New Jersey-2010-S1655-Introduced

An Act concerning fire district elections, amending various sections of the statutory law, supplementing chapter 23 of Title 19 of the Revised Statutes and P.L.1979, c.453, and repealing N.J.S.40A:14-73 and N.J.S.40A:14-75 through N.J.S.40A:14-77, inclusive.

Be It Enacted by the Senate and General Assembly of the State of New Jersey:

1. (New section) a. Notwithstanding the provisions of any rule, regulation or statute to the contrary, the election of candidates for the office of member of the board of fire commissioners and the approval or disapproval of any public question relative to a fire district held pursuant to N.J.S.40A:14-72 et al in a municipality with such a district, shall occur simultaneously with the primary election for the general election held annually in that municipality pursuant to chapter 23 of Title 19 of the Revised Statutes.

b. For voters voting for candidates in the primary election, the ballot shall be divided into a partisan section and a fire district election section. In a manner consistent with R.S.19:14-8, the partisan section shall contain the names of the candidates and the columns or rows of political parties that have made nominations, provide an opportunity to make a personal choice and list the offices for which nominations are sought. The fire district election section shall contain the names of the candidates for the office of member of the board of fire commissioners, have the candidates listed in the order determined by the municipal clerk pursuant to R.S.19:23-24, provide an opportunity to make a personal choice and present any public question relative to the district to be voted on including the amount of money to be raised for the ensuing year. For voters voting only in the fire district election, the ballot used shall be the same as the ballot for voters voting in the primary election, except that it shall contain only the names of the candidates for the office of member of the board of fire commissioners, provide an opportunity to make a personal choice and present any public question relative to the district to be voted on.

c. The county board of elections in each county in which a fire district election occurs shall be responsible for ensuring that: (1) in addition to the voting machines used in a polling place for the primary election, at least one voting machine shall be available in each polling place for voters who wish to vote only in the fire district election; (2) poll workers serving on the day of the primary election are instructed to ask each voter if he or she wishes to vote for candidates in the primary election or only in the fire district election and then to direct the voter to use the appropriate voting machine and ballot for that purpose; and (3) the statement of the results of the primary election includes the results of the vote for candidates for the office of member of the board of fire commissioners and the vote on any public question relative to the fire district.

d. The county clerk of each county in which a fire district election occurs shall be responsible for ensuring that: (1) the sample ballots include the information required by current law regarding the fire district election and that absentee ballots are available that enable a voter to vote only for candidates for the office of member of the board of fire commissioners and in favor or against any public question relative to the district to be voted on, as appropriate; (2) the canvass of results of the primary election includes the results of the vote for candidates for the office of member of the board of fire commissioners and approving or disapproving any public question that relates to the fire district; (3) that a copy of the canvass is filed with both the municipal clerk in which the election occurred and the Attorney General; and (4) the county clerk, in consultation with the municipal clerk of each municipality in which a fire district election has occurred, compile an itemized list of expenses each incurred due to administering the fire district election part of the primary election and remit that list to the board of fire commissioners for payment in a timely manner as provided for by section 7 of P.L. , c. (C. ) (pending before the Legislature as this bill).

2. 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 districts 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)

3. 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, that are coterminous with election districts, 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[,] and 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] July 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] July 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] July 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] July 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)

4. N.J.S.40A:14-71 is amended to read as follows:

40A:14-71. Candidates for membership on the board shall be nominated by verified petitions and shall not be nominees of a political party. Any such petition shall be in writing, addressed to the municipal clerk [or the clerk of the board, as the case may be], stating that the signers thereof are qualified voters and residents in the district and requesting that the name of the candidate be placed on the official ballot. 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 his or her printed name, address and signature. The petition shall state the residence of the candidate and certify his qualification for membership. The candidate's consent to his nomination shall be annexed to the petition and shall constitute his agreement to serve in the event of his election. The petition shall contain the name of only one candidate, but several petitions may nominate the same person. Each petition shall be signed by not less than 10 qualified voters and shall be filed at least [28] 57 days before the date of the election.

Any form of a petition of nomination which is provided to candidates by the [Secretary of State] Attorney General, the county clerk, or the municipal clerk shall contain the following notice: "Notice: All candidates are required by law to comply with the provisions of ["] 'The New Jersey Campaign Contributions and Expenditures Reporting Act,' P.L. 1973, c. 83 (C.19:44A-1 et seq.). For further information please call (insert telephone number of the Election Law Enforcement Commission)."

If a petition is found to be defective, either in form or substance, the municipal clerk [or the clerk of the board, as the case may be,] shall forthwith notify the candidate to cause it to be corrected before the petition is given consideration.

(cf: P.L.1985, c.288, s.2)

5. N.J.S.40A:14-72 is amended to read as follows:

40A:14-72. An election shall be held [annually on the third Saturday in February] simultaneously each year with the primary election for the general election on the Tuesday next after the first Monday in June in each established fire district for the election of members of the board according to the expiration of terms using the same registration and on the same official ballot required by law for the nomination for election of State and county officers. 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] at the place where the primary election for the general election is held and a notice thereof, and of the closing date for the filing with the clerk of the board of petitions of nomination for membership on the board, shall be published by the municipal clerk at least once in a newspaper circulating in the district, at least six weeks prior to the date [fixed for] of the election. [Fire] The municipal clerk may combine the publication of notice of election for all 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).

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)

6. N.J.S.40A:14-74 is amended to read as follows:

40A:14-74. The municipal clerk [or the clerk of the board of fire commissioners, as the case may be,] shall cause a further notice of the holding of such election to be published at least once not later than [1] one week prior thereto in a newspaper circulating in said fire district.

[At least 7 days prior to the election the municipal clerk or the clerk of the board, as the case may be, shall obtain the registry list for the municipality or municipalities and election districts comprised within such fire district for the preceding general election. No person shall be permitted to vote at the election unless his name appears on the registry list or he shall have become of legal age and is otherwise qualified and shall file an application to vote with the clerk at least 2 days prior thereto.]

(cf: P.L.1973, c.25, s.2)

7. N.J.S.40A:14-78 is amended to read as follows:

40A:14-78. Any appropriation or other matter to be voted upon at such election shall be in the form of a question, placed upon the ballot [immediately following the names of the candidates for members of the board of fire commissioners,] in substantially the following form:

YES. (Question to be voted on)

NO.

The voter shall indicate his approval or opposition by making a cross (X), plus (+) or check (/) mark in ink or pencil in the appropriate square.

(cf: P.L.1994, c.77, s.21)

8. (New section) The board of fire commissioners of each fire district shall be responsible for the timely reimbursement of the appropriate county clerk and municipal clerk for the expenses each incurred to administer the fire district election portion of the primary election held simultaneously with the annual primary election for the general election pursuant to P.L. , c. (C. ) (pending before the Legislature as this bill).

9. The governing body of a municipality that has established one or more fire districts on or before the effective date of this act shall forthwith adjust the boundaries of those fire districts to ensure that they are coterminous with election districts. Boundary adjustments shall be completed not later than 74 days previous to the date of the primary election for the general election.

10. The term of office of any fire commissioner that expires at 12 o'clock noon on the first Tuesday in March of the year in which P.L. , c. (C. ) (pending before the Legislature as this bill) takes effect shall be extended until the first Tuesday in July of that same year. Any candidate to fill the office of member of the board of fire commissioners that year shall be voted for at the primary election for the general election held that year and shall take office on the first Tuesday in July next occurring.

11. Sections N.J.S.40A:14-73 and N.J.S.40A:14-75 through N.J.S.40A:14-77, inclusive, are repealed.

12. This act shall take effect on January 1 next following the date of enactment.

STATEMENT

This bill changes the date for the election of members of the board of fire commissioners and the vote on the budget of the districts they represent, from the third Saturday in February to the day of the primary election for the general election. Under the bill, the election of fire commissioners and the vote on their budget would occur simultaneously with other elections conducted at the primary election.

The bill specifies that for voters voting for candidates in the primary election, the ballot must be divided into a partisan section and a fire district election section. The partisan section would contain the names of the candidates and the columns or rows of political parties that have made nominations, provide an opportunity to make a personal choice and list the offices for which nominations are sought. The fire district election section would contain the names of the candidates for the office of member of the board of fire commissioners, have the candidates listed in the order determined by the municipal clerk pursuant to N.J.S.A.19:23-24, provide an opportunity to make a personal choice and present any public question relative to the district to be voted on including the amount of money to be raised for the ensuing year. For voters voting only in the fire district elections, the ballot used would be the same as the ballot for voters voting in the primary election, except that it would contain only the names of the candidates for the board of fire commissioners, provide an opportunity to make a personal choice and present any public question relative to the district to be voted on. In addition to the voting machines used in a polling place for the primary election, at least one voting machine would be available in each polling place for voters who wish to vote only in the fire district election.

Under the bill, 1) the board of fire commissioners of each fire district would be responsible for the timely reimbursement of the appropriate county clerk and municipal clerk for the expenses each incurred to administer the fire district election portion of the primary election; 2) the governing body of a municipality that has established one or more fire districts on or before the effective date of this bill must adjust the boundaries of those fire districts no later than 74 days before the primary election to ensure that they are coterminous with election districts; 3) the term of office of any fire commissioner that expires at 12 o'clock noon on the first Tuesday in March of the year in which the bill takes effect would be extended until the first Tuesday in July of that same year; and 4) sections N.J.S.40A:14-73 and N.J.S.40A-14-75 through N.J.S.40A:14-77, inclusive, would be repealed because these sections concern the form of the ballot for fire district elections, use of voting machines, polling hours and the manner of conducting such elections.