§2 - Note
An Act concerning criminal history background checks for school board candidates and amending P.L.1995, c.278.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. Section 6 of P.L.1995, c.278 (C.19:60-6) is amended to read as follows:
6. Accompanying 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 and that the person has not been convicted of a disqualifying crime pursuant to N.J.S.18A:12-1;
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.
(cf: P.L.1995, c.278, s.6)
2. This act shall take effect on July 1 of the first full school year next following the date of enactment.
STATEMENT
This bill would require a candidate for election to the office of school board member to file with his nominating petition a specific affirmation that he has not been convicted of any of the disqualifying crimes listed pursuant to N.J.S.18A:12-1.
Under current law, a person is disqualified from membership on a board of education or a charter school board of trustees if the person has been convicted of certain crimes or offenses. A member must, within 30 days of election or appointment to the board, undergo a criminal background check for the purpose of ensuring that the member is not disqualified. In addition, the law requires a member of a board of education, before entering into the duties of the office, to take an oath that must include a specific declaration that the member is not disqualified from holding office due to a conviction of one of the disqualifying crimes or offenses. A member who falsely swears or affirms that he is not disqualified due to a conviction is guilty of a crime of the fourth degree.
Requires candidates for election to school board to file with their nominating petitions specific affirmation that they have not been convicted of crimes that would disqualify them from office.