Bill Text: NJ A3919 | 2010-2011 | Regular Session | Introduced
Bill Title: Establishes pilot program suspending operations of superintendent and deputy superintendent of elections in certain second class counties.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2011-12-12 - Reported out of Assembly Committee, 2nd Reading [A3919 Detail]
Download: New_Jersey-2010-A3919-Introduced.html
Sponsored by:
Assemblyman GILBERT "WHIP" L. WILSON
District 5 (Camden and Gloucester)
SYNOPSIS
Establishes pilot program suspending operations of superintendent and deputy superintendent of elections in certain second class counties.
CURRENT VERSION OF TEXT
As introduced.
An Act establishing a pilot program to suspend the operations of the offices of superintendent of elections and deputy superintendent of elections in certain counties, and supplementing chapter 32 of Title 19 of the Revised Statutes.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. There is established a pilot program to suspend the operations of the office of the superintendent of elections and the office of the deputy superintendent of elections in participating counties. The governing body of a participating county shall have three years from the effective date of P.L. , c. (C. )(pending before the Legislature as this bill) to adopt an ordinance or resolution, as appropriate, to commence its participation in the program. A certified copy of the ordinance or resolution, as appropriate, shall be transmitted to the Secretary of State as soon as possible after it is adopted.
As used in P.L. , c. (C. ) (pending before the Legislature as this bill), "participating counties" shall mean any county of the second class with a population of between 510,000 and 515,000 persons or between 490,000 and 495,000 persons, according to the 2010 federal decennial census for New Jersey.
2. a. Upon the adoption of a resolution or ordinance, as appropriate, to commence participation in the pilot program by a participating county, the operations of the office of superintendent of elections and the office of deputy superintendent of elections in the participating county shall be suspended for a period of three years and the functions, powers, and duties of each office shall be transferred to and assumed by the county board of elections. The transfer of the functions, powers, and duties of the office of the superintendent of elections and the office of the deputy superintendent of elections shall be completed no later than the 90th day following the adoption of the ordinance or resolution, as appropriate, and the term of office of each individual holding each office shall be terminated no later than that 90th day.
b. For the period that the suspension is in effect, whenever reference is made in any statute, regulation, document or judicial proceeding to the office of the superintendent of elections or the office of the deputy superintendent of elections concerning the functions, powers, and duties that had been vested therein prior to the suspension, the same shall mean and refer to the county board of elections.
3. Within 60 days prior to the expiration of the suspension provided for by section 2 of P.L. , c. (C. ) (pending before the Legislature as this bill), the governing body of a participating county shall undertake the following actions.
a. The governing body shall prepare a report in writing for the public and the Secretary of State on the impact of the suspension of the office of the superintendent of elections and the office of the deputy superintendent of elections during the three-year period of the suspension with respect to:
(1) the operation and administration of State, county, municipal, school, special and federal elections;
(2) the maintenance and distribution of voting machines;
(3) the administration of voter registration in the county; and
(4) the cost of conducting elections in the county.
The report shall be made public and submitted to the secretary no later than the 45th day following the expiration of the suspension.
b. The governing body shall decide whether to adopt an ordinance or resolution, as appropriate, within 60 days prior to the expiration of the suspension, with the adoption to be effective on the date of the expiration of the suspension, to either:
(1) abolish the office of the superintendent of elections and the office of the deputy superintendent of elections; or
(2) re-establish such offices as they existed prior to the suspension.
4. In the event that the governing body of a participating county fails to decide whether to adopt an ordinance or resolution, as appropriate, to abolish or re-establish the office of the superintendent of elections and the office of the deputy superintendent of elections within 60 days prior to the expiration of the suspension, as provided for by section 3 of P.L. , c. (C. ) (pending before the Legislature as this bill), the suspension provided by section 2 of P.L. , c. (C. ) shall terminate and both of these offices shall be deemed abolished as of the date of the expiration of the suspension.
5. Once the office of superintendent of elections and the office of the deputy superintendent has been abolished in a participating county pursuant to P.L. , c. (C. )(pending before the Legislature as this bill), the county shall not be permitted to re-establish the offices and return to them the functions, powers, and duties provided by law until the following requirements have been met in the following order:
a. at least five years shall have passed since the offices were abolished;
b. a new ordinance or resolution, as appropriate, providing for the re-establishment of the office of superintendent of elections and the office of deputy superintendent of elections, and the return of the functions, powers, and duties of each office provided by law from the county board of elections, shall be adopted by the county's governing body and a certified copy of the ordinance or resolution, as appropriate, together with a tally of the vote to adopt it, shall be filed with the Secretary of State within 10 days after the adoption;
c. a written report shall be prepared for the secretary that:
(1) explains why the governing body of the county believes the re-establishment of the office of superintendent and the office of deputy superintendent are necessary;
(2) presents a plan for how the offices shall be re-established and shall work in conjunction with the county clerk and the county board of elections; and
(3) includes the financial information necessary to prove that re-establishing the offices shall improve the efficiency and reduce the cost of:
(a) operating and administering State, county, school, municipal, special and federal elections;
(b) maintaining and distributing voting machines; and
(c) overseeing the administration of voter registration in the county; and
d. the re-establishment of the office of superintendent of elections and the office of deputy superintendent of elections shall be approved by the secretary after the secretary has had a maximum of 90 days to review the report. The secretary shall be authorized to receive answers to such questions that the secretary deems necessary to ask to ensure that the operation and administration of elections, maintenance and distribution of voting machines and administration of voter registration shall be conducted by the county in the most efficient and cost-effective manner possible.
In the event that the secretary decides that the office of the superintendent of elections and the office of the deputy superintendent of elections should be re-established in a participating county, qualified individuals to serve in each office shall be appointed as provided by law and the functions, powers, and duties of the offices shall be re-established within one year after the secretary's decision.
6. a. An individual shall be appointed to fill the office of superintendent of elections, pursuant to section 1 of P.L.1947, c.167 (C.19:32-26) and an individual shall be appointed to fill the office of deputy superintendent of elections, pursuant to section 1 of P.L.1992, c.17 (C.19:32-26.1), in a participating county if the offices are re-established pursuant to either section 3 or section 5 of P.L. , c. (C. ) (pending before the Legislature as this bill), as the case may be.
b. A participating county is hereby authorized to abolish the office of the superintendent of elections and the office of the deputy superintendent of elections, pursuant to P.L. , c. (C. ) (pending before the Legislature as this bill), notwithstanding the provisions of section 1 of P.L.1947, c.167 (C.19:32-26).
7. This act shall take effect immediately.
STATEMENT
This bill establishes a pilot program to suspend the operations of the office of the superintendent of elections and the office of the deputy superintendent of elections in participating counties. The governing body of a participating county would have three years from the effective date of the bill to adopt an ordinance or resolution, as appropriate, to commence its participation in the program.
As used in the bill, "participating counties" means any county of the second class with a population of between 510,000 and 515,000 persons or between 490,000 and 495,000 persons, according to the 2010 federal decennial census for New Jersey.
Once an resolution or ordinance, as appropriate, is adopted to commence participation in the pilot program, the operations of the office of superintendent of elections and the office of deputy superintendent of elections in the participating county would be suspended for three years and the functions, powers, and duties of each office would be transferred to and assumed by the county board of elections. The transfer of the functions, powers, and duties of the office of the superintendent of elections and the office of the deputy superintendent of elections must be completed no later than the 90th day following the adoption of the ordinance or resolution, as appropriate, and the term of office of each individual holding each office would terminate no later than that 90th day.
Within 60 days prior to the expiration of the suspension provided the bill, the governing body of a participating county must undertake the following actions.
1) It must prepare a report in writing for the public and the Secretary of State on the impact of the suspension of the office of the superintendent of elections and the office of the deputy superintendent of elections during the three-year period of the suspension with respect to:
a. the operation and administration of State, county, municipal, school, special and federal elections;
b. the maintenance and distribution of voting machines;
c. the administration of voter registration in the county; and
d. the cost of conducting elections in the county.
The report must be made public and submitted to the secretary no later than the 45th day following the expiration of the suspension.
2) The governing body must decide whether to adopt an ordinance or resolution, as appropriate, within 60 days prior to the expiration of the suspension, with the adoption to be effective on the date of the expiration of the suspension, to either:
a. abolish the office of the superintendent of elections and the office of the deputy superintendent of elections; or
b. re-establish such offices as they existed prior to the suspension.
In the event that the governing body of a participating county fails to decide whether to adopt an ordinance or resolution, as appropriate, to abolish or re-establish the office of the superintendent of elections and the office of the deputy superintendent of elections within 60 days prior to the expiration of the suspension, the suspension provided by the bill will terminate and both of these offices will be deemed abolished as of the date of the expiration of the suspension.
Once the office of superintendent of elections and the office of the deputy superintendent has been abolished pursuant to this bill, the county would not be permitted to re-establish the offices and return to them the functions, powers, and duties provided by law until the county provides a written report explaining why the re-establishment of the offices are necessary and the re-establishment is approved by the Secretary of State.
If the secretary decides that the office of the superintendent of elections and the office of the deputy superintendent of elections should be re-established in a participating county, qualified individuals to serve in each office must be appointed as provided by law and the functions, powers, and duties of the offices would be re-established within one year after the secretary's decision.
