3 of P.L.1995, c.278 (C.19:60-3) is amended to read as follows:
3. a. Notwithstanding the provisions of R.S.19:6-1, for school elections held at times other than at the time of the general election the county board of the county in which the election district is located shall designate two members of the district board of election to perform all the duties of the district board for that election, except that where electronic voting systems are in use in any election district in which there are more than 900 registered voters, the county board shall designate four members of the district board to perform all the duties of the district board for that election. Notwithstanding the provisions of R.S.19:6-10, the county board shall appoint one of the persons so designated to serve as judge and the other or another, as the case may be, of those persons so designated to serve as inspector for school elections.
b. Notwithstanding the provisions of subsection a. or any other law to the contrary:
(1) Upon the request of a board of education or the clerk of a municipality in the county or upon its own initiative, the county board may designate the polling place and voting equipment of one election district to serve as the polling place and voting equipment for the voters of one or more other election districts for school elections held at times other than at the time of the general election. Such a designation shall be based on the casting of no more than 500 ballots during each of the two preceding annual April school elections by the voters of the election districts for which that polling place is designated. If, at two consecutive annual April school elections thereafter, the number of ballots cast by the voters in those election districts is more than 500, the county board shall effect an appropriate revision of the election districts using that polling place. If a request is from a municipal clerk, the request shall apply only to the election districts in that municipality.
(2) If one polling place is designated for two or more election districts, the county board shall designate at least two members from among the members of the district boards of election of those election districts to perform all the duties of the district board for the school election held at a time other than at the time of the general election. The county board shall also appoint one of the persons so designated to serve as judge and another of those persons to serve as inspector for school elections.
(cf: P.L.1996, c.3, s.1)
17. Section 4 of P.L.1995, c.278 (C.19:60-4) is amended to read as follows:
4. The secretary of each board of education, not later than 10 o'clock a.m. of the 17th day preceding [the annual] a school election for the purpose of determining the amount of money necessary to be appropriated for the use of the public schools of the district for the ensuing school year or a special school election, shall make and certify and forward to the clerk of the county in which the school district is located a statement designating any public question to be voted upon by the voters of the district which may be required pursuant to the provisions of P.L.1995, c.278 (C.19:60-1 et al.) or Title 18A of the New Jersey Statutes.
The secretary of each board of education, not later than 10 o'clock a.m. of the 50th day preceding a school election for the purposes of electing members of the board of education shall make and certify and forward to the clerk of the county in which the school district is located a statement designating any public question to be voted upon by the voters of the district which may be required pursuant to the provisions of P.L.1995, c.278 (C.19:60-1 et al.) or Title 18A of the New Jersey Statutes.
(cf: P.L.1995, c.278, s.4)
18. Section 7 of P.L.1995, c.278 (C.19:60-7) is amended to read as follows:
7. Each candidate to be voted upon at a school election shall be nominated directly by petition, and the procedures for such nomination shall, to the extent not inconsistent with the provisions of P.L.1995, c.278 (C.19:60-1 et al.), 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.19:13-5, however, a petition of nomination for such office shall be signed by at least 10 persons, one of whom may be the candidate, and filed with the secretary of the board of education on or before four p.m. of the [50th] 54th day preceding the date of the school election. The signatures need not all appear upon a single petition and any number of petitions may be filed on behalf of any candidate but no petition shall contain the endorsement of more than one candidate.
Any candidate may withdraw as a candidate in a school election by filing a notice in writing, signed by the candidate, of such withdrawal with the secretary of the board of education before the [44th] 48th day before the date of the election, and thereupon the name of that candidate shall be withdrawn by the secretary of the board of education and shall not be printed on the ballot.
A vacancy created by a declination of nomination or withdrawal by, or death of, a nominee, or in any other manner, shall be ineligible to be filled under the provisions of R.S.19:13-19 or otherwise.
Whenever written objection to a petition of nomination hereunder shall have been made and timely filed with the secretary of the board of education, the board of education shall file its determination of the objection on or before the [44th] 48th day preceding the school election. The last day upon which a candidate may file with the Superior Court a verified complaint setting forth any invasion or threatened invasion of the candidate's rights under the candidate's petition of nomination shall be the [46th] 50th day before the election. The last day upon which a candidate whose petition of nomination or any affidavit thereto is defective may amend such petition or affidavit shall be the [44th] 48th day before the election.
(cf: P.L.2000, c.22, s.1)
19. Section 9 of P.L.1995, c.278 (C.19:60-9) is amended to read as follows:
9. The ballot for a school election shall be a single or blanket form of ballot, upon which shall be printed in bold-faced type the words "OFFICIAL SCHOOL ELECTION BALLOT" or "OFFICIAL SPECIAL SCHOOL ELECTION BALLOT," as appropriate. Any public question which is to be submitted to the voters at a school 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.
In the columns in which are listed the titles of the offices to be filled at a school election and the names of candidates for those offices, the title of and the names of candidates for the office of member of the regional board of education shall appear above the title of and the names of candidates for the office of member of the local board of education. With respect to either office, in the event that one or more persons are to be elected to membership thereon for a full term and one or more persons are to be elected to membership thereon to fill an unexpired term, the ballots shall designate which of the candidates to be voted for is to 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.
All public questions to be voted upon at a school election by the voters of more than one municipality shall be placed first before any question to be voted upon at that election by the voters of a single municipality. When the public question to be voted upon by the voters of a regional school district is the amount of money to be raised for the use of the regional schools of the district, the amount of money determined to be the constituent municipality's share thereof may be identified on the ballot pursuant to N.J.S.18A:13-17.
Every county clerk shall have ready for the printer a copy of the contents of official ballots required by law to be printed for use at a school election, as follows: in the case of the annual school election for the purpose of determining the amount of money necessary to be appropriated for the use of the public schools of the district for the ensuing school year, not later than the 17th day preceding that election; [and] in the case of any special school election, not later than two business days following receipt by the clerk of official notice of the complete content of the ballot to be voted upon at that election; and in the case of the annual school election for the purposes of electing members of the board of education, in accordance with the provisions of R.S.19:14-1.
(cf: P.L.2001, c.26, s.2)
20. Section 12 of P.L.1995, c.278 (C.19:60-12) is amended to read as follows:
12. 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 school election held at a time other than the time of the general election shall be paid by the board of education of the school district. All costs, charges and expenses submitted to the board of education for payment shall be itemized and shall include the separate identification of costs to prepare, print and distribute sample ballots. Amounts expended by a county or a municipality in the conduct of school elections for which the board of education shall make payment shall be considered mandated expenditures exempt from the limitations on the county tax levy and from the limitations on final municipal appropriations imposed pursuant to P.L.1976, c.68 (C.40A:4-45.1 et seq.), and any costs to the board of education which exceed the amount of the costs to that board for the annual school election immediately preceding the enactment of P.L.1995, c.278 (C.19:60-1 et seq.) shall not be included for the purpose of calculating a school district's maximum permissible net budget pursuant to section 85 of P.L.1990, c.52 (C.18A:7D-28).
(cf: P.L.1996, c.3, s.3)
21. (New section) A school election held in November shall only be for the purpose of electing members of the board of education.
22. (New section) An elected member of a board of education, or a member of a board of education appointed to serve the unexpired term of an elected member, or an appointed member of a board of education other than a member in a district in a city of the first class, who is holding office on the effective date of this act shall continue in office until the day in January next following the year in which his term was originally set to expire when his successor takes office.
23. This act shall take effect on January 1 next following the date of enactment.
STATEMENT
This bill provides that school board members are to be elected at the time of the general election in November and will take office at the beginning of January. The bill does not change the current law regarding the preparation and adoption of school budgets.
