Bill Text: NJ A148 | 2012-2013 | Regular Session | Introduced
Bill Title: Moves school, fire district and certain municipal elections to date of nonpartisan municipal elections.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2012-01-10 - Introduced, Referred to Assembly State Government Committee [A148 Detail]
Download: New_Jersey-2012-A148-Introduced.html
STATE OF NEW JERSEY
215th LEGISLATURE
PRE-FILED FOR INTRODUCTION IN THE 2012 SESSION
Sponsored by:
Assemblyman ERIK PETERSON
District 23 (Hunterdon, Somerset and Warren)
SYNOPSIS
Moves school, fire district and certain municipal elections to date of nonpartisan municipal elections.
CURRENT VERSION OF TEXT
Introduced Pending Technical Review by Legislative Counsel
An Act concerning the date for holding certain elections and amending and supplementing Title 19 of the Revised Statutes, and repealing various 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 nonpartisan municipal, school and fire district election shall be held on the second Tuesday in May between the hours of 7:00 A.M. and 8:00 P.M., Standard Time, in those municipalities and districts operating under the provisions of subsections b. through d. of this section.
b. (1) The election of municipal officers held pursuant to the "Uniform Nonpartisan Elections Law," P.L.1981, c.379 (C.40:45-5 et seq.), in each year in which such officers are to be elected in all municipalities holding such elections shall occur on the day of the nonpartisan municipal, school and fire district election.
(2) 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. (1) The election of members of the boards of education in Type II school districts and the public vote on the proposed budget for the subsequent annual budget for such districts held each year, as provided for in P.L.1995, c.278 (C.19:60-1 et seq.) and N.J.S.18A:22-33, shall occur on the day of the nonpartisan municipal, school and fire district election.
(2) The election of members of a regional school district and the public vote on the proposed budget for such districts held each year, as provided for in N.J.S.18A:13-5 et seq., shall occur on the day of the nonpartisan municipal, school and fire district election.
(3) The members to be elected, their number, the length of their term of office and their powers and responsibilities shall be as provided for in Title 18A of the New Jersey Statutes.
d. (1) The election of members of the board of fire commissioners in each municipality that has established fire districts, pursuant to N.J.S.40A:14-70 et seq., and the public vote on any appropriation or other matter to be voted on by the voters in that district, pursuant to section 5 of P.L.1979, c.453 (C.40A:14-78.1), shall occur on the day of the nonpartisan municipal, school and fire district election.
(2) The members to be elected, their number, the length of their term of office and their powers and responsibilities shall be as provided for in N.J.S.40A:14-70 et seq.
e. The election 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. )(now pending before the Legislature as this bill). The election officers responsible for conducting a nonpartisan municipal, school and fire district election shall be the same as those responsible for conducting a general election pursuant to this Title.
2. (New section) a. Each candidate to be voted upon at a nonpartisan municipal, school and fire district election shall be nominated directly by petition. The procedures for such nomination shall conform, to the extent not inconsistent with the provisions of P.L. , c. (C. )(now pending before the Legislature as this bill), 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 county clerk before 4 P.M., Standard Time, of the 54th day before the day of the nonpartisan municipal, school and fire district election.
c. Notwithstanding the provisions of R.S.19:13-5, the number of signatures on a petition of nomination that must be filed by each candidate shall be equal to at least one percent, but in no event fewer than 10 registered voters of the municipality, ward or district, as the case may be.
d. Each petition shall have the form and content provided for petitions in R.S.19:13-4, except as the provisions of that section relate to the designation of the party or principles of a candidate pursuant to section 7 of P.L. , c. (C. )(now pending before the Legislature as this bill). Each petition shall be arranged to contain double spacing between the signature lines of the petition, so that each signer thereof is afforded sufficient space to provide the signer's printed name, address and signature. The county clerk shall provide, upon request, a reasonable number of petitions. A petition may contain more than one signature and any number of petitions may be filed on behalf of any one candidate. No petition shall be used to nominate more than one candidate. No person signing a petition shall be permitted to sign more petitions for an office than there are places to be filled for the office. When ward council members are to be elected, no person signing a petition shall sign more than one petition for nominating a person to ward council and the candidate named in the petition shall reside in the same ward as the signer.
e. Each petition shall include:
(1) a statement that the signers thereof are all qualified voters of the municipality, school district, constituent district or fire district, as the case may be, that the candidate will represent if elected; and
(2) a statement that the signers endorse the candidate named in the petition for the office sought and request that the person's name be printed on the official ballot to be used at the ensuing election.
f. Each petition that is provided to a candidate by the county 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)."
g. When two or more persons bearing the same name are nominated for the same office, either person may file with the county clerk a statement in writing containing not more than six words as a means of identification. The statement shall not be a designation of the party or principles of the candidate. The statement shall be printed on the official ballot to be used at the election.
h. 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.
i. The county 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) Annexed to the nominating petition and to be filed therewith, there shall be a certificate signed by the person endorsed in the petition stating that:
a. the person is qualified to be elected to the office for which the person is nominated, including a specific affirmation that the person is not disqualified as a voter pursuant to R.S.19:4-1;
b. the person consents to stand as a candidate for election; and
c. if elected, the person agrees to accept and qualify into that office.
4. (New section) A candidate may withdraw as a candidate in a nonpartisan municipal, school and fire district election by filing a notice in writing, signed by the candidate, of such withdrawal with the county clerk before the 48th day before the day of the election. When this action is taken, the name of the candidate shall be withdrawn by the clerk and not printed on the ballot for the election.
5. (New section) Whenever written objection to a petition of nomination hereunder shall have been made and timely filed with the county clerk, the county board of elections shall file its determination of the objection on or before the 48th day preceding the nonpartisan municipal, school and fire district 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 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 49th day before the election.
6. (New section) No person shall accept nomination for election for more than one municipal, school district or fire district office to be voted for at a nonpartisan municipal, school and fire district election held pursuant to P.L. , c. (C. )(now pending before the Legislature as this bill).
7. (New section) Notwithstanding the provisions of R.S.19:13-4, any candidate for election to a municipal office under the "Uniform Nonpartisan Elections Law," P.L.1981, c.379 (C.40:45-5 et seq.) whose name is to be printed on the ballot may petition the county 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 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 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 clerk on or before the last day fixed for filing the petitions for nomination. If two candidates or groups select the same designation, the clerk shall notify the candidate or group whose petition was last filed, and that candidate or group shall select a new designation.
8. (New section) When several candidates for election to municipal office under the "Uniform Nonpartisan Elections Law," P.L.1981, c.379 (C.40:45-5 et seq.), petition to have their names grouped together and that one designation named by them be printed opposite their names pursuant to section 7 of P.L. , c. (C. ) (now pending before the Legislature as this bill), the candidates whose names are to be grouped in a bracket pursuant to that section may file with the clerk of the municipality a designation, in writing, of the names of three persons serving as a committee on vacancies.
A committee on vacancies established pursuant to this section shall have the power if a vacancy arises among candidates by death, resignation or otherwise, of any of the candidates included in the group, to fill the vacancy by filing with the county clerk the name of the candidate who shall compete for office instead of the person whose death, resignation or other occurrence caused the vacancy.
Any such designation to fill a vacancy shall have the same force and effect as an original petition of nomination.
Any designation by the committee on vacancies shall be filed with the county clerk on or before the 10th day before the day of the election. In the event a vacancy occurs within 10 days before the election, any filing with the county clerk of a designated substitute candidate shall be made forthwith, and the name of designee shall be placed on the ballot if the clerk determines that doing so is feasible. The procedure and the manner and method of placing the name of any substituted candidate on the ballot and of the election of the candidates for the office shall be, as nearly as practicable, in accordance with those provisions of this Title that apply in the case of vacancies in other offices to be filled at elections.
A vacancy created by a declination of nomination or withdrawal by, or the death of, a nominee seeking election to a district or regional board of education, shall not be filled pursuant to R.S.19:13-19 or otherwise.
9. (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 nonpartisan municipal, school and fire district election ballot shall be determined by the county clerk by conducting a drawing in the following manner:
a. The drawing shall be done by the clerk nine working days following the last day for filing petitions of nomination for such candidates. The first drawing shall be for the position of candidates for election to municipal office, the second shall be for the position of candidates for election to the district school board, the third shall be for the position of candidates for election to the regional school board, if any, and the fourth shall be for the position of candidates for election to the fire district board. The person making the drawing shall announce publicly the office and name of each candidate or bracketed group sequentially, the order in which the office and name or bracketed group is drawn and the term of 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 contested at the election 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. The procedure shall be followed for each group of candidates starting with candidates for election to municipal office, proceeding to candidates for election to the district school board, followed by candidates for election to the regional school board, if any, and concluding with candidates for election to fire district board.
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 county 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.
10. (New section) a. The ballot for a nonpartisan municipal, school and fire district election shall be a single or blanket form of ballot, on which shall be printed in bold-faced type the words "OFFICIAL NONPARTISAN MUNICIPAL, SCHOOL AND FIRE DISTRICT ELECTION BALLOT." The ballot shall be divided into three equal parts, with the first part occupied by the title of each office to be filled in the municipality in which the election is to occur and the names of the candidates for such offices, the second by the title of each office to be filled in the school and regional school district, if any, and the names of the candidates for such offices, and the third by the title of each office to be filled in the fire district and the names of the candidates for such offices. In the event a municipality holding a nonpartisan municipal, school and fire district election does not hold an election to fill one or two of the offices filled at such an election, those offices that are to be filled shall be listed in the order provided for by this subsection.
b. 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 in the case of candidates for election to municipal offices.
c. In the event that one or more persons are to be elected 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 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.
d. Any public question which is to be submitted to the voters at the election shall be printed in that part of the ballot that corresponds closest to the subject of the question and in a separate space above or below the listing of the candidates in the election, as the county clerk shall determine.
e. The county clerk shall be responsible for the printing of the ballots and shall have ready for the printer a copy of the contents of the official ballot not later than the 30th day preceding that election. The ballot shall be authenticated by the clerk's signature where required pursuant to this Title.
11. (New section) No later than the 10th day following the day of the drawing for positions on the ballot, the county 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 where the election is to occur 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.
12. (New section) a. Notwithstanding the provisions of R.S.19:6-1, for nonpartisan municipal, school and fire district elections the county board of the county in which the election district is located may 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 may 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.
b. Notwithstanding the provisions of subsection a. or any other law to the contrary:
(1) Upon the request of the county clerk 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 nonpartisan municipal, school and fire district elections. Such a designation shall be based on the casting of no more than 500 ballots during each of the two annual school elections immediately preceding the enactment of P.L. , c. (C. ) (now pending before the Legislature as this bill) by the voters of the election districts for which that polling place is designated. If, at two consecutive nonpartisan municipal, school and fire district 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.
(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 nonpartisan municipal, school and fire district 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.
13. (New section) a. The procedures for the appointment of challengers to serve at the nonpartisan municipal, school and fire district 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 pursuant to section 7 of P.L. , c. (C. ) (now pending before the Legislature as this bill) 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 county clerk.
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 Title 19 of the Revised Statutes.
e. Any voter whose name does not appear on a challenge list prepared for the nonpartisan municipal, school and fire district 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.249 (C.19:15-18 et seq.) and every other applicable section of this Title.
14. (New section) a. The county clerk shall cause samples of the official nonpartisan municipal, school and fire district 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. 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 county clerk shall have sample ballots for all nonpartisan municipal, school and fire district elections printed so that when folded, the words "Official Nonpartisan Municipal, School and Fire District 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 nonpartisan municipal, school and fire district election shall be deposited in the post office on or before 12 noon on the Wednesday preceding the day of the election.
15. (New section) On the day following the nonpartisan municipal, school and fire district election, the county clerk shall canvass all returns received from the election districts and immediately make and file in the clerk's office the result thereof. The canvass by the clerk shall be publicly made, if possible.
The county 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).
16. (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 municipal officer elected pursuant to P.L. , c. (C. )(now pending before the Legislature as this bill) shall begin on the July 1 next following the election.
17. (New section) a. (1) For the municipal election part of a nonpartisan municipal, school and fire district election, all costs, charges and expenses, including a portion of 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, and the clerk of the county, shall be paid by the municipality. All costs, charges and expenses submitted to the municipality 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 the nonpartisan municipal election part of the nonpartisan municipal, school and fire district election for which the municipality 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.).
(2) For the school election part of a nonpartisan municipal, school and fire district election, all costs, charges and expenses, including a portion of 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, and the clerk of the county 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 the school election part of the nonpartisan municipal, school and fire district election 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.).
(3) For the fire district election part of a nonpartisan municipal, school and fire district election, all costs, charges and expenses, including a portion of 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, and the clerk of the county, shall be paid by the fire district. All costs, charges and expenses submitted to the fire district 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 the fire district election part of the nonpartisan municipal, school and fire district election for which the fire district 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.)
b. (1) Whenever the costs incurred by a municipality for administering the municipal election part of a nonpartisan municipal, school and fire district election is less than the average cost incurred by such a municipality for administering the two consecutive nonpartisan municipal elections occurring immediately prior to the enactment of P.L. , c. (C. )(now pending before the Legislature as this bill), the difference between the amounts of such costs shall be remitted by the municipality to the county clerk within 60 days after the occurrence of the election to cover the clerk's expenses in connection with the nonpartisan municipal, school and fire district election. Whenever the costs incurred by a municipality for administering the municipal election part of a nonpartisan municipal, school and fire district election is greater than the average cost incurred by such a municipality for administering the two consecutive nonpartisan municipal elections occurring immediately prior to the enactment of P.L. , c. (C. ) (now pending before the Legislature as this bill), the difference between the amounts of such costs shall be the responsibility of the State and shall be remitted by the Treasurer thereof to the county clerk within 60 days after the occurrence of the election to cover the clerk's expenses in connection with the nonpartisan municipal, school and fire district election. The county clerk and the municipal clerk shall both be responsible for ascertaining and certifying the true amount of the difference, and when that difference is the responsibility of the State, the county clerk and municipal clerk shall jointly notify the State Treasurer of the amount due to the county clerk.
(2) Whenever the costs incurred by a school board for administering the school election part of a nonpartisan municipal, school and fire district election is less than the average cost incurred by such a board for administering the two consecutive annual school elections occurring immediately prior to the enactment of P.L. , c. (C. )(now pending before the Legislature as this bill), the difference between the amounts of such costs shall be remitted by the board to the county clerk within 60 days after the occurrence of the election to cover the clerk's expenses in connection with the nonpartisan municipal, school and fire district election. Whenever the costs incurred by a school board for administering the school election part of a nonpartisan municipal, school and fire district election is greater than the average costs incurred by such a board for administering the two consecutive annual school election occurring immediately prior to the enactment of P.L. , c. (C. ) (now pending before the Legislature as this bill), the difference between the amounts of such costs shall be the responsibility of the State and remitted by the Treasurer thereof to the county clerk within 60 days after the occurrence of the election to cover the clerk's expenses in connection with the nonpartisan municipal, school and fire district election. The county clerk and the secretary of a board of education shall both be responsible for ascertaining and certifying the true amount of the difference, and when that difference is the responsibility of the State, the county clerk and secretary of the board shall jointly notify the State Treasurer of the amount due to the county clerk.
(3) Whenever the costs incurred by a fire district for administering the fire district election part of a nonpartisan municipal, school and fire district election is less than the average cost incurred by such a district for administering the two consecutive fire district elections occurring immediately prior to the enactment of P.L. , c. (C. ) (now pending before the Legislature as this bill), the difference between the amounts of such funds shall be remitted by the fire district to the county clerk within 60 days after the occurrence of the election to cover the clerk's expenses in connection with the nonpartisan municipal, school and fire district election. Whenever the costs incurred by a fire district for administering the fire district election part of a nonpartisan municipal, school and fire district election is greater than the average cost incurred by such a district for administering the two consecutive fire district elections occurring immediately prior to the enactment of P.L. , c. (C. ) (now pending before the Legislature as this bill), the difference between the amounts of such costs shall be the responsibility of the State and shall be remitted by the Treasurer thereof to the county clerk within 60 days after the occurrence of the election to cover the clerk's expenses in connection with the nonpartisan municipal, school and fire district election. The county clerk and secretary of the fire district shall both be responsible for ascertaining and certifying the true amount of the difference, and when that difference is the responsibility of the State, the county clerk and secretary of the fire district shall jointly notify the State Treasurer of the amount due to the county clerk.
c. Pursuant to subsection b. of this section, the State Treasurer shall remit such funds as may be certified as necessary to a municipality, school district or fire district, respectively, whenever a nonpartisan municipality, a school district or a fire district, respectively, ascertains that its part of the cost of a nonpartisan municipal, school and fire district election exceeds the average costs incurred by such a municipality, school district or regional school district or fire district for administering two such consecutive elections occurring immediately prior to the enactment of P.L. , c. (C. ) (now pending before the Legislature as this bill).
The Legislature shall appropriate, in the annual appropriation act, such funds as may be necessary to enable the State Treasurer to compensate a municipality, school district, regional school district or fire district for the costs it incurs in connection with a nonpartisan municipal, school and fire district election.
18. Section 12 of P.L.2000, c.72 (C.18A:7G-12) is amended to read as follows:
12. A district, other than a State-operated school district, that sought approval pursuant to section 11 of this act of a school facilities project without excess costs but failed to receive that approval, and within the three years prior to that, sought and failed to receive approval of that school facilities project with or without excess costs, may submit the project to the commissioner and request that the commissioner approve the project and authorize the issuance of school bonds for the local share of the project. Upon receipt of the request, the commissioner shall review the school facilities project and determine whether the project is necessary for the provision of a thorough and efficient system of education in the district. If the commissioner concludes that the project is necessary, the commissioner may approve the project without excess costs and authorize the issuance of school bonds to fund the local share. In addition to the amount of taxes determined by the legal voters of the district at the [annual] nonpartisan municipal, school and fire district election, the secretary of the board of education shall certify the amount required for the repayment of the interest and principal of the bonds required to fund the local share amount approved by the commissioner in the same manner required for interest and debt redemption charges pursuant to N.J.S.18A:22-33, and the amount so certified shall be included in the taxes assessed, levied and collected in the municipality or municipalities comprising the school district for those purposes.
Any school facilities project authorized pursuant to this section shall be constructed by the authority. Nothing in this section shall preclude a State-operated school district from using the process established pursuant to section 2 of P.L.1991, c.139 (C.18A:7A-46.2) to obtain the approval of the commissioner to undertake a school facilities project.
(cf: P.L.2007, c.137, s.23)
19. N.J.S.18A:8-3 is amended to read as follows:
18A:8-3. The first board of education of the new school district shall consist of nine persons, who are legal residents of the district possessing the qualifications requisite for board membership in other school districts, except the two-year residence requirement, which shall not be effective until the fourth [annual] nonpartisan municipal, school and fire district election of the newly created district. They shall be appointed by the county superintendent as soon after the creation of the new municipality as possible, and they shall continue in office until the qualification in office of their successors, who shall be elected at the ensuing [annual] nonpartisan municipal, school and fire district election for terms to be so arranged by the appointed board that, as soon as possible, the term of each member of the board shall be three years and the terms of three members shall expire in each year.
(cf: N.J.S.18A:8-3)
20. N.J.S.18A:8-30 is amended to read as follows:
18A:8-30. The membership of the board of any consolidated school district heretofore created, in which such membership has not been determined by apportionment, shall be selected as heretofore, but in any such district there may be adopted the apportionment provisions of this chapter at any [annual] nonpartisan municipal, school and fire district election by approval of a majority of the votes cast on such proposition.
The proposition shall be placed on the ballots to be used at such election whenever a petition requesting the submission of such proposition, signed by not less than five per cent of the registered voters of the consolidated district, shall have been filed with the secretary at least 20 days prior to the date fixed for the holding thereof.
If such proposition shall be adopted, the county superintendent or county superintendents of the county or counties, in which the district is situate, shall apportion the membership of the board of the consolidated district in accordance with this chapter, beginning with the next [annual] nonpartisan municipal, school and fire district election, and as the terms of the respective members of the board in office shall expire, and thereafter the members of said board shall be elected accordingly.
(cf: N.J.S.18A:8-30)
21. N.J.S.18A:9-6 is amended to read as follows:
18A:9-6. Except as provided below, if the board of education of a type II local school district shall so determine by resolution, or if a petition is filed with the board requesting the submission of the question to the voters, signed by 15% or more of the number of legally qualified voters who voted in the district at the last preceding general election held for the election of all of the members of the general assembly, the question shall be submitted to the voters of the district at the next [annual] nonpartisan municipal, school and fire district election [of] held in the district which will be held at least 15 days after the adoption of the resolution or the filing of the petition but if in the petition it is requested that the question be submitted at a special school election and the first [annual] nonpartisan municipal, school and fire district election to be held in the district after the petition is filed will be held less than 20 days or more than 50 days thereafter, the board shall forthwith call a special school election in the district, for the submission of the question, to be held not more than 50 days after the filing of the petition. No resolution may be adopted and no petition may be filed for the submission of the question of acceptance of N.J.S.18A:9-2 within four years after an election shall have been held pursuant to any resolution adopted, or petition filed, pursuant to this section or N.J.S.18A:9-4.
(cf: P.L.2003, c.102, s.3)
22. 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] nonpartisan municipal, school and fire district 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] nonpartisan municipal, school and fire district 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] nonpartisan municipal, school and fire district 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] other election held within the district.
(cf: P.L.1995, c.278, s.28)
23. 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] nonpartisan municipal, school and fire district election in May.
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)
24. N.J.S.18A:12-11.1 is amended to read as follows:
18A:12-11.1. Whenever a new school district, except a regional school district, or a consolidated school district or a new district created under the terms of article 4 of chapter 8 of this title is created, there shall be placed upon the official ballot to be voted upon, at the first [annual] nonpartisan municipal, school and fire district election, the question whether the board shall consist of three, five, seven or nine members.
The balloting for board members shall take place as if nine members were to be elected, three for terms of three years, three for terms of two years, and three for terms of one year.
If it shall be determined as a result of the balloting that the board shall consist of nine members, the three candidates receiving the highest number of votes for each of said terms shall be declared elected. If it shall be determined that the board shall consist of seven members, the three candidates receiving the highest number of votes for the three-year terms, the two candidates receiving the highest number of votes for the two-year terms, and the two candidates receiving the highest number of votes for the one-year term shall be declared elected.
If it shall be determined that the board shall consist of five members, the two candidates receiving the highest number of votes for the three-year terms, the two candidates receiving the highest number of votes for the two-year terms, and the candidate receiving the highest number of votes for the one-year term shall be declared elected.
If it shall be determined that the board shall consist of three members, each candidate receiving the highest number of votes for each of the terms shall be declared elected.
Annually thereafter there shall be elected a person or persons for the term of three years in the place of the member or members whose terms shall have expired.
(cf: N.J.S.18A:12-11.1)
25. N.J.S.18A:12-12 is amended to read as follows:
18A:12-12. If the board of any district shall determine by resolution that it is for the best interest of the schools that the membership of the board shall be increased from whatever number of members then composes it to five, seven or nine members, or reduced from said number to seven, five or three members, the question of such increase or reduction shall be submitted to the voters of the district at the next [annual] nonpartisan municipal, school and fire district election and the question shall be stated in the notice of the election.
(cf: N.J.S.18A:12-12)
26. N.J.S.18A:12-13 is amended to read as follows:
18A:12-13. If at the election the question of increasing the membership of the board shall be adopted, the membership of the board shall be increased accordingly as of the organization meeting next following the next [annual] nonpartisan municipal, school and fire district election and the additional members shall be elected at [such annual school] that election, for terms as follows:
a. If the increase is from three to five, two for three years and one for two years;
b. If the increase is from three to seven, two for three years, one for two years and one for one year;
c. If the increase is from five to seven, one for three years and one for a term of either one or two years, whichever is necessary to cause the terms of two members to expire at each of the next two annual school elections;
d. If the increase is from any other number to nine, for such terms not over three years, as will as soon as possible constitute a board of nine, with three-year terms expiring, three each year.
Each year thereafter successors to the members whose terms expire shall be elected for three years.
(cf: P.L.1987, c.289, s.3)
27. N.J.S.18A:12-14 is amended to read as follows:
18A:12-14. If at the election the question of reducing the membership of the board shall be adopted, the members in office at the next [annual] nonpartisan municipal, school and fire district election shall continue in office until the expiration of their respective terms, and members shall be elected as follows:
a. If the reduction is from nine to seven, two shall be elected at such election and two at the next [annual] nonpartisan municipal, school and fire district election thereafter;
b. If the reduction is from nine to five, one shall be elected at such election, two at the first [annual] nonpartisan municipal, school and fire district election thereafter, and two at the second [annual] nonpartisan municipal, school and fire district election thereafter;
c. If the reduction is from seven to five, one shall be elected at the first [annual] nonpartisan municipal, school and fire district election at which three would have been elected; and
d. If the reduction is from any other number to three, one member shall be elected at such election and at each [annual] nonpartisan municipal, school and fire district election thereafter.
All members so elected shall be elected for terms of three years.
(cf: N.J.S.18A:12-14)
28. N.J.S.18A:12-15 is amended to read as follows:
18A:12-15. Vacancies in the membership of the board shall be filled as follows:
a. By the county superintendent, if the vacancy is caused by the absence of candidates for election to the school board or by the removal of a member because of lack of qualifications, or is not filled within 65 days following its occurrence:
b. By the county superintendent, to a number sufficient to make up a quorum of the board if, by reason of vacancies, a quorum is lacking;
c. By special election, if in the [annual] nonpartisan municipal, school and fire district election two or more candidates qualified by law for membership on the school board receive an equal number of votes. Such special election shall be held only upon recount and certification by the county board of elections of such election result, shall be restricted to such candidates, shall be held within 60 days of the [annual] nonpartisan municipal, school and fire district election, and shall be conducted in accordance with procedures for [annual] that and special school elections set forth in Title 19 of the Revised Statutes. The vacancy shall be filled by the county superintendent if in such special election two or more candidates qualified by law for membership on the school board receive an equal number of votes;
d. By special election if there is a failure to elect a member at the [annual] nonpartisan municipal, school and fire district election due to improper election procedures. Such special election shall be restricted to those persons who were candidates at [such annual] the nonpartisan municipal, school and fire district election, shall be held within 60 days of such [annual school] that election, and shall be conducted in accordance with the procedures for [annual and special] school elections set forth in Title 19 of the Revised Statutes;
e. By the commissioner if there is a failure to elect a member at the [annual] nonpartisan municipal, school and fire district election due to improper campaign practices; or
f. By a majority vote of the remaining members of the board after the vacancy occurs in all other cases.
Each member so appointed shall serve until the organizational meeting following the next [annual] nonpartisan municipal, school and fire district election in May unless he is appointed to fill a vacancy occurring within the 60 days immediately preceding such election to fill a term extending beyond such election, in which case he shall serve until the organizational meeting following the second [annual] nonpartisan municipal, school and fire district election in May next succeeding the occurrence of the vacancy, and any vacancy for the remainder of the term shall be filled at the [annual] nonpartisan municipal, school and fire district election in May or the second [annual] such election next succeeding the occurrence of the vacancy as the case may be.
(cf: P.L.1996, c.153, s.1)
29. N.J.S.18A:12-18 is amended to read as follows:
18A:12-18. In every such district the question whether or not the members of the board shall thereafter be elected by the voters of the district at [annual] nonpartisan municipal, school and fire district elections shall be submitted to the legal voters of the district at the next such or general [or municipal election], following the expiration of 40 days after the adoption by the governing body of the municipality of a resolution, or after the filing with the clerk of the municipality of a petition signed by not less than 15% of the number of legally qualified voters who voted in the municipality at the last preceding general election held for the election of all of the members of the general assembly, directing such submission, whichever occurs earlier, or at the next [annual] nonpartisan municipal, school and fire district election, or a special school election called for that purpose, to be held after the expiration of 40 days from the adoption by the board of education of the district of a resolution, or from the filing with the secretary of the board of education of a petition signed by said percentage of such number of legally qualified voters of the district, directing such submission and thereupon said clerk or secretary shall cause said question to be submitted accordingly.
(cf: N.J.S.18A:12-18)
30. N.J.S.18A:12-19 is amended to read as follows:
18A:12-19. If at said election the question shall be adopted, the members of the board of education then in office shall continue in office until the expiration of their respective terms and thereafter until the organization meeting following the next [annual] nonpartisan municipal, school and fire district election and their respective successors shall be elected by the legal voters of the district at such and each such following [annual school] election to be held in the district, for terms of five years.
(cf: P.L.1987, c.289, s.4)
31. Section 1 of P.L.1987, c.161 (C.18A:12-19.1) is amended to read as follows:
1. If the board of education of a school district organized pursuant to subarticle C of Article 4 of Chapter 12 of Title 18A of the New Jersey Statutes shall determine by resolution that it is in the best interest of the public schools of the district that the terms of the members of the board shall be decreased from five years to three years, the question shall be submitted to the voters of the district at the next [annual] nonpartisan municipal, school and fire district election and the question shall be stated in the notice of the election prepared pursuant to R.S.19:12-7.
(cf: P.L.1995, c.278, s.30)
32. Section 2 of P.L.1987, c.161 (C.18A:12-19.2) is amended to read as follows:
2. If at the election the question shall be adopted, the members of the board of education then in office shall continue in office until the expiration of their respective terms and thereafter until the first Monday following the next [annual] nonpartisan municipal, school and fire district election and their respective successors shall be elected by the legal voters of the district at this and each such following [annual] school election to be held in the district, for terms of three years.
(cf: P.L.1987, c.161, s.2)
33. 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 nonpartisan municipal, school and fire district election to be held on the [third] second Tuesday in [April] May 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)
34. N.J.S.18A:13-9 is amended to read as follows:
18A:13-9. Each apportionment shall continue in effect unless and until a reapportionment shall become necessary by reason of the official promulgation of the next Federal census or the enlargement of the regional district by the admission of one or more local districts. In any such case, immediately after the official promulgation of said census or the certification of a favorable result of the election for enlargement of the regional district the county superintendent or county superintendents of the county or counties in which the constituent districts are situate shall reapportion the members accordingly but all members shall continue in office for the terms for which they were elected or appointed notwithstanding any reapportionment. If any constituent district shall become entitled to increased representation on the board the additional members shall be elected at the next [annual] nonpartisan municipal, school and fire district election of the regional district. If, as a result of such reapportionment, a disproportionate number of the total representatives of any one constituent district to a regional board are to be elected at a single [annual] nonpartisan municipal, school and fire district election, the commissioner shall have the power, on petition of a constituent district board of education, to alter the term of any member representing such constituent district by not more than 1 year, so as to temporarily apportion, as equally as possible over any given 3-year period, the election of the members representing such constituent district.
(cf: P.L.1977, c.327, s.1)
35. 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] nonpartisan municipal, school and fire district election for the regional district on the [third] second Tuesday in [April] May.
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, 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)
36. 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] nonpartisan municipal, school and fire district election, 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, 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)
37. N.J.S.18A:13-17 is amended to read as follows:
18A:13-17. The regional board of education shall, at each [annual] nonpartisan municipal, school and fire district election, submit to the voters of the regional district the amount of money fixed and determined in its budget to be voted upon for the use of the regional schools of the district for the ensuing school year and may submit thereat any other question authorized by this law to be submitted at such an election. The board may, in submitting to the voters the amount of money to be voted upon for the use of the regional schools of the district, identify the amount of money determined to be the constituent municipality's share. The board shall follow the procedures established in section 5 of P.L.1996, c.138 (C.18A:7F-5) and N.J.S.18A:22-33.
(cf: P.L.2001, c.26, s.1)
38. N.J.S.18A:13-19 is amended to read as follows:
18A:13-19. If the voters reject any of the items submitted at the [annual] nonpartisan municipal, school and fire district election, within two days thereafter the board of education of the regional district shall certify to the governing body of each municipality, included within the regional district, the item or items so rejected, and such governing bodies, after consultation with the board, and no later than [May 19] May 31 shall determine the amount or amounts for the ensuing school year and cause the same to be certified by the respective municipal clerks to the board of education of the regional district. The board and the governing bodies shall follow the procedures established in section 5 of P.L.1996, c.138 (C.18A:7F-5) and N.J.S.18A:22-37.
(cf: P.L1996, c.138, s.48)
39. N.J.S.18A:13-23 is amended to read as follows:
18A:13-23. The annual or special appropriations for regional districts, including the amounts to be raised for interest upon, and the redemption of, bonds payable by the district, shall be apportioned among the municipalities included within the regional district, as may be approved by the voters of each municipality at the [annual] nonpartisan municipal, school and fire district election or a special school election, upon the basis of:
a. the portion of each municipality's equalized valuation allocated to the regional district, calculated as described in the definition of equalized valuation in section 3 of P.L.1996, c.138 (C.18A:7F-3);
b. the proportional number of pupils enrolled from each municipality on the 15th day of October of the prebudget year in the same manner as would apply if each municipality comprised separate constituent school districts; or
c. any combination of apportionment based upon equalized valuations pursuant to subsection a. of this section or pupil enrollments pursuant to subsection b. of this section.
(cf: P.L.1996, c.138, s.50)
40. 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 succeeding the first [annual] nonpartisan municipal, school and fire district 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] nonpartisan municipal, school and fire district 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)
41. Section 10 of P.L.1975, c.360 (C.18A:13-60) is amended to read as follows:
10. The members of the board of education of the regional district shall continue in office until the withdrawal of the district or the dissolution of the regional district has become effective. When a withdrawal has taken effect, the terms of those members of the regional board who reside in the withdrawing district shall thereupon expire, and the vacancies so occurring shall be reapportioned among the remaining districts and filled by appointment by the county superintendent to serve until the next [annual] nonpartisan municipal, school and fire district election of the regional district, at which time their successors shall be elected in accordance with such reapportionment.
(cf: P.L.1993, c.255, s.9)
42. Section 10 of P.L.1989, c.90 (C.18A:13-75) is amended to read as follows:
10. The members of the board of education of the all purpose regional district shall continue in office until the withdrawal of the municipality becomes effective. When the withdrawal takes effect, the terms of those members of the regional board who reside in the withdrawing municipality shall expire, and the vacancies occurring shall be reapportioned among the remaining municipalities and filled by appointment by the county superintendent to serve until the next [annual] nonpartisan municipal, school and fire district election of the all purpose regional district, at which time their successors shall be elected in accordance with the reapportionment.
(cf: P.L.1989, c.90, s.10)
43. Section 11 of P.L.1989, c.90 (C.18A:13-76) is amended to read as follows:
11. The members of the regional board who reside in the withdrawing municipality shall be members of the first board of education of the new district. They shall continue to serve as members of the board of education of the new district until the expiration of the respective terms for which they were elected as members of the board of education of the all purpose regional district. The number of additional members of the first board of education required to complete full membership of the board shall be appointed by the county superintendent to serve until the next [annual] nonpartisan municipal, school and fire district election or, in the case of a type I district, until the next annual appointment period of the new district, at which time their successors shall be elected or appointed.
(cf: P.L.1989, c.90, s.11)
44. N.J.S.18A:22-7 is amended to read as follows:
18A:22-7. The board of education of every school district having a board of school estimate shall prepare and deliver to each member of the board of school estimate, on or before [March 22] the second Tuesday in April in each year, and the board of education of every other school district shall prepare a budget for the school district for the ensuing year, on or before [March 22] the second Tuesday in April.
(cf: P.L.1995, c.278, s.37)
45. N.J.S.18A:22-8 is amended to read as follows:
18A:22-8. The budget shall be prepared in such detail and upon such forms as shall be prescribed by the commissioner and to it shall be annexed a statement so itemized as to make the same readily understandable, in which shall be shown:
a. In tabular form there shall be set forth the following:
(1) The total expenditure for each item for the preceding school year, the amount appropriated for the current school year adjusted for transfers as of [February 1] March 1 of the current school year, and the amount estimated to be necessary to be appropriated for the ensuing school year, indicated separately for each item as determined by the commissioner;
(2) The amount of the surplus account available at the beginning of the preceding school year, at the beginning of the current school year and the amount anticipated to be available for the ensuing school year;
(3) The amount of revenue available for budget purposes for the preceding school year, the amount available for the current school year as of [February 1] March 1 of the current school year and the amount anticipated to be available for the ensuing school year in the following categories:
(a) Total to be raised by local property taxes
(b) Total State aid
(i) Core curriculum standards aid
(ii) Special education aid
(iii) Transportation aid
(iv) Early childhood program aid
(v) Demonstrably effective program aid
(vi) Instructional supplement aid
(vii) Supplemental core curriculum standards aid
(viii) Distance learning network aid
(ix) Bilingual aid
(x) Other (detailed at the discretion of the commissioner)
(c) Total federal aid
(i) Elementary and Secondary Education Act of 1965 (20 U.S.C. s.2701 et seq.)
(ii) Handicapped
(iii) Impact Aid
(iv) Vocational
(v) Other (detailed at the discretion of the commissioner)
(d) Other sources (detailed at the discretion of the commissioner).
b. (Deleted by amendment, P.L.1993, c.117).
c. In the event that the total expenditure for any item of appropriation is equal to $0.00 for: (1) the preceding school year, (2) the current school year, and (3) the amount estimated to be necessary to be appropriated for the ensuing school year, that item shall not be required to be published pursuant to N.J.S.18A:22-11.
d. The instruction function of the budget shall be divided at a minimum into elementary (K-5), middle school (6-8), and high school (9-12) cost centers, each of which shall be further divided by the core curriculum content areas. The commissioner shall phase in these
requirements as soon as practicable.
(cf: P.L.2007, c.53, s.18)
46. N.J.S.18A:22-10 is amended to read as follows:
18A:22-10. Upon the preparation of its budget, each board of education shall fix a date, place and time for the holding of a public hearing upon said budget and the amounts of money necessary to be appropriated for the use of the public schools for the ensuing school year and the various items and purposes for which the same are to be appropriated. In districts having a board of school estimate, the hearing shall be held before the board of school estimate between [March 22 and March 29] the second Tuesday in April and April 20 and in districts having no board of school estimate the hearing shall be held before the board of education between [March 22 and March 29] the second Tuesday in May and April 20.
(cf: P.L.1995, c.278, s.39)
47. N.J.S.18A:22-14 is amended to read as follows:
18A:22-14. At or after the public hearing but not later than [April 8] April 30, the board of school estimate of a type I district shall fix and determine by official action taken at a public meeting of the board the amount of money necessary to be appropriated for the use of the public schools in the district for the ensuing school year pursuant to section 5 of P.L.1996, c.138 (C.18A:7F-5), exclusive of the amount which shall have been apportioned to it by the commissioner and shall make two certificates of the amount signed by at least three members of the board, one of which shall be delivered to the board of education and the other to the governing body of the district. Within 15 days after receiving the certificate the board of education shall notify the board of school estimate and governing body of the district if it intends to appeal to the commissioner the board of school estimate's determination as to the amount of money requested pursuant to the provisions of section 5 of P.L.1996, c.138 (C.18A:7F-5), necessary to be appropriated for the use of the public schools of the district for the ensuing school year.
(cf: P.L.1996, c.138, s.55)
48. N.J.S.18A:22-33 is amended to read as follows:
18A:22-33. The board of education of each type II district not having a board of school estimate shall at each [annual] nonpartisan municipal, school and fire district election, submit to the voters of the district, the amount of money fixed and determined in its budget pursuant to section 5 of P.L.1996, c.138 (C.18A:7F-5), excluding therefrom the sum or sums stated therein to be used for interest and debt redemption charges, in the manner provided by law, to be voted upon for the use of the public schools of the district for the ensuing school year, which amount shall be stated in the notice of the election, and the legal voters of the district shall determine at the election, by a majority vote of those voting upon the proposition, the sum or sums, not exceeding those stated in the notice of the election, to be raised by special district tax for said purposes, in the district during the ensuing school year and the secretary of the board of education shall certify the amount so determined upon, if any, and the sums so stated for interest and debt redemption charges, to the county board of taxation of the county within two days following the certification of the election results and the amount or amounts so certified shall be included in the taxes assessed, levied and collected in the municipality or municipalities comprising the district for such purposes; except that, in the case of a district which, following the nonpartisan municipal, school and fire district election and the approval by the voters of the sum to be raised by special district tax for the schools of the district, determines that it has a greater surplus account available for the school year than estimated when the sum to be raised by special district tax was presented to the voters, the secretary of the board of education, with the approval of the commissioner, may between the date of the nonpartisan municipal, school and fire district election and the delivery of tax bills pursuant to R.S.54:4-64 re-certify to the county board of taxation the sum or sums to be raised by special district tax in the district during the ensuing school year, if the sum is lower than that approved by the voters in the [school] election, and if the reduction is equivalent to the additional amount available in the surplus account to be applied towards the district's budget. The amount re-certified shall be included in the taxes assessed, levied and collected in the municipality or municipalities comprising the district.
(cf: P.L.1999, c.346, s.1)
49. N.J.S.18A:22-37 is amended to read as follows:
18A:22-37. If the voters reject any of the items submitted at the [annual] nonpartisan municipal, school and fire district election, the board of education shall deliver the proposed school budget pursuant to section 5 of P.L.1996, c.138 (C.18A:7F-5) to the governing body of the municipality, or of each of the municipalities included in the district within two days thereafter. The governing body of the municipality, or of each of the municipalities, included in the district shall, after consultation with the board, and by [May 19] June 10, determine the amount which, in the judgment of the body or bodies, is necessary to be appropriated for each item appearing in the budget, pursuant to section 5 of P.L.1996, c.138 (C.18A:7F-5) and certify to the county board of taxation the totals of the amount so determined to be necessary for each of the following:
a. General fund expenses of schools; or
b. Appropriations to capital reserve account.
Within 15 days after the governing body of the municipality or of each of the municipalities included in the district shall make the certification to the county board of taxation, the board of education shall notify the governing body or bodies if it intends to appeal to the commissioner pursuant to section 5 of P.L.1996, c.138 (C.18A:7F-5) the amount which the body or bodies determined to be necessary to be appropriated for each item appearing in the proposed school budget.
(cf: P.L.1996, c.138, s.59)
50. N.J.S.18A:22-38 is amended to read as follows:
18A:22-38. If the governing body or bodies fail to certify any amount determined to be necessary pursuant to section 5 of P.L.1996, c.138 (C.18A:7F-5) for any item rejected at the [annual] nonpartisan municipal, school and fire district election, or in the event that the governing bodies of the municipalities comprising a school district, shall certify different amounts, then the commissioner shall determine the amount or amounts which in his judgment, are necessary to be appropriated, for each of the items appearing in the budget, submitted to the governing body or bodies, and certify to the county board of taxation the totals of the amount determined to be necessary for each of the following:
a. General fund expenses of schools; or
b. Appropriations to capital reserve account;
and the amounts certified shall be
included in the taxes to be assessed, levied and collected in the municipality
or municipalities for those purposes. For any district submitting a budget in
excess of the maximum T&E budget, the commissioner shall certify a general
fund tax levy pursuant to paragraph (1) of subsection e. of
section 5 of P.L.1996, c.138 (C.18A:7F-5).
(cf: P.L.1996, c.138, s.60)
51. N.J.S.18A:24-12 is amended to read as follows:
18A:24-12. School bonds shall be authorized and may be issued:
a. by a type II district having a board of school estimate whenever the board of school estimate shall fix and determine the amount of money necessary to be raised for any capital project or projects and shall certify said amount pursuant to section 18A:22-30, the board of education may, by resolution, authorize the issuance of bonds to an amount not exceeding the amount so certified for such purpose or purposes; or
b. by a type II district not having a board of school estimate pursuant to a proposal adopted by resolution by the board of education of the district in a principal sum determined therein and upon approval of the proposal contained in such resolution, by the legally qualified voters of the district, upon its submission to them for their approval or rejection at an [annual] nonpartisan municipal, school and fire district election, held after the date of the adoption of said resolution by the board of education, or at a special school election held for that purpose, but no such bonds shall be authorized or issued if the principal sum thereof shall exceed the limitations prescribed in section 18A:24-19 except upon compliance with the provisions of this article applicable thereto.
(cf: N.J.S.18A:24-12)
52. Section 1 of P.L.1993, c.384 (C.18A:38-21.1) is amended to read as follows:
1. a. Notwithstanding the provisions of N.J.S.18A:38-13 and N.J.S.18A:38-21, any board of education which sends students to another school district may terminate a sending-receiving relationship pursuant to the following conditions:
(1) The resident enrollment of the receiving district shall represent more than 95% of the total student enrollment attending the receiving district and the number of students from the sending district who attend the receiving district shall represent less than three percent of the total student enrollment attending the receiving district. Enrollments shall be determined using resident enrollment figures compiled in October of the preceding school year;
(2) The sending district shall agree to join a regional school district subsequent to the termination of its sending-receiving relationship;
(3) Any secondary school student in the sending district at the time of termination of the sending-receiving relationship shall be permitted to complete his secondary education within the receiving district. The sending-receiving relationship shall be continued for these students;
(4) The termination will not significantly disrupt the racial composition of the sending and receiving school districts; and
(5) A petition of the sending district to terminate the sending-receiving relationship has not been denied since January 1, 1988 by the Commissioner of Education, the State Board of Education, or the New Jersey courts for reasons which include the impact on the racial composition of the pupil population of the districts.
b. Any school district which meets the conditions of subsection a. of this section must take final action to terminate its sending-receiving relationship within three years following the effective date of this act.
c. Any school district which has taken final action to terminate its sending-receiving relationship pursuant to this section shall notify the receiving school district no later than December 1 of the school year prior to the school year in which the termination is to occur. Termination of the sending-receiving relationship shall not occur until the sending district has been admitted to an existing regional school district pursuant to N.J.S.18A:13-43 and N.J.S.18A:13-44, or subsection d. of this section, or has become part of a newly formed all purpose regional district pursuant to N.J.S.18A:13-34 and N.J.S.18A:13-35.
d. Notwithstanding the provisions of N.J.S.18A:13-43 and N.J.S.18A:13-44, upon the effective date of P.L.1996, c.91 (C.18A:38-21.1), a school district which meets the conditions of subsection a. of this section shall be admitted to an existing regional school district upon the adoption of a resolution by its board of education and the board of education of the regional school district approving the inclusion of the school district within the regional district. Copies of the resolutions shall be forwarded to the county superintendent or superintendents of the counties in which the districts are situate. The county superintendent or superintendents shall notify the commissioner and the enlargement of the regional district by the admission of the proposed constituent district shall become effective on the 20th day following the adoption of the resolutions.
e. Notwithstanding the provisions of N.J.S.18A:13-8, N.J.S.18A:13-36, and N.J.S.18A:13-46, the board of education of a regional school district which admits a new constituent school district by resolution pursuant to the provisions of subsection d. of this section shall be composed of 11 members unless the regional district consists of more than 11 members. One of the additional board members shall represent the new constituent district and shall be appointed by the county superintendent of the county in which the new constituent district is situate. The second additional member shall be apportioned among the other constituent districts of the regional school district as determined by the county superintendent or superintendents of the county or counties in which the constituent local districts of the enlarged district are situate. The members so appointed shall serve until the first Monday succeeding the first [annual] nonpartisan municipal, school and fire district election of the enlarged regional district and their successors shall be elected at that election.
(cf: P.L.1996, c.91, s.1)
53. N.J.S.18A:42-4 is amended to read as follows:
18A:42-4. No literature which in any manner and in any part thereof promotes, favors or opposes the candidacy of any candidate for election at any [annual] nonpartisan municipal, school and fire district election, or the adoption of any bond issue, proposal, or any public question submitted at any general, nonpartisan municipal [or], school and fire district election shall be given to any public school pupil in any public school building or on the grounds thereof for the purpose of having such pupil take the same to his home or distribute it to any person outside of said building or grounds, nor shall any pupil be requested or directed by any official or employee of the public schools to engage in any activity which tends to promote, favor or oppose any such candidacy, bond issue, proposal, or public question. The board of education of each school district shall prescribe necessary rules to carry out the purposes of this section.
(cf: N.J.S.18A:42-4)
54. Section 12 of P.L.1971, c.271 (C.18A:46-40) is amended to read as follows:
12. On or before the [fourth] second Tuesday in [March] April in each year the board of education of a county special services school district shall prepare and deliver to each member of the board of school estimate an itemized statement of the amount of money estimated to be necessary for the general fund expenses of the county special services school district for the ensuing school year.
(cf: P.L.1993, c.83, s.19)
55. Section 13 of P.L.1971, c.271 (C.18A:46-41) is amended to read as follows:
13. a. Between the [fourth] second Tuesday in [March] April and [April 8] April 15 in each year the board of school estimate shall fix and determine by official action taken at a public meeting of the board the amount of money necessary to be appropriated for the use of the county special services school district for the ensuing school year.
b. The board of school estimate shall, on or before the last named date, make two certificates of the amount, signed by at least three of its members, one of which certificates shall be delivered to the board of education of the county special services school district and the other to the board of chosen freeholders of the county.
c. The board of chosen freeholders shall, upon receipt of the certificate, appropriate, in the same manner as other appropriations are made by it, the amount so certified, and the amount shall be assessed, levied, and collected in the same manner as moneys appropriated for other purposes in the county are assessed, levied, and collected, unless such amount is to be raised as otherwise hereinafter provided in this act.
(cf: P.L.1992, c.159, s.20)
56. N.J.S.18A:54-28 is amended to read as follows:
18A:54-28. On or before the [fourth] second Tuesday in [March] April in each year the board of education of a county vocational school district shall prepare and deliver to each member of the board of school estimate an itemized statement of the amount of money estimated to be necessary for the general fund expenses of the county vocational school district for the ensuing school year. The board of education shall follow the procedures established in section 5 of P.L.1996, c.138 (C.18A:7F-5).
(cf: P.L.1996, c.138, s.80)
57. N.J.S.18A:54-29 is amended to read as follows:
18A:54-29. Between the [fourth] second Tuesday in [March] April and [April 8] April 15 in each year the board of school estimate shall fix and determine by action taken at a public meeting of the board the amount of money necessary to be appropriated for the use of the county vocational school district for the ensuing school year exclusive of the amount to be received from the State as provided in section 18A:54-32. The board of education of the county vocational school district and the board of school estimate shall follow the procedures established in section 5 of P.L.1996, c.138 (C.18A:7F-5).
(cf: P.L.1996, c.138, s.81)
58. (New section) a. Notwithstanding any law, rule or regulation to the contrary, upon the enactment of P.L. , c. (C. ) (now pending before the Legislature as this bill) every member of a district or regional school board in a Type II district serving for a term that ends during the second or third week of May during the year that P.L. , c. (C. )(now pending before the Legislature as this bill) becomes law, or any of the three years thereafter, shall continue to serve in that office until the first or second week after the subsequent nonpartisan municipal, school and fire district election or until a successor to that office is chosen.
b. Every person elected to the office of member of a district or regional school board subsequent to the enactment of P.L. , c. (C. )(now pending before the Legislature as this bill) shall begin their term on any day of the first or second week following the holding of the nonpartisan municipal, school and fire district election in May, pursuant to N.J.S.18A:13-10 as amended by P.L. , c. (C. ) (now pending before the Legislature as this bill).
c. The annual budget of any district or regional school board that is adopted during the year prior to when P.L. , c. (C. ) (now pending before the Legislature) takes effect shall continue in effect until the proposed budget prepared for the year of the enactment of P.L. , c. (C. ) (now pending before the Legislature) is finally adopted at the nonpartisan municipal, school and fire district election or by action of the relevant governing body.
59. R.S.19:1-1 is amended to read as follows:
"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.
"Presidential primary election" means the procedure whereby the members of a political party in this State or any political subdivision thereof elect persons to serve as delegates and alternates to national conventions.
"[Municipal] Nonpartisan municipal, school and fire district election" means: a) an election [to be] held in [and for] a single municipality only, at regular intervals, pursuant to chapters 45, 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 of each year; b) the annual election to be held in and for a local or regional school district on the second Tuesday in May, which has been established pursuant to chapter 8 or chapter 13 of Title 18A of the New Jersey Statutes; and c) the election to be held on the second Tuesday in May in established fire districts for the selection of members thereto and to determine the amount of money to be raised for the operation of the district for the ensuing year and such other matters as may be required.
"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. 2005, c.136, s.1)
60. R.S.19:3-2 is amended to read as follows:
19:3-2. All elective public offices in this State or any of its political subdivisions, except such as are provided by law to be filled at special[,] or nonpartisan municipal [or], school and fire district elections, shall be filled at the general elections as hereinafter provided. All vacancies in public offices to be filled by election, except such as are provided by law to be filled at special or nonpartisan municipal, school and fire district elections, shall be filled at the general elections. All public questions to be voted upon by the people of the entire State and all other public questions, except such as are provided by law to be decided at any other elections, shall be voted upon and decided at the general elections.
(cf: P.L.1995, c.278, s.14)
61. 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, nonpartisan municipal, school and fire district election, 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)
62. R.S.19:8-6 is amended to read as follows:
19:8-6. The county boards in counties of the first class and the municipal clerks in counties other than counties of the first class shall purchase or lease and furnish the proper equipment of polling places, to enable the district boards to carry out the duties imposed upon them by this title. The equipment shall consist of tables, chairs, lights, booths and all other things necessary for the performance of such duties, and shall be ready for use by the district boards in ample time to enable them to perform their duties. Also to be included, for conspicuous display at each polling place on the days of any election during each year, shall be the voting and registration instructions provided by the county board of elections.
The clerks of the several municipalities shall keep in repair, store and deliver the polling booths, ballot boxes and other equipment in time for use by the district boards at the cost and expense of the municipality.
[In case of any election to be held in and for a municipality only, the duties imposed upon the county boards in counties of the first class regarding the equipment of polling places shall devolve upon the clerk of the municipality wherein the election is to be held. Any equipment in possession of the county board may be used in a municipal election upon requisition.]
(cf: P.L.1991, c.429, s.7)
63. R.S.19:12-7 is amended to read as follows:
19:12-7. a. The county board in each county shall cause to be published in a newspaper or newspapers which, singly or in combination, are of general circulation throughout the county, a notice containing the information specified in subsection b. hereof, except for such of the contents as may be omitted pursuant to subsection c. or d. hereof. Such notice shall be published once during the 30 days next preceding the day fixed for the closing of the registration books for the primary election, once during the calendar week next preceding the week in which the presidential primary election or the primary election for the general election is held, as the case may be, once during the 30 days next preceding the day fixed for the closing of the registration books for the general election, and once during the calendar week next preceding the week in which the general election is held.
b. Such notice shall set forth:
(1) For the primary election for the general election:
(a) That a primary election for making nominations for the general election and for the selection of members of the county committees of each political party, will be held on the day and between the hours and at the places provided for by or pursuant to this Title.
(b) The place or places at which and hours during which a person may register, the procedure for the transfer of registration, and the date on which the books are closed for registration or transfer of registration.
(c) The several State, county, municipal and party offices or positions to be filled, or for which nominations are to be made, at such primary election.
(d) The existence of registration and voting aids, including: (i) the availability of registration and voting instructions at places of registration as provided under R.S.19:31-6; and (ii), if available, the accessibility of voter information to the deaf by means of a telecommunications device.
(e) The availability of assistance to a person unable to vote due to blindness, disability or inability to read or write.
(f) In the case of the notice published during the calendar week next preceding the week in which the primary election is held, that a voter who, prior to the election, shall have moved within the same county without (i) filing, on or before the 21st day preceding the election, a notice of change of residence with the commissioner of registration of the county or the municipal clerk of the municipality in which the voter resides on the day of the election, (ii) returning the confirmation notice sent to the voter by the commissioner of registration of the county, if such a notice has been sent to the voter, or (iii) otherwise notifying the commissioner of registration of the voter's change of address within the county shall be permitted to correct the voter's registration and to vote in the primary election by provisional ballot at the polling place of the district in which the voter resides on the day of the election. The notice shall further provide that the voter may contact the county commissioner of registration or municipal clerk to determine the proper polling place location for the voter.
(2) For the general election:
(a) That a general election will be held on the day and between the hours and at the places provided for by or pursuant to this Title.
(b) The place or places at which and hours during which a person may register, the procedure for transfer of registration, and the date on which the books are closed for registration or transfer of registration.
(c) The several State, county and municipal offices to be filled and, except as provided in R.S.19:14-33 of this Title as to publication of notice of any Statewide proposition directed by the Legislature to be submitted to the people, the State, county and municipal public questions to be voted upon at such general election.
(d) The existence of registration and voting aids, including: (i) the availability of registration and voting instructions at places of registration as provided under R.S.19:31-6; and (ii) the accessibility of voter information to the deaf by means of a telecommunications device.
(e) The availability of assistance to a person unable to vote due to blindness, disability or inability to read or write.
(f) In the case of the notice published during the calendar week next preceding the week in which the general election is held, that a voter who, prior to the election, shall have moved within the same county without (i) filing, on or before the 21st day preceding the election, a notice of change of residence with the commissioner of registration of the county or the municipal clerk of the municipality in which the voter resides on the day of the election, (ii) returning the confirmation notice sent to the voter by the commissioner of registration of the county, if such a notice has been sent to the voter, or (iii) otherwise notifying the commissioner of registration of the voter's change of address within the county shall be permitted to correct the voter's registration and to vote in the general election by provisional ballot at the polling place of the district in which the voter resides on the day of the election. The notice shall further provide that the voter may contact the county commissioner of registration or municipal clerk to determine the proper polling place location for the voter.
(3) For a nonpartisan municipal, school and fire district election:
(a) The day, time and place thereof,
(b) The offices, if any, to be filled at the election,
(c) The substance of any public question to be submitted to the voters thereat,
(d) That a voter who, prior to the election, shall have moved within the same county without (i) filing, on or before the 21st day preceding the election, a notice of change of residence with the commissioner of registration of the county or the municipal clerk of the municipality in which the voter resides on the day of the election, (ii) returning the confirmation notice sent to the voter by the commissioner of registration of the county, if such a notice has been sent to the voter, or (iii) otherwise notifying the commissioner of registration of the voter's change of address within the county shall be permitted to correct the voter's registration and to vote in the nonpartisan municipal school and fire district election by provisional ballot at the polling place of the district in which the voter resides on the day of the election,
(e) That if the voter has any questions as to where to vote on the day of the election, the voter may contact the county commissioner of registration or [municipal] county clerk to determine the proper polling place location for the voter; and
(f) Such other information as may be required by law.
(4) "Special school election"
(a)The day, time and place thereof,
(b) The offices, if any, to be filled at the election;
(c) The substance of any public question submitted to the voters thereat,
(d) (d) That a voter who, prior to the election, shall have moved within the same county without (i) filing, on or before the 29th day preceding the election, a notice of change of residence with the commissioner of registration of the county or the municipal clerk of the municipality in which the voter resides on the day of the election, (ii) returning the confirmation notice sent to the voter by the commissioner of registration of the county, if such a notice has been sent to the voter, or (iii) otherwise notifying the commissioner of registration of the voter's change of address within the county shall be permitted to correct the voter's registration and to vote in the special school election by provisional ballot at the polling place of the district in which the voter resides on the day of the election,
(e) That if the voter has any questions as to where to vote on the day of the election, the voter may contact the county commissioner of registration or municipal clerk to determine the proper polling place location for the voter; and
(f) Such other information as may be required by law.
[(4)] 5 For the presidential primary election:
(a) That a primary for the selection of delegates and alternates to national conventions of political parties will be held on the day and between the hours and at the places provided for pursuant to this Title.
(b) The place or places at which and hours during which a person may register, the procedure for the transfer of registration, and the date on which the books are closed for registration or transfer of registration.
(c) The existence of registration and voting aids, including: (i) the availability of registration and voting instructions at places of registration as provided under R.S.19:31-6; and (ii), if available, the accessibility of voter information to the deaf by means of a telecommunications device.
(d) The availability of assistance to a person unable to vote due to blindness, disability or inability to read or write.
c. If such publication is made in more than one newspaper, it shall not be necessary to duplicate in the notice published in each such newspaper all the information required under this section, so long as:
(1) [The municipal officers or party positions to be filled, or nominations made, or municipal public questions to be voted upon by the voters of any municipality, shall be set forth in at least one newspaper having general circulation in such municipality] (Deleted by amendment, P.L. ,c. .);
(2) All offices to be filled, or nominations made therefor, or public questions to be voted upon, by the voters of the entire State or of the entire county shall be set forth in a newspaper or newspapers which, singly or in combination, have general circulation throughout the county;
(3) Information relating to nominations and elections in each Legislative District comprised in whole or part in the county, shall be published in at least a newspaper or newspapers which singly or in combination, have general circulation in every municipality of the county which is comprised in such legislative district.
d. Such part or parts of the original notices as published which pertain to day of registration or primary election which has occurred shall be eliminated from such notice in succeeding insertions.
e. (Deleted by amendment, P.L.1999, c.232.)
f. The cost of publishing the notices required by this section shall be paid by the respective counties, unless otherwise provided for by law.
g. Notices required to be published or posted pursuant to this section shall set forth a general description of the contents of the voter information notice provided for in section 1 of P.L.2005, c.149 (C.19:12-7.1), how the notice may be viewed or obtained prior to the day of an election, and that the notice will be posted in each polling place on the day of an election.
(cf: P.L.2005, c.149, s.2.)
64. Section 8 of P.L.1991, c.249 (C.19:12-9) is amended to read as follows:
8. a. The county board in each county shall cause to be published in a daily newspaper of general circulation throughout the county, a notice containing the information specified in subsection b. hereof. This notice shall be published once on the seventh day preceding the day fixed for a nonpartisan municipal, school and fire district, primary, general or special election and once on the day preceding the day fixed for a nonpartisan municipal, school and fire district election, primary, general or special election.
b. At the top of the notice the words "Public Notice to All Registered Voters of (insert appropriate name) County" shall be printed in at least 30-point bold-faced capital type. Next underneath, the words "You are hereby advised of the following procedure to be used for the (insert appropriate date and type of election) election:" shall be printed in at least 12-point bold-faced type.
The body of the notice shall be printed in at least 10-point bold-faced type and shall set forth:
(1) that any person attempting to vote may be challenged by a duly authorized challenger for a political party or a candidate or on a public question, or by a member of the district board of elections, because the voter's name appears on a challenge list prepared by the superintendent of elections of the county or because the challenger or board member has good cause to believe that the voter is not entitled to vote;
(2) that members of the district board and all duly authorized challengers are prohibited from challenging, delaying or preventing the right to vote of any person because of that person's race, color, national origin, expected manner of casting a vote or residence in a particular ward, housing complex or section of a municipality or county;
(3) the means by which any person who is challenged because that person's name appears on a challenge list prepared by the superintendent of elections of the county may seek to establish the person's right to vote, as provided in R.S.19:32-18;
(4) the means by which any person whose name does not appear on a challenge list prepared by the superintendent of elections of the county but who is challenged by a duly authorized challenger or by a member of the district board of elections may seek to establish the person's right to vote, as provided in section 2 of P.L.1991, c.249 (C.19:15-18.1);
(5) that any challenger who succeeds in denying a voter the right to vote must sign an affidavit stating the reason why the voter is not entitled to vote and must furnish a copy of the affidavit to the challenged voter, as provided in section 3 of P.L.1991, c.249 (C.19:15-18.2);
(6) the legal remedy which any person whose name does not appear on a challenge list prepared by the superintendent but who is challenged by a duly authorized challenger or by a member of the district board of elections and denied the right to vote may use to seek permission to vote, as provided in section 6 of P.L.1991, c.249 (C.19:15-18.3);
(7) that forms to register complaints about the conduct of an election shall be available at each polling place in the county; and
(8) the names of the chairman, secretary, clerk and members of the county board of elections and a telephone number at which they may be reached for more information.
c. In counties in which the primary language of 10% or more of the registered voters is Spanish, two notices containing the information in subsection b. of this section shall appear side-by-side, one in English and one in Spanish. The notices shall be identical in size, content and type face.
d. The cost of publishing the notices required by this section shall be paid by the respective counties.
(cf: P.L.1991, c.249, s.8)
65. R.S.19:14-4 is amended to read as follows:
19:14-4. In the center of the ballot immediately below the perforated line shall be printed in bold-faced type the words "Official general election ballot." Below these words and extending across the ballot shall appear the words: "Name of (municipality), ...................... ward, .................... election district, ...................... date of election, .................. John Doe, county clerk." The blank spaces shall be filled in with the name of the proper municipality, the ward and district numbers and the date of the election. For special school elections the name of the school district and of the municipality or municipalities comprising the district shall also be indicated thereon. The name of the county clerk shall be a facsimile of his signature. Below the last stated words extending across the ballot and at the extreme left shall be printed the words "Instructions to the voter," and immediately to the right there shall be a bracket embracing the following instructions numbered consecutively:
(1) The only kind of a mark to be made on this ballot in voting shall be a cross x, plus + or check.
(2) To mark a cross x , plus +, check or when writing a name on this ballot use only ink or pencil.
(3) To vote for any candidates whose names are printed in any column, mark a cross x , plus + or check in the square at the left of the names of such candidates not in excess of the number to be elected to the office.
(4) To vote for any person whose name is not printed on this ballot, write or paste the name of such person under the proper title of office in the column designated personal choice and mark a cross x , plus + or check in the square to the left of the name so written or pasted.
(5) To vote upon any public question printed on this ballot if in favor thereof, mark a cross x , plus + or check in the square at the left of the word "Yes," and if opposed thereto, mark a cross x , plus + or check in the square at the left of the word "No."
(6) Do not mark this ballot in any other manner than above provided for and make no erasures. Should this ballot be wrongly marked, defaced, torn or any erasure made thereon or otherwise rendered unfit for use return it and obtain another. In presidential years, the following instructions shall be printed upon the general election ballot:
(7) To vote for all the electors of any party, mark a cross x , plus + or check in ink or pencil in the square at the left of the surnames of the candidates for president and vice-president for whom you desire to vote.
Below the above-stated instructions and information and, except when compliance with section 19:14-15 of this Title as to Statewide propositions otherwise requires, three inches below the perforated line and parallel to it, there shall be printed a six-point diagram rule extending across the ballot to within not less than a half inch to the right and left edges of the paper.
(cf: P.L.1995, c.278, s.17)
66. 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 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 nonpartisan municipal, school, and fire district election or a special school 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)
67. Section 6 of P.L.1991, c.249, (C.19:15-18.3) is amended to read as follows:
6. Any person whose name does not appear on a challenge list prepared by the superintendent of elections of the county but who is challenged and denied the right to vote on the day of a nonpartisan municipal, school and fire district, primary, general, or special election by a duly authorized challenger or by a member of a district board of elections, may apply to a Superior Court judge sitting at the county seat for permission to vote. No papers need be filed; the court shall entertain oral applications. The challenged voter may appear pro se or with counsel. The challenger or the member of the district board, as the case may be, may appear or be represented by counsel. The challenged voter shall be permitted to state by oath or affirmation the facts which the voter believes establish eligibility to vote, shall furnish a copy of the affidavit the voter signed when challenged, a copy of the affidavit signed by the challenger and the identifying document found invalid by the challenger and the district board. The rules of evidence shall not apply to those proceedings. The judge shall grant the application and provide the challenged voter with written authorization to vote on that day if the judge finds the following facts to be established by the testimony of the applicant or, in the case of a dispute of facts or some questions as to the challenged voter's credibility, by a preponderance of the following evidence:
a. The challenged voter is at least 18 years old and a citizen of the United States and of this State, has resided in the county at least 30 days prior to the date of the election, and has not been convicted of a crime which would disenfranchise a person under the laws of this State, and either:
b. The challenged voter is properly registered at his location; or
c. The challenged voter was properly registered at his location as of the last election at which the challenged voter voted but has moved to another location within the county since then and in good faith attempted to register at the new address within the time prescribed by law.
For the purposes of this section, a good faith attempt to register shall include: completing the prescribed registration form no later than 21 days before the election in the presence of a person who appears to be over 18 years old and says that he or she can and will witness the form and mail it to the register for the applicant; completing a form received in the mail from the commissioner of registration, superintendent of elections or the county board which states that information has been received that the applicant has moved and placing the completed form in a proper mailbox with proper postage, if necessary, no later than 21 days before the election; completing a registration form in any government office; and reasonably relying upon the oral statements of an official at a polling place that they will insure proper reregistration.
The judge of the Superior Court having the application shall cause a full record of the proceeding to be taken stenographically, transcribed and filed in the office of the county clerk of the county, which record shall be open and public record. All costs and expenses of such proceedings shall be paid by the county.
(cf: P.L.2005, c.139, s.5)
68. R.S.19:17-3 is amended to read as follows:
19:17-3. After the district board shall have made up and certified such statements, it shall at the same time and with the ballot boxes, as hereinafter provided, deliver or safely transmit one of the statements to the clerk of the municipality wherein such election is held, who shall forthwith file the same. In counties having a superintendent of elections one of such statements shall forthwith be filed with the superintendent of elections of the county. The superintendent may arrange to accept such certificates in such municipality within the county at the office of the clerk of such municipality or some other convenient place. Any municipal clerk who shall refuse to permit such superintendent or his deputies or assistants access to his office for the purpose of collecting such certificates or any municipal clerk or other person who shall interfere or obstruct the superintendent, his deputies or assistants in the collection of such certificates, or any member of a district board who shall willfully fail or refuse to deliver such statement to the superintendent, his deputies or assistants as the case may be, shall be guilty of a crime of the fourth degree. In all counties the board shall, immediately after election, deliver or safely transmit another of the statements to the clerk of the county, who shall forthwith file the same.
For a nonpartisan municipal, school and fire district election a statement shall [also] be delivered to the board of education of the district holding the election and to the county superintendent of schools in the county in which the district is situated, both of which shall also receive a statement following a special school election, and a statement shall be delivered to the clerk of the board of fire commissioners in each fire district holding a fire district election.
If officers were voted for or public questions were voted upon at the election by the voters of the entire State or of more than one county thereof, or of a congressional district, then the board shall, immediately after the election, inclose, seal up and transmit the fourth statement to the Attorney General by mail in stamped envelopes to be furnished by the Attorney General, addressing the same in the following manner: "To the Attorney General of New Jersey, Trenton, New Jersey." Upon receiving such statements the Attorney General shall forthwith file the same in his office.
(cf: P.L.2005, c.154, s.4).
69. Section 13 of P.L.1995, c.105 (C.19:27A-13) is amended to read as follows:
13. a. (1) If the recall election official determines that a petition contains the required number of signatures and otherwise complies with the provisions of this act and if the official sought to be recalled makes no timely challenge to that determination, or if the official makes such a challenge but the original determination is confirmed by the recall election official or the court, the recall election official shall forthwith issue a certificate as to the sufficiency of the petition to the recall committee. A copy of the certificate shall be served by the recall election official on the elected official sought to be recalled by personal service or certified mail. If, within five business days of service of the certification, the official has not resigned from office, the recall election official shall order and fix the holding of a recall election on the date indicated in the certificate.
(2) In the case of an office which is ordinarily filled at the general election, a recall election shall be held at the next general election occurring at least 55 days following the fifth business day after service of the certification, unless it was indicated in the notice of intention that the recall election shall be held at a special election in which case the recall election official shall order and fix the date for holding the recall election to be the next Tuesday occurring during the period beginning with the 55th day and ending on the 61st day following the fifth business day after service of the certification of the petition or, if that Tuesday falls on, or during the 28-day period before or after, a day on which any general, primary, nonpartisan municipal, school and fire district election or other recall election is to be held or shall have been held within all or any part of the jurisdiction, then the first Tuesday thereafter which does not fall within such period. In the case of an office which is ordinarily filled at an election other than the general election, a recall election shall be held at the next general election or the next regular election for that office occurring at least 55 days following the fifth business day after service of the certification, unless it was indicated in the notice of intention that the recall election shall be held at a special election in which case the recall election official shall order and fix the date for holding the recall election to be the next Tuesday occurring during the period beginning with the 55th day and ending on the 61st day following the fifth business day after service of the certification of the petition or, if that Tuesday falls on, or during the 28-day period before or after, a day on which any general, primary, nonpartisan municipal, school and fire district election or other recall election is to be held or shall have been held within all or any part of the jurisdiction, then the first Tuesday thereafter which does not fall within such period. A recall election to be held at a special election shall not be scheduled on the same day as a primary election. The date for a recall election shall not be fixed, and no recall election shall be held, after the date occurring six months prior to the general election or regular election for the office, as appropriate, in the final year of an official's term.
(3) A vacancy in an elective office resulting from the resignation of an elective official sought to be recalled prior to the expiration of the five-day period shall be filled in the manner provided by law for filling vacancies in that office.
b. The certificate issued by the recall election official shall contain:
(1) the name and office of the official sought to be recalled;
(2) the number of signatures required by law to cause a recall election to be held for that office;
(3) a statement to the effect that a valid recall petition, determined to contain the required number of signatures, has been filed with the recall election official and that a recall election will be held; and
(4) the date and time when the election will be held if the official does not resign.
c. The recall election official shall transmit a copy of the certificate to the officer or public body designated by law to be responsible for publishing notice of any other election to be held in the jurisdiction on the same day as the recall election, and that officer or body shall cause notice of the recall election, including all of the information contained in the certificate as prescribed by subsection b. of this section, to be printed in a newspaper published in the jurisdiction of the official sought to be recalled or, if none exists, in a newspaper generally circulated in the jurisdiction. The notice of the recall election shall appear on the same schedule applicable to the notice of such other election. In the event that the recall election is to be held as a special election, the recall election official shall transmit a copy of the certificate to the county board or boards of elections, and the county board or boards shall cause notice of the recall election to be printed, in the manner hereinbefore prescribed, once during the 30 days next preceding the day fixed for the closing of the registration books for the recall election and once during the calendar week next preceding the week in which the recall election is held.
(cf: P.L.1995, c.105, s.13)
70. R.S.19:31-2 is amended to read as follows:
19:31-2. In all counties having a superintendent of elections, the superintendent of elections is hereby constituted the commissioner of registration and in all other counties the secretary of the county board is hereby constituted the commissioner of registration.
The commissioner of registration shall have complete charge of the registration of all eligible voters within their respective counties. Pursuant to the provisions of section 2 of P.L.2005, c.145 (C.19:31-32), the commissioner of registration shall be responsible for adding to, deleting from, amending and maintaining the records of persons registered to vote in the commissioner's county contained in the Statewide voter registration system established pursuant to section 1 of that act.
The commissioner of registration shall have power to appoint temporarily, and the commissioner of registration in counties of the first class having more than 800,000 inhabitants shall have power to appoint on a permanent, or temporary basis, such number of persons, as in the commissioner's judgment may be necessary in order to carry out the provisions of this Title. All persons appointed by the commissioner of registration in counties of the first class having more than 850,000 inhabitants according to the latest federal decennial census to serve for terms of more than six months in any one year shall be in the career service of the civil service and shall be appointed, and hold their positions, in accordance with the provisions of Title 11A, Civil Service. All persons appointed by the commissioner of registration in counties of the first class having more than 600,000 but less than 850,000 inhabitants according to the latest federal decennial census to serve for terms of more than six months in any one year, other than the chief deputy and chief clerk and confidential secretary and chief custodian, shall be in the career service of the civil service and shall be appointed and hold their positions, in accordance with the provisions of Title 11A, Civil Service. Persons appointed by the commissioner of registration in such counties to serve for terms of six months or less in any one year and persons appointed by the commissioner of registration shall not be subject to any of the provisions of Title 11A, Civil Service, but shall be in the unclassified service.
In each county the commissioner of registration shall submit to the Attorney General on or before February 15 of each year a plan providing for evening registration for the primary election and on or before July 1 plans providing for evening registration for the general election, which plans shall be subject to approval by the Attorney General. Evening registration shall be made available in the office of each commissioner of registration between the hours of 4 p.m. and 9 p.m. on the 21st day preceding the primary and general elections and, in any year in which nonpartisan municipal, school and fire district elections are to be held in any municipality within the county, on the 21st day preceding [those municipal] the elections.
In each county, the commissioner of registration may also establish a plan for out-of-office registration, including door-to-door registration.
Nothing in this section shall preclude the commissioner from providing pursuant to plan evening registration in excess of the requirements of this section, or shall preclude or in any way limit out-of-office registration conducted by persons or groups other than the commissioner.
The commissioner of registration shall provide such printed forms, blanks, supplies and office telephone and transportation equipment as are necessary in the opinion of the commissioner to carry out the provisions of this Title and any amendments or supplements thereto.
Subject to the limitations set forth in chapter 32 of this Title, all necessary expenses incurred, as and when certified and approved by the commissioner of registration shall be paid by the county treasurer of the county.
Nothing in the provisions of subtitle 2 of the Title, Municipalities and Counties (R.S.40:16-1 et seq.), shall in anywise be construed to affect, restrict or abridge the powers herein conferred on the commissioners of registration of the several counties.
All powers granted to the commissioner in all counties not having superintendents of elections by the provisions of this Title are hereby conferred on the county board in such counties and any and all duties conferred upon the commissioner in all counties not having a superintendent of elections by the provisions of this Title shall only be exercised and performed by such commissioner under the instructions and directions of and subject to the approval of the county board of such counties.
(cf: P.L.2005, c.145, s.7)
71. Section 9 of P.L.1991, c.249 (C.19:32-4.1) is amended to read as follows:
9. On the day of every nonpartisan municipal, school and fire districts, primary, presidential primary, general, special [or annual] school election the superintendent of elections in counties having a superintendent of elections or the county board of elections in all other counties shall provide to each polling place in the county sufficient numbers of a form on which voters or persons attempting to vote may register any complaint regarding the conduct of the election at the polling place where they voted or attempted to vote. In counties in which the primary language of 10% or more of the registered voters is Spanish, the form for the complaint shall appear in both English and Spanish. The form shall protect the anonymity of the complainant, if that person so wishes, and shall be accompanied by an envelope with the proper postage and the name and address of the superintendent of elections of the county or the chairman of the county board of elections, as the case may be. A complaint may be used by the superintendent of elections or any other municipal or State investigatory agency to conduct an investigation into possible violation of the State election law. Copies of the form containing the complaint shall be available from the superintendent of elections or the county board of elections, as the case may be. The original form of the complaint, or a copy, shall be kept on file with the superintendent of elections or the county board of elections, as the case may be, for two years after the election for which it was filed.
(cf: P.L.2005, c.136, s.47)
72. R.S.19:32-5 is amended to read as follows:
19:32-5. Such superintendents and their assistants, in order to enforce the laws of this state regarding the conduct of elections, shall investigate all complaints relating to the registration of voters, and for that purpose the superintendents and their assistants shall have full power and authority to visit and inspect any house, dwelling, building, inn, lodging house or hotel and interrogate any inmate, house-dweller, keeper, caretaker, owner, proprietor or landlord thereof or therein as to any person or persons residing or claiming to reside therein or thereat; to inspect and copy any books, records, papers or documents relating to or affecting the elections, either general, special, primary or nonpartisan municipal, school and fire district, or the registration of voters in the custody and control of district boards, county boards, or the clerks or other officers of municipalities; to require every lodging-house keeper, landlord or proprietor to exhibit his register of lodgers therein at any time to the superintendent, his subordinates or any other person so designated by such superintendent.
Any person who neglects or refuses to furnish any information required or authorized by this title, or to exhibit the records, papers, or documents herein authorized to be inspected, or which are required to be exhibited, [shall be] is guilty of a [misdemeanor] crime of the fourth degree.
(cf: P.L.2005, c.154, s.10)
73. R.S.19:32-10 is amended to read as follows:
19:32-10. In respect to each general, primary, nonpartisan municipal, school and fire district election and special election, the superintendent shall prepare for each election district in the county a challenge list containing the names, alphabetically arranged, and the addresses of all persons who have lost the right to register from the addresses within such election district from which they registered at the last preceding election. Such challenge list shall be delivered to the respective district boards in such municipalities at least one-half hour before the commencement of registration. The chairman of the respective district boards shall challenge the registration of any person applying to them for registration under any name on such challenge list, unless it shall affirmatively appear after strict examination of the voter, and, if necessary, of others, that such voter is domiciled at a new address within the election district. At the close of the last day of registration, the challenge list with the remarks of the district board or of any member or members thereof to be noted thereon shall be signed and certified as
true by each member of the respective district boards and returned to the superintendent in a sealed envelope provided therefor.
After the last day of registration and before each general, primary, nonpartisan municipal, school and fire district election and special election, the superintendent shall also prepare for each election district a challenge list containing the names, alphabetically arranged, and addresses of all persons registered in the district whom he believes or has reason to suspect are not entitled to vote at the election in the district. Such challenge list shall be delivered to the respective district boards at least one-half hour before the opening of the polls at each election. The chairman of the respective district boards shall challenge the vote of any person presenting himself to vote under any name on the challenge list. The challenge list shall contain a column headed "remarks," and the chairman of the respective district boards shall enter therein opposite the names on such list whether any person applying to vote under any name thereon who was challenged was allowed to vote, and the reason for allowing him to vote.
All persons whose names appear on any challenge list before being allowed to vote shall subscribe to an affidavit on forms supplied by the superintendent to the respective district boards together with the challenge list. Any members of the district boards are hereby empowered to take such affidavits. The affidavit shall show that the affiant is eligible to vote in that district and shall set forth the place of his residence, the fact that he actually resides at that place, the length of time of such residence, and also all the facts necessary to qualify him as a voter under the constitution of this State. A copy of the affidavit signed by the challenged voter shall be given to the affiant. At the close of the polls the affidavits shall be returned to the superintendent in an envelope provided therefor and they shall be preserved in the office of the superintendent.
If a person applying to vote under any name on the challenge list is challenged and does not vote, there shall be entered opposite his name in such column the words "challenged, but did not vote." If no person applies to vote under any name on such challenge list, there shall be noted opposite each such name in such column the words "no application." At the close of the polls the challenge list shall be signed and certified as true by each member of the respective district boards and returned to the superintendent of the county in a sealed envelope provided therefor.
If a person applying to vote is challenged and denied the right to vote because that person's name appears on a challenge list prepared by the superintendent of elections, that challenged voter may apply to a Superior Court judge sitting at the county seat for permission to vote, as provided in R.S.19:32-18.
The superintendent, concurrently with delivering the challenge lists, shall deliver to the commissioner a true copy, certified by him as correct, of each challenge list delivered by him pursuant to this section to each district board in municipalities having permanent registration.
The superintendent shall prepare duplicates of all challenge lists provided for in this section, and shall keep duplicate challenge lists on file in his office from the time of their preparation until the close of the third general election following their preparation. The original challenge lists shall also be kept on file for two years after the general election following their preparation. All such challenge lists shall be open to inspection by any citizen at any time the superintendent's office is open for business.
(cf: P.L.1991, c.249, s.7)
74. Section 5 of P.L.1947, c.167, (C.19:32-30) is amended to read as follows:
5. Such superintendents and their assistants, in order to enforce the laws of this State regarding the conduct of elections, shall investigate all complaints relating to the registration of voters, and for that purpose the superintendents and their assistants shall have full power and authority to visit and inspect any house, dwelling, building, inn, lodging house or hotel and interrogate any inmate, house-dweller, keeper, caretaker, owner, proprietor or landlord thereof or therein as to any person or persons residing or claiming to reside therein or thereat; to inspect and copy any books, records, papers or documents relating to or affecting the elections, either general, special, primary or nonpartisan municipal, school and fire district or the registration of voters in the custody and control of district boards, county boards, or the clerks or other officers of municipalities; to require every lodging-house keeper, landlord or proprietor to exhibit his register of lodgers therein at any time to the superintendent, his subordinates or any other person so designated by such superintendent.
Any person who neglects or refuses to furnish any information required or authorized by this Title, or to exhibit the records, papers, or documents herein authorized to be inspected, or which are required to be exhibited, [shall be] is guilty of a disorderly persons offense.
(cf: P.L.2005, c.154, s.15)
75. Section 8 of P.L.1973, c.83 (C.19:44A-8) is amended to read as follows:
8. a. (1) Each political committee shall make a full cumulative report, upon a form prescribed by the Election Law Enforcement Commission, of all contributions in the form of moneys, loans, paid personal services, or other things of value made to it and all expenditures made, incurred, or authorized by it in furtherance of the nomination, election or defeat of any candidate, or in aid of the passage or defeat of any public question, or to provide political information on any candidate or public question, during the period ending 48 hours preceding the date of the report and beginning on the date on which the first of those contributions was received or the first of those expenditures was made, whichever occurred first. The cumulative report, except as hereinafter provided, shall contain the name and mailing address of each person or group from whom moneys, loans, paid personal services or other things of value have been contributed since 48 hours preceding the date on which the previous such report was made and the amount contributed by each person or group, and where the contributor is an individual, the report shall indicate the occupation of the individual and the name and mailing address of the individual's employer. In the case of any loan reported pursuant to this subsection, the report shall contain the name and mailing address of each person who has cosigned such loan since 48 hours preceding the date on which the previous such report was made, and where an individual has cosigned such loans, the report shall indicate the occupation of the individual and the name and mailing address of the individual's employer. The cumulative report shall also contain the name and address of each person, firm or organization to whom expenditures have been paid since 48 hours preceding the date on which the previous such report was made and the amount and purpose of each such expenditure. The cumulative report shall be filed with the Election Law Enforcement Commission on the dates designated in section 16 hereof.
The campaign treasurer of the political committee reporting shall certify to the correctness of each report.
Each campaign treasurer of a political committee shall file written notice with the commission of a contribution in excess of $500 received during the period between the 13th day prior to the election and the date of the election, and of an expenditure of money or other thing of value in excess of $500 made, incurred or authorized by the political committee to support or defeat a candidate in an election, or to aid the passage or defeat of any public question, during the period between the 13th day prior to the election and the date of the election. The notice of a contribution shall be filed in writing or by telegram within 48 hours of the receipt of the contribution and shall set forth the amount and date of the contribution, the name and mailing address of the contributor, and where the contributor is an individual, the individual's occupation and the name and mailing address of the individual's employer. The notice of an expenditure shall be filed in writing or by telegram within 48 hours of the making, incurring or authorization of the expenditure and shall set forth the name and mailing address of the person, firm or organization to whom or which the expenditure was paid and the amount and purpose of the expenditure.
(2) When a political committee or an individual seeking party office makes or authorizes an expenditure on behalf of a candidate, it shall provide immediate written notification to the candidate of the expenditure.
b. (1) A group of two or more persons acting jointly, or any corporation, partnership, or any other incorporated or unincorporated association including a political club, political action committee, civic association or other organization, which in any calendar year contributes or expects to contribute at least $2,500.00 to the aid or promotion of the candidacy of an individual, or of the candidacies of individuals, for elective public office or the passage or defeat of a public question or public questions and which expects to make contributions toward such aid or promotion, or toward such passage or defeat, during a subsequent election shall certify that fact to the commission, and the commission, upon receiving that certification and on the basis of any information as it may require of the group, corporation, partnership, association or other organization, shall determine whether the group, corporation, partnership, association or other organization is a continuing political committee for the purposes of this act. If the commission determines that the group, corporation, partnership, association or other organization is a continuing political committee, it shall so notify that continuing political committee.
No person serving as the chairman of a political party committee or a legislative leadership committee shall be eligible to be appointed or to serve as the chairman of a continuing political committee.
(2) A continuing political committee shall file with the Election Law Enforcement Commission, not later than April 15, July 15, October 15 and January 15 of each calendar year, a cumulative quarterly report of all moneys, loans, paid personal services or other things of value contributed to it during the period ending on the 15th day preceding that date and commencing on January 1 of that calendar year or, in the case of the cumulative quarterly report to be filed not later than January 15, of the previous calendar year, and all expenditures made, incurred, or authorized by it during the period, whether or not such expenditures were made, incurred or authorized in furtherance of the election or defeat of any candidate, or in aid of the passage or defeat of any public question or to provide information on any candidate or public question.
The cumulative quarterly report shall contain the name and mailing address of each person or group from whom moneys, loans, paid personal services or other things of value have been contributed and the amount contributed by each person or group, and where an individual has made such contributions, the report shall indicate the occupation of the individual and the name and mailing address of the individual's employer. In the case of any loan reported pursuant to this subsection, the report shall contain the name and address of each person who cosigns such loan, and where an individual has cosigned such loans, the report shall indicate the occupation of the individual and the name and mailing address of the individual's employer. The report shall also contain the name and address of each person, firm or organization to whom expenditures have been paid and the amount and purpose of each such expenditure. The treasurer of the continuing political committee reporting shall certify to the correctness of each cumulative quarterly report.
Each continuing political committee shall provide immediate written notification to each candidate of all expenditures made or authorized on behalf of the candidate.
If any continuing political committee submitting cumulative quarterly reports as provided under this subsection receives a contribution from a single source of more than $500 after the final day of a quarterly reporting period and on or before a primary, general, nonpartisan municipal, school and fire district election or special election which occurs after that final day but prior to the final day of the next reporting period it shall, in writing or by telegram, report that contribution to the commission within 48 hours of the receipt thereof, including in that report the amount and date of the contribution; the name and mailing address of the contributor; and where the contributor is an individual, the individual's occupation and the name and mailing address of the individual's employer. If any continuing political committee makes or authorizes an expenditure of money or other thing of value in excess of $500, or incurs any obligation therefor, to support or defeat a candidate in an election, or to aid the passage or defeat of any public question, after March 31 and on or before the day of the primary election, or after September 30 and on or before the day of the general election, it shall, in writing or by telegram, report that expenditure to the commission within 48 hours of the making, authorizing or incurring thereof.
A continuing political committee which ceases making contributions toward the aiding or promoting of the candidacy of an individual, or of the candidacies of individuals, for elective public office in this State or the passage or defeat of a public question or public questions in this State shall certify that fact in writing to the commission, and that certification shall be accompanied by a final accounting of any fund relating to such aiding or promoting including the final disposition of any balance in such fund at the time of dissolution. Until that certification has been filed, the committee shall continue to file the quarterly reports as provided under this subsection.
c. Each political party committee and each legislative leadership committee shall file with the Election Law Enforcement Commission, not later than April 15, July 15, October 15 and January 15 of each calendar year, a cumulative quarterly report of all moneys, loans, paid personal services or other things of value contributed to it during the period ending on the 15th day preceding that date and commencing on January 1 of that calendar year or, in the case of the cumulative quarterly report to be filed not later than January 15, of the previous calendar year, and all expenditures made, incurred, or authorized by it during the period, whether or not such expenditures were made, incurred or authorized in furtherance of the election or defeat of any candidate, or in aid of the passage or defeat of any public question or to provide information on any candidate or public question.
The cumulative quarterly report shall contain the name and mailing address of each person or group from whom moneys, loans, paid personal services or other things of value have been contributed and the amount contributed by each person or group, and where an individual has made such contributions, the report shall indicate the occupation of the individual and the name and mailing address of the individual's employer. In the case of any loan reported pursuant to this subsection, the report shall contain the name and address of each person who cosigns such loan, and where an individual has cosigned such loans, the report shall indicate the occupation of the individual and the name and mailing address of the individual's employer. The report shall also contain the name and address of each person, firm or organization to whom expenditures have been paid and the amount and purpose of each such expenditure. The treasurer of the political party committee or legislative leadership committee reporting shall certify to the correctness of each cumulative quarterly report.
If a political party committee or a legislative leadership committee submitting cumulative quarterly reports as provided under this subsection receives a contribution from a single source of more than $500 after the final day of a quarterly reporting period and on or before a primary, general, nonpartisan municipal, school and fire district election or special election which occurs after that final day but prior to the final day of the next reporting period it shall, in writing or by telegram, report that contribution to the commission within 48 hours of the receipt thereof, including in that report the amount and date of the contribution; the name and mailing address of the contributor; and where the contributor is an individual, the individual's occupation and the name and mailing address of the individual's employer. If a political party committee or a legislative leadership committee submitting cumulative quarterly reports as provided under this subsection makes or authorizes an expenditure of money or other thing of value in excess of $800, or incurs any obligation therefor, to support or defeat a candidate in an election, or to aid the passage or defeat of any public question, after March 31 and on or before the day of the primary election, or after September 30 and on or before the day of the general election, it shall, in writing or by telegram, report that expenditure to the commission within 48 hours of the making, authorizing or incurring thereof.
d. In any report filed pursuant to the provisions of this section the organization or committee reporting may exclude from the report the name of and other information relating to any contributor whose contributions during the period covered by the report did not exceed $300, provided, however, that (1) such exclusion is unlawful if any person responsible for the preparation or filing of the report knew that it was made with respect to any person whose contributions relating to the same election or issue and made to the reporting organization or committee aggregate, in combination with the contribution in respect of which such exclusion is made, more than $300 and (2) any person who knowingly prepares, assists in preparing, files or acquiesces in the filing of any report from which the identification of a contributor has been excluded contrary to the provisions of this section is subject to the provisions of section 21 of this act, but (3) nothing in this proviso shall be construed as requiring any committee or organization reporting pursuant to this act to report the amounts, dates or other circumstantial data regarding contributions made to any other organization or political committee, political party committee or campaign organization of a candidate.
Any report filed pursuant to the provisions of this section shall include an itemized accounting of all receipts and expenditures relative to any testimonial affairs held since the date of the most recent report filed, which accounting shall include the name and mailing address of each contributor in excess of $300 to such testimonial affair and the amount contributed by each; in the case of an individual contributor, the occupation of the individual and the name and mailing address of the individual's employer; the expenses incurred; and the disposition of the proceeds of such testimonial affair.
The $300 limit established in this subsection shall remain as stated in this subsection without further adjustment by the commission in the manner prescribed by section 22 of P.L.1993, c.65 (C.19:44A-7.2).
(cf: P.L.2004, c.33, s.1)
76. R.S.19:45-5 is amended to read as follows:
19:45-5. All costs, charges and expenses incurred by the municipal clerk or any other officer or official of a municipality in carrying out the provisions of this title shall be paid by such municipality except as herein otherwise provided.
Where any election is held in and for a municipality only, other than a nonpartisan municipal, school and fire district election, all costs, charges and expenses, including the compensation of the members of the district boards of the municipality and the compensation and expenses of the county board and the clerk thereof, for such elections, shall be paid by the municipality.
(cf: R.S.19:45-5)
77. 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 nonpartisan municipal, school and fire district 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 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 special school 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.2005, c.136, s.48)
78. 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] Nonpartisan municipal, school and fire district election" means: a) an election [to be] held in [and for] a single municipality only, at regular intervals, pursuant to chapters 45, 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 of each year; b) the annual election to be held in and for a local or regional school district on the second Tuesday in May, which has been established pursuant to chapter 8 or chapter 13 of Title 18A of the New Jersey Statutes; and c) the election to be held on the second Tuesday in May in established fire districts for the selection of members thereto and to determine the amount of money to be raised for the operation of the district for the ensuing year and such other matters as may be required;
"Pertinent equipment" means channels, rollers, compensators, lockouts, pins and shutters used in connection with voting machines.
(cf: P.L.1945, c.59, s.1)
79. Section 2 of P.L.1945, c.59 (C.19:48-3.16) is amended to read as follows:
2. The purpose of this act is to provide a method of establishing a uniform system of voting, by voting machines in all election districts, at any nonpartisan municipal, school and fire district election, in municipalities in which voting machines have been installed, pursuant to the provisions of the act to which this act is a supplement, for use in part of, but not in all of, such election districts.
(cf: P.L.1945, c.59, s.2)
80. Section 3 of P.L.1945, c.59 (C.19:48-3.17) is amended to read as follows:
3. In any case in which voting machines have been so installed for use in part of, but not in all of, the election districts of any municipality in any county of the first or second class, thereby preventing the holding of any such nonpartisan municipal, school and fire district election in such municipality with the use of voting machines in all election districts, in accordance with the provisions of law relating to elections where voting machines are used, the superintendent of elections of any such county having a superintendent of elections or the county board of elections of any such county of the second class, if there be no superintendent of elections, as the case may be, may rent from any other county or counties in which voting machines have been installed under any law other than the act to which this act is a supplement, as many voting machines and any pertinent equipment as, in his or its judgment, shall be necessary to carry out the purpose of this act by providing voting machines for use in all of such election districts in such municipality at any nonpartisan municipal, school and fire district election to be held therein; provided, however, that all voting machines so rented shall conform substantially to the type of voting machines already installed for use in such municipality.
(cf: P.L.1947, c.168, s.29)
81. Section 4 of P.L.1945, c.59 (C.19:48-3.18) is amended to read as follows:
4. Such superintendent of elections or such county board of elections, as the case may be, of the county in which such municipality is located, is hereby authorized and empowered, in behalf and in the name of the county in which the voting machines are to be used, to enter into an agreement with the board of chosen freeholders of the county owning such machines, which board is also hereby authorized and empowered to enter into such an agreement, for the rental of such machines and any pertinent equipment for use at any such nonpartisan municipal, school and fire district election, upon the following terms and upon such additional terms as may be mutually agreed upon, and any such agreement made pursuant to the provisions of this act shall be binding upon the respective counties:
a. The rental rate for each machine and any pertinent equipment accompanying the same shall not exceed five dollars ($5.00);
b. The machines and any pertinent equipment rented shall be transported entirely at the expense of the county in which the same are to be used;
c. The board of chosen freeholders of the county from which the machines are rented shall cause the counters within all machines rented to be set at zero (000) at least fifteen days before the date of the nonpartisan municipal, school and fire district election in which the machines are to be used;
d. The machines and any pertinent equipment rented, after delivery thereof to such superintendent of elections or such county board of elections, as the case may be, shall, except when being transported and when actually at the polling places, be stored in a suitable place which shall be a fireproof building in the county in which such municipality is located;
e. The machines and any pertinent equipment rented shall be returned to their usual place of storage in the county from which they are rented not later than twenty days after the nonpartisan municipal, school and fire district election in which they are to be used, with the counter within each machine set at zero (000);
f. The machines and any pertinent equipment rented shall be duly returned to the place of storage thereof in the county from which they are rented in the same condition as when leaving such place; and any partial or total damage done to any machine or pertinent equipment from any cause whatever, between the time of leaving such place of storage and its return thereto, shall be repaired or replaced at the expense of the county in which the same are to be used.
(cf: P.L.1945, c.59, s.4)
82. Section 5 of P.L.1945, c.59 (C.19:48-3.19) is amended to read as follows:
5. In the event such an agreement is made, such superintendent of elections or such county board of elections, as the case may be, shall, before the thirtieth day prior to the date of the nonpartisan municipal, school and fire district election for which the voting machines have been so rented, certify in writing to the municipal clerk of the municipality in which such election is to be held that at least one voting machine will be provided for each election district of such municipality for use at such election.
(cf: P.L.1945, c.59, s.5)
83. Section 6 of P.L.1945, c.59 (C.19:48-3.20) is amended to read as follows:
6. Upon receipt of such certification, such municipal clerk shall proceed to prepare and furnish to such superintendent of elections or such county board of elections, as the case may be, at least seven days before any such election, official ballots of the type and in the number required by law for use in voting machines, and shall make such other arrangements as are necessary to hold such nonpartisan municipal, school and fire district election by the use of voting machines in all election districts of such municipality, in accordance with the provisions of law relating to elections where voting machines are used, and such election shall in all respects be so held and conducted.
(cf: P.L.1945, c.59, s.6)
84. R.S.19:49-4 is amended to read as follows:
19:49-4. a. (1) The officer or officers whose duty it may be under this subtitle to provide and furnish official ballots for any polling place where a voting machine is to be used shall also provide [2] two sample ballots or more, or instruction ballots, which sample or instruction ballot shall be arranged in the form of a diagram showing such portion of the face of the voting machine as it will appear after the official ballots are arranged thereon or therein for voting on election day. Such sample or instruction ballots shall be open to the inspection of all voters on election day, in all elections where voting machines are used.
(2) For election districts in which the primary language of 10% or more of the registered voters is Spanish, the officer or officers whose duty it may be under this subtitle to provide and furnish official ballots for any polling place where a voting machine is to be used shall also provide [2] two sample ballots or more, or instruction ballots, printed bilingually in English and Spanish. Such sample or instruction ballots shall be open to the inspection of all voters on election day, in appropriate election districts, in all elections where voting machines are used.
b. There shall be furnished a sufficient number of sample ballots printed entirely in black ink, a facsimile of the face of the machine, of a reduced size, one of which sample ballots shall be mailed to each registered voter, except that for election districts in which the primary language of 10% or more of the registered voters is Spanish, sample ballots printed bilingually in English and Spanish shall be mailed to each registered voter. Any reference to sample ballot envelopes in any section of this Title to the contrary notwithstanding, in all counties where voting machines are used and wherein the commissioner of registration has the facilities to mail out sample ballots direct to the registrants of such county and has elected so to do, as otherwise in this Title provided, the commissioner of registration in any such county may request the county clerk of such county to have the sample ballots prepared in the manner following:
(1) The county clerk shall have said sample ballots for all general and special elections printed in such manner that, when folded, the words "Official General Election Sample Ballot" or as the case may be, shall 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 his mail by delivery to his 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 2 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 such additional words that conform with United States Postal regulations that will prevent such 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.
(2) The county clerk in drawing the specifications for the printing of the official primary ballots shall include the requirement that the municipal clerks shall have primary sample ballots printed in such manner that, when folded, the words "Official Primary Election Sample Ballot" shall 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 his mail by delivery to his 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 2 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 such additional words that conform with United States Postal regulations that will prevent such 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.
(3) Five sample ballots shall be posted as now required by law.
c. For all general, nonpartisan municipal, school and fire district elections and special elections the county clerk, and for all primary [and municipal] elections the municipal clerks, shall, at least 30 days preceding any such election, make the arrangements necessary to be made with the postmaster or postmasters in their respective counties and municipalities to have the said sample ballots mailed under the postal laws and regulations, and forthwith notify the said commissioner of registration in writing to that effect.
(cf: P.L.1974, c.30, s.14)
85. Section 10 of P.L.1992, c.3 (C.19:53B-1) is amended to read as follows:
10. a. The county clerk [or the municipal clerk, in the case of a municipal election,] shall prepare an emergency ballot box packet which shall include the appropriate number of emergency ballots, the appropriate number of pre-punched single-hole white envelopes, and two tally sheets, each with a carbon duplicate copy attached. The custodian of the voting machines shall prepare and place in each emergency ballot box an emergency ballot box packet and an envelope containing a numbered white seal and a numbered red seal. The envelope shall contain, on its face, the instructions for the use of the seals, the number and the election district location of the voting machine to which the ballot box is attached, and the identification numbers of the white and red seals that were placed in the envelope. The emergency ballot box shall be sealed with a numbered green security seal before being shipped to each election district as provided in R.S.19:48-6.
b. For the primary for the general election, the emergency ballots shall be printed on paper of a color that matches the color of the voting authority, which shall indicate the party primary of the voter. The emergency ballots shall be uniform in size, quality and type and of a thickness that the printing thereon cannot be distinguished from the back of the paper, and without any mark, device or figure on the front or back other than as provided in this amendatory and supplementary act, P.L.1992, c.3 (C.19:53B-1 et al.).
The clerk of the county [or municipality] having custody of the emergency ballots shall prepare each emergency ballot package with a minimum of 30 emergency ballots for each political party. If the clerk determines, based upon the number of registered voters with party affiliations, that an election district shall require more than 30 emergency ballots per party primary, additional emergency ballots shall be delivered to that election district.
c. For the general election the emergency ballots shall be printed on paper of the color of the voting authority. The emergency ballots shall be uniform in size, quality and type and of a thickness that the printing thereon cannot be distinguished from the back of the paper, and without any mark, device or figure on the front or back other than as provided in this amendatory and supplementary act.
The clerk of the county [or municipality] shall prepare each emergency ballot package with a minimum of 30 emergency ballots. If the clerk determines that an election district shall require more than 30 emergency ballots based on the number of registered voters, additional emergency ballots shall be delivered to that election district.
d. For the nonpartisan municipal, school fire district election the emergency ballots shall be printed in ink. The emergency ballots shall be uniform in size, quality and type and of a thickness that the printing thereon cannot be distinguished from the back of the paper, and without any mark, device or figure on the front or back other than as provided in this amendatory and supplementary act.
The clerk of the county shall prepare each emergency ballot package with a minimum of 30 emergency ballots. If the clerk determines that an election district shall require more than 30 emergency ballots based on the number of registered voters, additional emergency ballots shall be delivered to that election district.
(cf: P.L.1992, c.3, s.10)
86. Section 7 of P.L.1999, c.232 (C.19:53C-1) is amended to read as follows:
7. a. (1) The county clerk [or the municipal clerk, in the case of a municipal election,] shall arrange for the preparation of a provisional ballot packet for each election district. It shall include the appropriate number of provisional ballots, the appropriate number of envelopes with an affirmation statement, the appropriate number of written notices to be distributed to voters who vote by provisional ballot and one provisional ballot inventory form affixed to the provisional ballot bag. The clerk shall arrange for the preparation of and placement in each provisional ballot bag of a provisional ballot packet and an envelope containing a numbered seal. The envelope shall contain, on its face, the instructions for the use of the seal, the number and the election district location of the provisional ballot bag, and the identification numbers of the seal placed in the envelope. Each provisional ballot bag shall be sealed with a numbered security seal before being forwarded to the appropriate election district.
(2) Each provisional ballot bag and the inventory of the contents of each such bag shall be delivered to the designated polling place no later than the opening of the polls on the day of an election.
b. The county clerk [or the municipal clerk, in the case of a municipal election,] shall arrange for the preparation of the envelope, affirmation statement, and written notice that is to accompany each provisional ballot. The envelope shall be of sufficient size to accommodate the provisional ballot, and the affirmation statement shall be affixed thereto in a manner that enables it to be detached once completed and verified by the county commissioner of registration. The statement shall require the voter to provide the voter's name, and to indicate whether the voter is registered to vote in a county but has moved within that county since registering to vote; or is registered to vote in the election district in which that polling place is located but the voter's registration information is missing or otherwise deficient. The statement shall further require the voter to provide the voter's most recent prior voter registration address and address on the day of the election and date of birth. The statement shall include the statement: "I swear or affirm, that the foregoing statements made by me are true and correct and that I understand that any fraudulent voting may subject me to a fine of up to $15,000, imprisonment up to five years or both, pursuant to R.S.19:34-11." It shall be followed immediately by spaces for the voter's signature and printed name, and in the case of a name change, the voter's printed old and new name and a signature for each name, the date the statement was completed, political party affiliation, if used in a primary election, and the name of the person providing assistance to the voter, if applicable. Each statement shall also note the number of the election district, or ward, and name of the municipality at which the statement will be used. The Attorney General shall prepare for inclusion in the affirmation statement language for the voter to submit the information required in the registration form described in section 16 of P.L.1974, c.30 (C.19:31-6.4) in order to enable the county commissioner of registration to process the statement as a voter registration application, which shall be valid for future elections if the individual who submitted the provisional ballot is determined not to be a registered voter. The Attorney General shall also prepare and shall provide language for any written instructions necessary to assure proper completion of the statement.
The written notice shall contain information to be distributed to each voter who votes by provisional ballot. The notice shall state that, if the voter is a mail-in registrant voting for the first time in his or her current county of residence following registration and was given a provisional ballot because he or she did not provide required personal identification information, the voter shall be given until the close of business on the second day after the election to provide identification to the applicable county commissioner of registration, and the notice shall contain a telephone number at which the commissioner may be contacted. The notice shall further state that failure to provide the required personal identification information within that time period shall result in the rejection of the ballot. The notice shall state that pursuant to section 4 of P.L.2004, c.88 (C.19:61-4), any individual who casts a provisional ballot will be able to ascertain under a system established by the State whether the ballot was accepted for counting, and if the vote was not counted, the reason for the rejection of the ballot. The notice shall include instructions on how to access such information.
c. For the primary for the general election, the provisional ballots shall be printed in ink on paper of a color that matches the color of the voting authority, which shall indicate the party primary of the voter. The provisional ballots shall be uniform in size, quality and type and of a thickness that the printing thereon cannot be distinguished from the back of the paper, and without any mark, device or figure on the front or back other than as provided in P.L.1999, c.232 (C.19:53C-1 et seq.). Each such ballot shall include near the top thereof and in large type the designation PROVISIONAL BALLOT. In all other respects, the provisional ballots shall conform generally to the other ballots to be used in the election district for the primary election.
The clerk of the county [or municipality] shall arrange for the preparation of each provisional ballot package with an appropriate number of provisional ballots for each political party, a corresponding number of envelopes with affirmation statements, and a corresponding number of written notices. Additional provisional ballots, envelopes, and notices shall be available for delivery to that election district on the day of the election, if necessary.
d. For the general election the provisional ballots shall be printed in ink. The provisional ballots shall be uniform in size, quality and type and of a thickness that the printing thereon cannot be distinguished from the back of the paper, and without any mark, device or figure on the front or back other than as provided in this act. Each such ballot shall include near the top thereof and in large type the designation PROVISIONAL BALLOT. In all other respects, the provisional ballots shall conform generally to the other ballots to be used in the election district for the general election.
The clerk of the county [or municipality] shall arrange for the preparation of each provisional ballot package with an appropriate number of provisional ballots, a corresponding number of envelopes with affirmation statements, and a corresponding number of written notices. Additional provisional ballots, envelopes, and notices shall be available for delivery to that election district on the day of the election, if necessary.
e. For a nonpartisan municipal, school and fire district election and for a special election the provisional ballots shall be printed in ink. The provisional ballots shall be uniform in size, quality and type and of a thickness that the printing thereon cannot be distinguished from the back of the paper, and without any mark, device or figure on the front or back other than as provided in this act. Each such ballot shall include near the top thereof and in large type the designation PROVISIONAL BALLOT. In all other respects, the provisional ballots shall conform generally to the other ballots to be used in the election district for the nonpartisan municipal, school and fire district election and for a special school election.
The clerk of the county shall arrange for the preparation of each provisional ballot package with an appropriate number of provisional ballots, a corresponding number of envelopes with affirmation statements, and a corresponding number of written notices. Additional provisional ballots, envelopes, and notices shall be available for delivery to that election district on the day of the election, if necessary.
f. Following the effective date of P.L.2004, c.88 (C.19:61-1 et al.), a provisional ballot that requires the voter to punch out a hole in the ballot as a means of recording the voter's vote shall not be used in any election in this State.
g. For the presidential primary election, the provisional ballots shall be printed in ink on paper of a color that matches the color of the voting authority, which shall indicate the party of the voter. The provisional ballots shall be uniform in size, quality and type and of a thickness that the printing thereon cannot be distinguished from the back of the paper, and without any mark, device or figure on the front or back other than as provided in P.L.1999, c.232 (C.19:53C-1 et al.). Each such ballot shall include near the top thereof and in large type the designation PROVISIONAL BALLOT. In all other respects, the provisional ballots shall conform generally to the other ballots to be used in the election district for the primary election for the general election.
The clerk of the county or municipality shall arrange for the preparation of each provisional ballot package with an appropriate number of provisional ballots for each political party and a corresponding number of envelopes with affirmation statements. Additional provisional ballots and envelopes shall be available for delivery to that election district on the day of the election, if necessary.
(cf: P.L.2005, c.154, s.56)
87. Section 2 of P.L.1953, c.211 (C.19:57-2) is amended to read as follows:
2. Whenever used in this act, the following terms shall, unless the context indicates otherwise, be construed to have the following meanings:
"Absentee ballot" means any military service ballot or civilian absentee ballot as herein defined.
"Absentee voter" means any person qualified to vote a military service ballot or a civilian absentee ballot under the provisions of this act.
"Armed Forces of the United States" means any branch or department of the United States Army, Navy, Air Force, Coast Guard or Marine Corps.
"Civilian absentee ballot" means a ballot for use by a civilian absentee voter as prescribed by this act.
"Civilian absentee voter" means any qualified and registered voter of the State who wants to vote by absentee ballot.
"Election," "general election," "primary election for the general election," "presidential primary election," "nonpartisan municipal, school and fire district election," "special school election," and "special election" shall mean, respectively, such elections as defined in the Title to which this is a supplement (R.S.19:1-1 et seq.).
"Family member" means an adult who is a spouse, parent, child, grandparent, grandchild or sibling of a voter, whether by adoption or natural relationship. It shall also include any adult occupant regularly living with a voter in any residential building or part of a building intended for the use of no more than one family.
"Incapacitated absentee voter" means a voter who, due to incapacity, is unable to complete his ballot.
"Military service" means active service by any person, as a member of any branch or department of the United States Army, Navy, Air Force, Coast Guard or Marine Corps, or as a member of the maritime or merchant marine service, or as a reservist undergoing training under Army, Navy, Air Force, Coast Guard or Marine Corps direction.
"Military service voter" means a qualified elector under the Constitution and the laws of this State who comes within one of the following categories:
(a) Persons in the military service and their spouses and dependents.
(b) Patients in a veterans' hospital who have been in the military service in any war in which the United States has been engaged and have been discharged or released from such service.
(c) Civilians attached to or serving with the Armed Forces of the United States and their spouses and dependents when residing with or accompanying them.
"Military service ballot" means a ballot for use by a military service voter as prescribed by this act.
"Member of the maritime or merchant marine service" means any person employed as an officer or crew member of a vessel documented under the laws of the United States, or a vessel owned by the United States, or a vessel of foreign-flag registry under charter to or control of the United States or enrolled with the United States for employment or training for employment, or maintained by the United States for emergency relief service as an officer or crew member of any such vessel or any such person as otherwise defined in section 107 of Pub.L.99-410, the "Uniformed and Overseas Citizens Absentee Voting Act," (42 U.S.C. s. 1973ff-6).
(cf: P.L.2005, c.138, s.1)
88. Section 7 of P.L.1953, c.211 (C.19:57-7) is amended to read as follows:
7. The county clerk of the county, in the case of any Statewide election, countywide election, or nonpartisan municipal, school and fire district election [in a regional or other school district comprising more than one municipality; the clerk of the municipality, in the case of any municipal election or school election in a school district comprising a single municipality;] and the commissioners or other governing or administrative body of the district, in the case of any election to be held in any [fire district,] road district, sewerage district, street lighting district, water supply district or other special district, other than a municipality, created for specified public purposes within one or more municipalities, shall publish or cause to be published the following notices in substantially the following forms:
NOTICE TO MILITARY SERVICE VOTERS AND
TO THEIR RELATIVES AND FRIENDS
If you are in the military service, or the spouse or dependent of a person in military service or are a patient in a veterans' hospital or a civilian attached to or serving with the Armed Forces of the United States without the State of New Jersey, or the spouse or dependent of and accompanying or residing with a civilian attached to or serving with the Armed Forces of the United States, and desire to vote, or if you are a relative or friend of any such person who, you believe, will desire to vote in the ..................................... (nonpartisan municipal, school and fire district, special school, [municipal,] primary, general or other) election to be held on ......................... (date of election) kindly write to the undersigned at once making application for a military service ballot to be voted in said election to be forwarded to you, stating your name, age, serial number if you are in military service, home address and the address at which you are stationed or can be found, or if you desire the military service ballot for a relative or friend then make application under oath for a military service ballot to be forwarded to him, stating in your application that he is over the age of 18 years and stating his name, serial number if he is in military service, home address and the address at which he is stationed or can be found.
Military service voters may also apply for a military service ballot by sending a federal postcard application form to the undersigned.
On the application for a military service ballot, military service voters may request that a military service ballot be sent for all subsequent elections held during this calendar year.
(NOTE: MILITARY SERVICE VOTER CLAIMING MILITARY STATION AS HOME ADDRESS FOR VOTING PURPOSES MAY NOT USE MILITARY ABSENTEE BALLOT UNLESS REGISTERED TO VOTE IN THE MUNICIPALITY WHERE SUCH STATION IS LOCATED.)
Forms of application other than federal postcard application forms can be obtained from the undersigned. Dated ...............
......................................
(signature and title of county clerk)
......................................
(address of county clerk)
NOTICE TO PERSONS DESIRING CIVILIAN ABSENTEE BALLOTS
If you are a qualified and registered voter of the State who expects to be absent outside the State on ...............(date of election) or a qualified and registered voter who will be within the State on ........................... (date of election) but because of permanent and total disability, or because of illness or temporary physical disability, or because of the observance of a religious holiday pursuant to the tenets of your religion, or because of resident attendance at a school, college, or university, or because of the nature and hours of employment, will be unable to cast your ballot at the polling place in your district on said date, and you desire to vote in the ......................... (nonpartisan municipal, school, and fire district, special school [municipal], primary, general, or other) election to be held on ................. (date of election) kindly complete the application form below and send to the undersigned, or write or apply in person to the undersigned at once requesting that a civilian absentee ballot be forwarded to you. Such request must state your home address, and the address to which said ballot should be sent, and must be signed with your signature, and state the reason why you will not be able to vote at your usual polling place. No civilian absentee ballot will be furnished or forwarded to any applicant unless request therefor is received not less than seven days prior to the election, and contains the foregoing information.
Voters who are permanently and totally disabled shall, after their initial request and without further action on their part, be forwarded an absentee ballot application by the county clerk for all future elections in which they are eligible to vote. Permanently and totally disabled voters also have the option of indicating on their absentee ballot applications that they would prefer to receive absentee ballots for each election that takes place during the remainder of this calendar year. Permanently and totally disabled voters who exercise this option will be furnished with absentee ballots for each election that takes place during the remainder of this calendar year, without further action on their part. Application forms may be obtained by applying to the undersigned either in writing or by telephone, or the application form provided below may be completed and forwarded to the undersigned. Dated..........................
.....................................................
(signature and title of county clerk)
....................................
(address of county clerk)
....................................
(Telephone No. of county clerk)
APPLICATION FORM FOR CIVILIAN
ABSENTEE BALLOT
(Form to be prepared by the [Attorney General] Attorney General pursuant to section 17 of P.L.1977, c.47 (C.19:57-4.1)).
Such notices shall be separately published prior to the 50th day immediately preceding the holding of any election.
Notices relating to any Statewide or countywide election shall be published by the county clerk in at least two newspapers published in the county. All other officials charged with the duty of publishing such notices shall publish the same in at least one newspaper published in each municipality or district in which the election is to be held or if no newspaper be published in said municipality or district, then in a newspaper published in the county and circulating in such municipality, municipalities or district. All such notices shall be display advertisements.
(cf: P.L.2005, c.138, s.4)
89. Section 1 of P.L.1967, c.148 (C.19:57-11.1) is amended to read as follows:
1. In any case in which a military service ballot or civilian absentee ballot is mailed to a military service voter or civilian absentee voter for use in any [ annual district or regional district] nonpartisan municipal, school and fire district election pursuant to an application therefor and thereafter a special district school election is called pursuant to section 18:7-81 of the Revised Statutes or section 1 of chapter 96 of the laws of 1954 (C.18:8-16.1), the county clerk shall cause a military service ballot or civilian absentee ballot for use in [said] the special [district or regional district] school election to be mailed to the military service voter or
civilian absentee voter, as the case may be, without any further application for any such ballot.
(cf: P.L.1967, c.148, s.1)
90. Section 3 of P.L.1995, c.275 (C.19:60-3) is amended to read as follows:
3. a. Notwithstanding the provisions of R.S.19:6-1, for special school elections 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] 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 special school elections. Such a designation shall be based on the casting of no more than 500 ballots during each of the two preceding [annual] special school elections by the voters of the election districts for which that polling place is designated. If, at two consecutive [annual] special 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 special school 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 special school elections.
(cf: P.L.1996, c.3, s.1)
91. Section 4 of P.L.1995, c.275 (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 school election 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.
(cf: P.L.1995, c.278, s.4)
92. Section 9 of P.L1995, c.278 (C.19:60-9) is amended to read as follows:
9. The ballot for a special 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 special 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 special 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 special 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 special school election[, as follows: in the case of the annual school election, 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.
(cf: P.L.2001, c.26, s.2)
93. Section 11 of P.L.1995, c.278 (C.19:60-11) is amended to read as follows:
11. The district board of election shall, for any special school election, utilize a poll list instead of the signature copy register. The poll list shall be arranged in a column or columns appropriately headed so as to indicate the election, the date thereof, and the school district and election district in which the same is used, in such a manner that each voter voting in the polling place at the election may sign the voter's name and state the voter's address therein and the number of the voter's official ballot may be indicated opposite the signature. The district board shall compare the signature in the poll lists with that in the signature copy registers before accepting the ballot.
If one polling place is designated for two or more election districts pursuant to subsection b. of section 3 of P.L.1995, c.278 (C.19:60-3), the provisions of this section shall apply to the members of the district boards of election designated to serve as the election officers at the polling place for those election districts. The signature copy registers for those election districts shall be provided to those election officers.
(cf: P.L.1996, c.3, s.2)
94. Section 12 of P.L.1995, c.278 (C.19:60-12) is amended to read as follows:
12. [All] For a special school election, 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, and the clerk of the county[, and the municipal clerks for any school 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 a special school [elections] election 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).
95. R.S.40:45-4 is amended to read as follows:
40:45-4. When there exists in this state any municipality or any district or subdivision thereof, except school and fire districts, whose inhabitants or legal voters are authorized or required to meet annually for the purpose of voting appropriations of money for any purpose, to be raised by taxation, such annual meeting, unless now provided by law to be held between January first and March first, shall be held on the third Saturday in February, so that appropriations so voted may be certified to the county board of taxation on or before March first.
(cf: R.S.40:45-4)
96. Section 2 of P.L.1981, c.379 (C.40:45-6) is amended to read as follows:
2. This act shall govern all municipalities having adopted a plan or form of government, or a charter, which provides for the election of municipal officers at regular municipal elections held on the second Tuesday in May, including municipalities holding regular municipal elections under the "Optional Municipal Charter Law," P.L.1950, c.210 (C.40:69A-1 et seq.), under the "commission form of government law" (R.S.40:70-1 et seq.), under the "municipal manager form of government law" N.J.S.40A:63-8, under the "village form of government" (R.S.40:157-16 et seq.), or under any plan or form of government, or charter, hereafter authorized which provides for the holding of regular municipal elections at that time. This act shall govern these municipalities only with respect to the [time, manner and method] date of election of municipal officers. Except in the case of a run-off election, as provided for by section 14 of P.L.1981, c.379 (C.40:45-18), the time, manner and method of such election shall be pursuant to sections 1 through 17 of P.L. , c. (C. ) (now pending before the Legislature as this bill). The officers to be elected, and their number, the length of their terms 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.
As used in P.L. c. (C. )(now pending before the legislature as this bill), the terms "regular municipal election" and "municipal election" mean the nonpartisan municipal election part of the nonpartisan municipal, school and fire district election held on the second Tuesday in May.
(cf: P.L.1995, c.97, s.1)
97. 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 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. )(now pending before the Legislature as this bill)
As used in P.L. , c.
(C. )(now pending before the Legislature as this bill), the terms
"regular municipal election" and "municipal election" mean
the nonpartisan municipal election part of the nonpartisan municipal, school and
fire district election held
on the second Tuesday in May.
(cf: P.L.1981, c.379, s.30)
98. 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. )(now pending before the Legislature as this bill)
As used in P.L. , c. (C. )(now pending before the Legislature as this bill), the terms "regular municipal election" and "municipal election" mean the nonpartisan municipal election part of the nonpartisan municipal, school and fire district election held on the second Tuesday in May.
(cf: P.L.1983, c.183, s.1)
99. 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. )(now 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.
(cf: P.L.1983, c.183, s.2)
100. R.S.40:81-4 is amended to read as follows:
40:81-4. The members of the first municipal council shall be elected at the municipal election held on the fourth Tuesday after the adoption of this subtitle and shall serve as members of the council from twelve o'clock noon of the fourth Tuesday following such election until twelve o'clock noon of July 1 in the fourth year thereafter, save in those cases in which the terms of some of the members of the council shall expire at twelve o'clock noon on July 1 in each year in accordance with the provisions of article 3 of chapter 84 of this title (R.S. 40:84-9 et seq.), and until their successors shall have been elected and duly qualified, unless their places shall have become vacant. 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. ) (now pending before the before the Legislature as this bill).
(cf: P.L.1981, c.379, s.21)
101. 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] four years and until their successors shall have been elected and duly qualified or unless their places become vacant. The term of office of [councilmen] council members 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. )(now pending before the Legislature as this bill)
As used in P.L. , c. (C. )(now pending before the Legislature as this bill), the terms "regular municipal election" and "municipal election" mean the nonpartisan municipal election part of the nonpartisan municipal, school and fire district election held on the second Tuesday in May.
(cf: P.L.1981, c.427, s.3)
102. 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 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. ) (now pending before the Legislature as this bill).
(cf: P.L.1981, c.379, s.25)
103. 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. )(now pending before the Legislature as this bill) shall be held on the second Tuesday in May 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.
As used in P.L. , c. (C. )(now pending before the Legislature as this bill), the terms "regular municipal election" and "municipal election" mean the nonpartisan municipal election part of the nonpartisan municipal, school and fire district election held on the second Tuesday in May.
(cf: P.L.1981, c.379, s.26)
104. N.J.S.40A:14-70 is amended to read as follows:
40A:14-70. In any municipality not having a paid or part-paid fire department and force, the governing body, upon application of at least 5% of the registered voters or 20 legal voters, whichever is the greater, shall consider the designation of a fire district. Upon receipt of the application, the governing body shall fix a time and place for a hearing thereon. The municipal clerk shall advertise the notice of the hearing in a newspaper circulating in the county wherein the municipality is located at least once and not less than 10 days prior to the hearing. After the hearing the governing body shall determine the question of designation of a fire district. If the governing body decides that the designation of a fire district is appropriate, it, by ordinance, shall designate a territorial location or locations for use as a fire district or fire districts and, by resolution, provide for the election of a board of fire commissioners for the district or each district, to consist of five persons, residents therein, and specify the date, time and place for the election of the first board.
The district or each district shall be assigned a number and the commissioners thereof and their successors shall be a body corporate, to be known as "the commissioners of fire district No. . . . . . in . . . . . . (name of municipality), county of . . . . . . . . . . (name of county)." The said body corporate shall have the power to acquire, hold, lease, sell or otherwise convey in its corporate name such real and personal property as the purposes of the corporation shall require. All sales and leases of real and personal property shall be in accordance with the provisions of section 13 or 14, as appropriate, of the "Local Lands and Buildings Law," P.L.1971, c.199 (C.40A:12-13 or 40A:12-14). Said body corporate may adopt and use a corporate seal, sue or be sued and shall have such powers, duties and functions as are usual and necessary for said purposes.
On the date and at the time and place specified for the election of the first board the clerk of the municipality shall conduct the election and shall preside at the meeting until the board shall have been elected.
At the first meeting of a newly elected board of fire commissioners of a district the board shall choose a chairman [and fix the place for the annual election]. The members of the board shall divide themselves by lot into three classes: the first to consist of two members whose terms shall expire at 12 o'clock noon on the first Tuesday in [March] June of the year following the year in which the first board is elected; the second, two members whose terms shall expire at 12 o'clock noon on the first Tuesday in [March] June of the second year following that year; and the third, one member whose term shall expire at 12 o'clock noon on the first Tuesday in [March] June of the third year following that year. The terms of fire commissioners in each class, other than members of the first board, shall expire at 12 o'clock noon on the first Tuesday in [March] June of the third year following the year in which they were elected.
Any vacancy in the membership shall be filled by the remaining members until the next succeeding annual election, at which time a resident of the district shall be elected for the unexpired term.
(cf: P.L.1991, c.223, s.1)
105. N.J.S.40A:14-72 is amended to read as follows:
40A:14-72. [An election] The fire district part of the nonpartisan municipal, school and fire district elections shall be held annually on the [third Saturday] second Tuesday in [February] May in each established fire district for the [election of] purpose of electing members of the board according to the expiration of terms. The initial election for a newly created fire district [may] shall take place on [another] that same date [as a governing body may specify under N.J.S.40A:14-70, but the annual election thereafter shall be held on the third Saturday in February]. The place of the election [shall be determined by the board and], a notice thereof, and of the closing date for the filing with the county clerk [of the board] of petitions of nomination for membership on the board, shall be [published at least once in a newspaper circulating in the district, at least six weeks prior to the date fixed for the election. Fire districts located in the same municipality may combine the publication of their notices of election. For the purpose of this section, "notices of election" shall include the notices required to be published under section 7 of P.L.1953, c.211 (C.19:57-7)] as provided for by sections 1 through 17 of P.L. , c. (C. )(now pending before the Legislature as this bill).
The legal voters thereat shall determine the amount of money to be raised for the ensuing year and determine such other matters as may be required.
(cf: P.L.1994, c.181, s.1)
106. (New section) a. 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. )(now pending before the Legislature as this bill) takes effect shall be extended until the first Tuesday in June of that same year. Any candidate to fill the office of commissioner that year shall be voted for at the nonpartisan municipal, school and fire district election held that year and shall take office on the first Tuesday in June next occurring.
b. The annual budget of any fire district that is adopted during the year prior to when P.L. , c. (C. )(now pending before the Legislature) takes effect shall continue in effect until the proposed budget prepared for the year of the enactment of P.L. , c. (C. ) (now pending before the Legislature) is finally adopted at the nonpartisan municipal, school and fire district election or by action of the relevant governing body.
107. R.S.54:4-45 is amended to read as follows:
54:4-45. The clerk or other proper officer of each school district in which the annual appropriations for school purposes to be raised by taxation, are voted by the inhabitants of the school district, shall, on or before [May 19] June 9 in each year, transmit to the county board of taxation a certified statement of the amount of moneys appropriated for school purposes, which shall include interest to be paid, principal payments of indebtedness, and sinking fund requirements for the school year for which such appropriations are made, to be raised by taxation in the school district.
(cf: P.L.1995, c.94, s.3)
108. R.S.54:4-52 is amended to read as follows:
54:4-52. The county board of taxation shall, on or before [May 20] June 10, fill out a table of aggregates copied from the duplicates of the several assessors and the certifications of the Director of the Division of Taxation relating to second-class railroad property, and enumerating the following items:
(1) The total number of acres and lots assessed;
(2) The value of the land assessed;
(3) The value of the improvements thereon assessed;
(4) The total value of the land and improvements assessed, including:
a. Second-class railroad property;
b. All other real property.
(5) The value of the personal property assessed, stating in separate columns:
a. Value of household goods and chattels assessed;
b. Value of farm stock and machinery assessed;
c. Value of stocks in trade, materials used in manufacture and other personal property assessed under section 54:4-11;
d. Value of all other tangible personal property used in business assessed.
(6) Deductions allowed, stated in separate columns:
a. Household goods and other exemptions under the provisions of section 54:4-3.16 of this Title;
b. Property exempted under section 54:4-3.12 of this Title.
(7) The net valuation taxable;
(8) Amounts deducted under the provisions of sections 54:4-49 and 54:4-53 of this Title or any other similar law (adjustments resulting from prior appeals);
(9) Amounts added under any of the laws mentioned in subdivision 8 of this section (like adjustments);
(10) Amounts added for equalization under the provisions of sections 54:3-17 to 54:3-19 of this Title;
(11) Amounts deducted for equalization under the provisions of sections 54:3-17 to 54:3-19 of this Title;
(12) Net valuation on which county, State and State school taxes are apportioned;
(13) The number of polls assessed;
(14) The amount of dog taxes assessed;
(15) The property exempt from taxation under the following special classifications:
a. Public school property;
b. Other school property;
c. Public property;
d. Church and charitable property;
e. Cemeteries and graveyards;
f. Other exemptions not included in foregoing classifications subdivided showing exemptions of real property and exemptions of personal property;
g. The total amount of exempt property.
(16) State road tax;
(17) State school tax;
(18) County taxes apportioned, exclusive of bank stock taxes;
(19) Local taxes to be raised, exclusive of bank stock taxes, subdivided as follows:
a. District school tax;
b. Other local taxes.
(20) Total amount of miscellaneous revenues, including surplus revenue appropriated, for the support of the taxing district budget, which, for a municipality operating under the State fiscal year, shall be the amounts for the fiscal year ending June 30 of the year in which the table is prepared;
(21) District court taxes;
(22) Library tax;
(23) Bank stock taxes due taxing district;
(24) Tax rate for local taxing purposes to be known as general tax rate to apply per $100.00 of valuation, which general tax rate shall be rounded up to the nearest one-half penny after receipt in any year of a municipal resolution submitted to the county tax board on or before April 1 of that tax year requesting that the general tax rate be rounded up to the nearest one-half penny.
For municipalities operating under the State fiscal year, the amount for local municipal purposes shall be the amount as certified pursuant to section 16 of P.L.1994, c.72 (C.40A:4-12.1). The table shall also include a footnote showing the amount raised by taxation for municipal purposes as shown in the State fiscal year budget ending June 30 of the year the table is prepared.
In addition to the above such other matters may be added, or such changes in the foregoing items may be made, as may from time to time be directed by the Director of the Division of Taxation. The forms for filling out tables of aggregates shall be prescribed by the director and sent by him to the county treasurers of the several counties to be by them transmitted to the county board of taxation. Such table of aggregates shall be correctly added by columns and shall be signed by the members of the county board of taxation and shall within three days thereafter be transmitted to the county treasurer who shall file the same and forthwith cause it to be printed in its entirety and shall transmit certified copy of same to the Director of the Division of Taxation, the State Auditor, the Director of the Division of Local Government Services in the Department of Community Affairs, the clerk of the board of freeholders, and the clerk of each municipality in the county.
(cf: P.L.1995, c.345, s.1)
109. R.S.54:4-55 is amended to read as follows:
54:4-55. The county board of taxation shall, on or before [June 3] June 16 in each year, cause the corrected, revised and completed duplicates, certified by it to be a true record of the taxes assessed, to be delivered to the collectors of the various taxing districts in the county, and the tax lists shall remain in the office of the board as a public record. Thereafter neither the assessor nor the collector shall make or cause to be made any change or alteration in the tax duplicate except as may be provided by law.
(cf: P.L.1995, c.94, s.5)
110. R.S.54:4-64 is amended to read as follows:
54:4-64. a. As soon as the tax duplicate is delivered to the collector of the taxing district, as provided in R.S.54:4-55, he shall at once begin the work of preparing, completing, mailing or otherwise delivering tax bills to the individuals assessed, and shall complete that work on or before [June 14] June 27. He shall also, at least two months before the first installment of taxes for the calendar year falls due, prepare and mail, or otherwise deliver to the individuals assessed, a tax bill for such following first and second installments, computed as provided in R.S.54:4-66. When any individual assessed has authorized the collector to mail or otherwise deliver his tax bill to a mortgagee or any other agent, the collector shall, at the same time, mail or otherwise deliver a duplicate tax bill to the individual assessed and shall print across the face of such duplicate tax bill the following inscription: "This is not a bill -- for advice only." The validity of any tax or assessment, or the time at which it shall be payable, shall not be affected by the failure of a taxpayer to receive a tax bill, but every taxpayer is put on notice to ascertain from the proper official of the taxing district the amount which may be due for taxes or assessments against him or his property.
b. As provided in subsection a. of this section, a mortgagor as the individual assessed for property taxes or other municipal charges with respect to the property securing a mortgage loan, may authorize the tax collector to mail or otherwise deliver his tax bill to a mortgagee or servicing organization. This tax authorization form shall be assignable in the event the mortgagee or servicing organization sells, assigns or transfers the servicing of the mortgage loan to another mortgagee or servicing organization.
c. The tax collector of the taxing district shall, upon receipt of a written request from a mortgagee or servicing organization on a form approved by the commissioner, mail or otherwise deliver a mortgagor's tax bill to a property tax processing organization. The commissioner shall provide by regulation for a procedure by which the tax collector of a taxing district may request the Director of the Division of Local Government Services in the Department of Community Affairs to review the appropriateness of the request to mail or otherwise deliver a mortgagor's tax bill to a property tax processing organization.
d. If a mortgagee, servicing organization, or property tax processing organization requests a duplicate copy of a tax bill, the tax collector of a taxing district shall issue a duplicate copy and may charge a maximum of $5 for the first duplicate copy and a maximum of $25 for each subsequent duplicate copy of the same tax bill in the same fiscal year, the actual charge being set by municipal ordinance. The commissioner shall promulgate regulations to effectuate the provisions of this subsection d. which regulations shall include a procedure by which a mortgagee, servicing organization, or property tax processing organization may appeal and be reimbursed for the amount it has paid for a duplicate copy of a tax bill, or any part thereof.
e. As used in subsections a., b., c., and d. of this section, "mortgagee," "mortgagor," "mortgage loan," "servicing organization" and "property tax processing organization" shall have the same meaning as the terms have pursuant to section 1 of P.L.1990, c.69 (C.17:16F-15).
(cf: P.L.2007, c.62, s.33)
111. Section 3 of P.L.1994, c.72 (C.54:4-66.2) is amended to read as follows:
3. a. Notwithstanding any provision of law, rule or regulation to the contrary, whenever a municipal governing body determines that the municipal tax collector will be unable to complete the mailing or delivery of tax bills in a municipality operating under a calendar fiscal year by [June 14] June 27 or in a municipality operating under the State fiscal year by [June 14] June 27 or December 1, as appropriate, because the county board of taxation has not certified a tax levy, or for any other reason, subject to regulations promulgated by the Local Finance Board, the governing body may direct, by resolution, the collector to prepare, complete, mail or otherwise deliver as soon as practicable to each individual assessed, or as provided in R.S.54:4-64 to the individual's mortgagee or servicing organization, estimated and reconciled tax bills in accordance with the procedures set forth in section 4 or 5, as appropriate, of P.L.1994, c.72 (C.54:4-663 or C.54:4-66.4).
b. Except as otherwise provided for by this section, an estimated tax bill and a reconciled tax bill issued pursuant to subsection a. of this section shall be considered the same as a regular tax bill with regard to other laws governing tax bills.
c. An estimated tax bill issued pursuant to this section may be used by a mortgagee or servicing organization in calculating the anticipated disbursements from mortgage escrow accounts as provided in section 6 of P.L.1990, c.69 (C.17:16F-20).
d. Notwithstanding anything in Title 54 of the Revised Statutes to the contrary, a municipality shall not issue more than four quarterly installment tax bills, whether estimated or final, during any calendar year. This subsection shall not apply to bills for added or omitted assessments.
(cf: P.L.1994, c.72, s.3)
112. Section 4 of P.L.1994, c.72 (C.54:4-66.3) is amended to read as follows:
4. Whenever, pursuant to section 3 of P.L.1994, c.72 (C.54:4-66.2), a governing body of a municipality operating on the calendar fiscal year determines that the tax collector will be unable to complete the mailing or delivery of tax bills by [June 14] June 27, the estimated and reconciled tax bills shall be mailed by [June 30] July 10 and September 30 respectively, and shall be calculated in accordance with the following procedures:
a. (1) The tax collector in consultation with the chief financial officer shall compute an estimated annual tax levy range for the county and each taxing district whose levy has not yet been certified by the county board of taxation. The range shall be within the lower and upper amounts calculated by multiplying the levy of the county and each such taxing district for the previous calendar fiscal year by .95 and 1.05.
(2) The municipal governing body may authorize, by resolution, an estimated annual tax levy for the county and each such taxing district by setting an amount within the range computed by the tax collector in consultation with the chief financial officer.
b. An estimated bill for the third installment of taxes may be calculated as follows:
(1) The tax rate for the county and each taxing district shall be calculated by dividing the certified, if available, or estimated tax levy by the current year net valuation taxable. Each such tax rate shall be multiplied by the taxable value for each property to arrive at the estimated annual property tax due for each property assessed.
(2) The amount charged in the first and second installments of the current year shall be subtracted from the estimated annual property tax due for each property assessed. That amount shall then be divided in half and after being so divided shall be the amount of the estimated tax bill for the third installment of taxes.
c. A reconciled bill for the fourth installment of taxes shall be calculated as follows:
(1) The tax rate for the county and each taxing district shall be calculated by dividing the actual tax levies certified by the county board of taxation by the current year net valuation taxable. Each such tax rate shall be multiplied by the taxable value for each property to arrive at the actual annual property tax due for each property assessed.
(2) The amount charged in the first, second and third installments of the current year for each taxing district shall be subtracted from the actual annual property tax due for each property assessed. The difference of those amounts shall constitute the amount of the reconciled tax bill for the fourth installment of property tax.
d. The third installment of current year taxes shall not be subject to interest until the later of August 1, the additional interest-free period authorized pursuant to R.S.54:4-67, or the twenty-fifth calendar day after the date that the tax bill or estimated tax bill for the third installment was mailed or otherwise delivered. Any payment received after the later of August 1, the additional interest-free period authorized pursuant to R.S.54:4-67, or the twenty-fifth calendar day after the date that the tax bill or estimated tax bill for the third installment was mailed or otherwise delivered may be charged interest back to August 1. The estimated tax bill shall contain a notice specifying the date on which interest may begin to accrue.
e. The fourth installment of current year taxes shall not be subject to interest until the later of November 1, the additional interest-free period authorized pursuant to R.S.54:4-67, or the twenty-fifth calendar day after the date that the tax bill or reconciled tax bill for the fourth installment was mailed or otherwise delivered. Any payment received after the later of November 1, the additional interest-free period authorized pursuant to R.S.54:4-67, or the twenty-fifth calendar day after the date that the tax bill or estimated tax bill for the third installment was mailed or otherwise delivered may be charged interest back to November 1. The reconciled tax bill shall contain a notice specifying the date on which interest may begin to accrue.
f. If the tax collector in consultation with the chief financial officer determines that the municipality is unable to calculate the tax bills utilizing the formulas set forth in this section, the collector in consultation with the chief financial officer may request the Director of the Division of Local Government Services to authorize an alternate method that will result in the most accurate bills possible utilizing the mechanisms available to the municipality. The director shall certify in writing the method approved for billings.
(cf: P.L.1994, c.72, s.4)
113. Section 5 of P.L.1994, c.72 (C.54:4-66.4) is amended to read as follows:
5. a. Whenever, pursuant to section 3 of P.L.1994, c.72 (C.54:4-66.2), a governing body of a municipality operating on the State fiscal year determines that the tax collector will be unable to complete the mailing or delivery of tax bills by [June 14] June 27 or December 1, as appropriate, the estimated and reconciled tax bills shall be mailed, prepared and calculated in accordance with the following procedures:
(1) An estimated tax bill for the first installment of taxes on or before December 31 and a reconciled tax bill for the second installment of taxes on or before March 31;
(2) An estimated tax bill for the third installment of taxes on or before June 30 and a reconciled tax bill for the fourth installment of taxes on or before September 30;
b. For estimated first and reconciled second installments:
(1) The resolution shall contain authorization of an estimated annual tax levy for the municipality.
(2) An estimated bill for the first installment of taxes shall be calculated in accordance with the provisions of paragraph (1) of subsection e. of section 2 of P.L.1994, c.72 (C.54:4-66.1), except that the estimated municipal fiscal year tax levy determined in paragraph (1) of this section shall be used in completing the municipal fiscal year levy section of the certification of billing levies; and only one installment shall be billed.
(3) A reconciled bill for the second installment of taxes shall be calculated in accordance with the provisions of paragraph (1) of subsection e. of section 2 of P.L.1994, c.72 (C.54:4-66.1), except that the billing amount shall be the true amount calculated pursuant to law, less the amount billed in the estimated first installment.
(4) The first installment of taxes shall not be subject to interest until the later of February 1, the additional interest-free period authorized pursuant to R.S.54:4-67, or the twenty-fifth calendar day after the date that the tax bill or estimated tax bill for the first installment was mailed or otherwise delivered. Any payment received after the later of February 1, the additional interest-free period authorized pursuant to R.S.54:4-67, or the twenty-fifth calendar day after the date that the tax bill or estimated tax bill for the first installment was mailed or otherwise delivered may be charged interest back to February 1. The estimated tax bill shall contain a notice specifying the date on which interest may begin to accrue.
(5) The second installment of taxes shall not be subject to interest until the later of May 1, the additional interest-free period authorized pursuant to R.S.54:4-67, or the twenty-fifth calendar day after the date that the tax bill or reconciled tax bill for the second installment was mailed or otherwise delivered. Any payment received after the later of May 1, the additional interest-free period authorized pursuant to R.S.54:4-67, or the twenty-fifth calendar day after the date that the tax bill or estimated tax bill for the second installment was mailed or otherwise delivered may be charged interest back to May 1. The reconciled tax bill shall contain a notice specifying the date on which interest may begin to accrue.
c. For estimated third and reconciled fourth installments:
(1) The tax collector in consultation with the chief financial officer shall compute an estimated annual tax levy range for the county and each taxing district whose levy has not yet been certified by the county board of taxation. The range shall be within the lower and upper amounts calculated by multiplying the levy of the county and each such taxing district for the previous fiscal year by .95 and 1.05.
(2) The municipal governing body may authorize, by resolution, an estimated annual tax levy for the county and each such taxing district by setting an amount within the range computed by the tax collector in consultation with the chief financial officer. The municipal levy shall be calculated in accordance with paragraph (2) of subsection e. of section 2 of P.L.1994, c.72 (C.54:4-66.1).
(3) The tax rate for the county and each taxing district shall be calculated by dividing each estimated tax levy by the current year total net valuation taxable. Each such tax rate shall be multiplied by the net valuation taxable for each property to arrive at the estimated annual property tax due for each property assessed.
(4) The amount charged in the first and second installments of the current year shall be subtracted from the estimated annual property tax due for each property assessed. That amount shall then be divided in half and after being so divided shall be the amount of the estimated tax bill for the third installment of taxes.
(5) For the fourth installment of taxes, the tax rate for the county and each non-municipal taxing district shall be calculated by dividing the actual tax levies certified by the county board of taxation by the current year total net valuation taxable. The municipal tax rate shall be that used in paragraph (3) of this subsection. Each such tax rate shall be multiplied by the net valuation taxable for each property to arrive at the actual annual property tax due for each property assessed. The amount charged in the first, second and third installments of the current year for each taxing district shall be subtracted from the actual annual property tax due for the county and each taxing district for each property assessed. The difference of those amounts shall constitute the amount of the reconciled tax bill for the fourth installment of property tax.
(6) The third installment of taxes shall not be subject to interest until the later of August 1, the additional interest-free period authorized pursuant to R.S.54:4-67, or the twenty-fifth calendar day after the date that the tax bill or estimated tax bill for the third installment was mailed or otherwise delivered. Any payment received after the later of August 1, the additional interest-free period authorized pursuant to R.S.54:4-67, or the twenty-fifth calendar day after the date that the tax bill or estimated tax bill for the third installment was mailed or otherwise delivered may be charged interest back to August 1. The estimated tax bill shall contain a notice specifying the date on which interest may begin to accrue.
(7) The fourth installment of taxes shall not be subject to interest until the later of November 1, the additional interest-free period authorized pursuant to R.S.54:4-67, or the twenty-fifth calendar day after the date that the tax bill or reconciled tax bill for the fourth installment was mailed or otherwise delivered. Any payment received after the later of November 1, the additional interest-free period authorized pursuant to R.S.54:4-67, or the twenty-fifth calendar day after the date that the tax bill or estimated tax bill for the fourth installment was mailed or otherwise delivered may be charged interest back to November 1. The reconciled tax bill shall contain a notice specifying the date on which interest may begin to accrue.
d. If the tax collector in consultation with the chief financial officer determines that the municipality is unable to calculate the tax bills utilizing the formulas set forth in this section, the collector in consultation with the chief financial officer may request the Director of the Division of Local Government Services to authorize an alternate method that will result in the most accurate bills possible utilizing the mechanisms available to the municipality. The director shall certify in writing the method approved for billings.
(cf: P.L.1994, c.72, s.5)
114. The following sections are hereby repealed:
P.L.1995, c.278, s.1 (C.19:60-1);
P.L.1995, c.278, ss.5-8 (C.19:60-5 to 19:60-8)
P.L.1995, c.287, s.10 (C.19:60-10);
P.L.1981, c.379, ss.3-6 (C.40:45-7 to 40:45-10)
P.L.1991, c.61, s.1 (C.40:45-10.1)
P.L.1981, c.379, ss.7-12 (C.40:45-11 to 40:45-16);
P.L.1951, c.280, ss.14-17 (C.40:62-105.14 to 40:62-105.17);
P.L.1951, c.280, ss.20-22 (C.40:62-105.20 to 40:62-105.22);
P.L.1967, c.184, ss.9-12 (C.40:68-35 to 40:68-38);
P.L.1981, c.58, s.2 (C.40:84-6.1);
P.L.1971, c.200, s.1 (C.40A:9-144);
N.J.S.40A:14-71;
N.J.S.40A:14-73 to N.J.S.40A:14-78.
115. This act shall take effect on January 1 following the date of enactment.
STATEMENT
This bill moves the date for holding school and fire district elections to the date of the nonpartisan municipal elections. Under the bill, instead of three separate elections for nonpartisan municipal, school and fire district elections, these elections would occur together on the same day (the second Tuesday in May) and the election would be designated officially as the nonpartisan municipal, school and fire district election.
Specifically, the bill provides that:
1) the annual school election in all type II districts would move from the third Tuesday in April to the day of the nonpartisan municipal elections, with new school board members taking office after the same period of time following the election as provided for presently (within the first or second week following the election); school budgets would be voted for at the same election and would include all of the revenues and expenditures featured in current school budgets;
2) the date for the election of fire district commissioners, in those municipalities with such officials, would change from the last Saturday in February to the day of the nonpartisan municipal elections;
3) many of the elections procedures in Title 40 concerning nonpartisan municipal elections, in Title 40A concerning fire district elections, and in Title 19 concerning school elections, are consolidated into a new chapter of Title 19 and the procedures for conducting the elections are made uniform for each type of election;
4) the form of the ballots (machine, sample, absentee, emergency and provisional) used for the nonpartisan municipal, school and fire district election would reflect the expanded number of public offices and questions to be presented to the voters on the day of the election;
5) the county clerk would be responsible for administering the election instead of the situation under current law, whereby the municipal clerk is responsible for the nonpartisan municipal election, the secretary of the board of education is responsible for a school election and the secretary of the fire district is responsible for the fire district election; and
6) to comply with the provisions of Article VIII, Section II, paragraph 8 of the New Jersey Constitution prohibiting the imposition of a State mandate on a unit of local government without sufficient funding or a supermajority vote of the Legislature, whenever the costs of a nonpartisan municipal, school or fire district election exceeds the average costs of such elections occurring immediately prior to the enactment of this bill, the State Treasurer must remit the difference to the county clerk to cover the clerk's expenses in connection with the election. The Legislature would be required, in the annual appropriations act, appropriate the funding necessary to cover those expenses.
Finally, the bill repeals a number of sections of the law that would conflict with or be repetitious of the new sections of law or amendments to existing sections of law provided by this bill.
