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Department of State

The Hon. Tahesha Way, Secretary of State

Statutes & Rules

Division of Elections

In January 2014, the Governor signed into law P.L. 2013, c. 259. Pursuant to that statute the Department of State provides the following Laws and Regulations as a service to our users.  The Laws and Regulations displayed here have been copied from:

Please refer to the above links for the most recent updates.

Page Updated Statutes
12/15/21 NJSA Title 19 - Elections 19:1-1 - 19:9-5
12/20/21 NJSA Title 19 - Elections 19:10-1 - 19:19-17
12/21/21 NJSA Title 19 - Elections 19:20-1 - 19:29-14
02/09/22 NJSA Title 19 - Elections 19:31-1 - 19:37-5
02/22/22 NJSA Title 19 - Elections 19:44A-1 - 19:49-5
03/01/22 NJSA Title 19 - Elections 19:50-1 - 19:59-16
03/04/22 NJSA Title 19 - Elections 19:60-1 - 19:63-28
03/04/22 NJSA Title 39 - Motor Vehicles and Traffic Regulation (Pertaining to Elections)
03/09/22 NJSA Title 40 - Municipalities and Counties (Pertaining to Elections)
03/09/22 NJSA Title 40A - Municipalities and Counties (Pertaining to Elections)
08/01/19 NJAC Title 15: Subchapter 10 - Elections
Electronic Poll Book Rules, Special Adopted New Rules: N.J.A.C. 15:10-7
03/22/22 NJSA Title 52 - State Government, Departments and Officers (Pertaining to Elections)

 

Last updated: 03/22/22

 

NJSA Title 40A - Municipalities and Counties 40A:4

1. The provisions of any other law to the contrary notwithstanding, any referendum conducted by a municipality pursuant to subsection I. of section 3 of P.L.1976, c.68 (C.40A:4-45.3), for the purpose of requesting approval for increasing the municipal budget by more than 2.5% over the previous year's final appropriations, shall be held on the last Tuesday in the month of February of the year in which the proposed increase is to take effect. The municipal budget proposing such increase shall be introduced and approved in the manner otherwise provided in N.J.S.40A:4-5 at least 20 days prior to the date on which such referendum is to be held, and shall be published in the manner otherwise provided in N.J.S.40A:4-6 at least 12 days prior to said referendum date. Notice shall be published pursuant to section 7 of P.L.1953, c.211 (C.19:57-7) on the next day following the introduction of the budget. This section shall apply only to municipalities that operate on the January 1 to December 31 fiscal year.

L.1979,c.268,s.1; Amended 1981, c.66, s.1; 1991, c.75, s.21; 2004, c.74, s.4.
1. Notwithstanding the provisions of Title 19 of the Revised Statutes to the contrary, referenda conducted by any municipality pursuant to subsection I. of section 3 of P.L.1976, c.68 (C.40A:4-45.3), for the purpose of increasing the municipal budget by more than 2.5% over the previous year's final appropriations, may be conducted with respect to the provision of polling places and the compensation of election workers in the same manner as is provided for school elections under Title 19 of the Revised Statutes.

L.1983,c.69,s.1; Amended 1995, c.279, s.45; 2004, c.74, s.5.

 

NJSA Title 40A - Municipalities and Counties 40A:9

As used in this act:

a. "Candidate" means any person who shall file, or cause to have filed, a petition of nomination for election, or for election, to any local elective office;

b. "Local Elective Office" means any office of a local unit regularly filled at an election by the voters, but does not mean any office established by the State Constitution;

c. "Local Unit" means a county or municipality, and, whenever an office is required to be filled by election from a district, ward or other subdivision means the district, ward or subdivision to which the office pertains;

d. "Resident" means a person having, within the territorial limits of the local unit, a place of abode, which has not been adopted for any mere special or temporary purpose, but is his ordinary and permanent domicile.

L.1980, c. 94, s. 1, eff. Jan. 1, 1981.
When the governing body of any municipality shall be required by petition to submit to the voters proposed increases in salaries, wages or compensation or if the governing body shall deem it advisable to have a referendum in respect to the salaries of its members, or any other elective official, or any managerial executive or confidential employee, the governing body shall adopt an ordinance definitely fixing such salaries and the operative date. Where any such ordinance provides for salary increases, they may be made to take effect on a specified date or apportioned to be effective on different specified dates during a period not to exceed 3 years. Any such ordinance may be adopted notwithstanding a prior referendum in respect to salaries, wages or compensation.

The clerk of the municipality shall forthwith forward a certified copy of the ordinance to the officer whose duty it is to prepare the ballots for the election, notifying such officer that there is to be a vote on the question.

Such officer, in the manner and form provided by law, shall place the question upon the ballot, to be used at the election in such municipality, in substantially the following form: "Shall the salaries of the (members of the governing body, other elective officials, managerial executives, confidential employees, as designated) of(name of municipality) be fixed as follows,(amount or amounts) per annum?"
If it is proposed to reduce or increase salaries, the following form shall be used: "Shall the salaries of the (members of the governing body, other elective officials, managerial executives, confidentialemployees, as designated) of (name of municipality) be reduced (or increased) as follows: (members of the governing body, other elective officials, managerial executives, confidential employees,as designated) $ from $ (amount of present salary) to $ (amount of proposed or adopted salary) per annum?"

If a majority of the legal voters of the municipality voting upon such question at the election shall vote "Yes," the salaries so adopted shall be payable to the members of the governing body or other elective officials or managerial executives or confidential employees, as the case may be, on and after the date specified in the ordinance and until again changed in the manner provided by law. The referendum vote shall be binding during the period of 2 years following such vote.

L.1971, c. 200, s. 1, eff. July 1, 1971. Amended by L.1976, c. 96, s. 2, eff. Sept. 21, 1976.
If there shall be submitted to the governing body of any municipality a petition signed by not less than 10% of the registered voters of the municipality, requesting the submission to the legal voters of the municipality the question of fixing the salaries, wages or compensation of the members of the governing body or other elective officials, or any managerial executive or confidential employee of said municipality in the amounts stated in the petition, the governing body shall cause the question to be submitted to the legal voters of the municipality at the next general election occurring more than 40 days after the submission of the petition to the governing body.

The result of the vote shall be binding upon the municipality for the following 2 years.

Nothing contained in this section shall be deemed to preclude a referendum vote upon an ordinance increasing salaries, wages or compensation provided by law.

L.1971, c. 200, s. 1, eff. July 1, 1971. Amended by L.1976, c. 96, s. 3, eff. Sept. 21, 1976.

 

NJSA Title 40A - Municipalities and Counties 40A:11

2. A contracting unit, as defined in section 2 of P.L.1971, c.198 (C.40A:11-2), shall pay interest on the amount due a business concern pursuant to a properly executed invoice, when required, if the required payment is not made on or before the required payment date.

Unless otherwise provided for in the contract, the required payment date shall be 60 calendar days from the date specified in the contract or if no required payment is specified in the contract, then the required payment date shall be 60 calendar days from the receipt of a properly executed invoice, or 60 calendar days from the receipt of goods or services, whichever is later. Interest shall not be paid unless goods and services are rendered.

Interest on amounts due shall be paid to the business concern for the period beginning on the day after the required payment date and ending on the date on which the check for payment is drawn.

Interest shall be paid at the rate specified by the State Treasurer for State late payments to business concerns pursuant to section 4 of P.L.1987, c.184 (C.52:32-35).

Interest may be paid by separate payment to a business concern, but shall be paid within 30 days of the late payment.

A contracting unit may waive the interest payment for a delinquency due to circumstances beyond the control of the contracting unit, including but not limited to a strike or natural disaster.

As used in this section, "business concern" means any person engaged in a trade or business, including a private nonprofit entity operating as an independent contractor, providing goods or services directly to a contracting unit or to a designated third party and operating pursuant to a contract with a contracting unit which requires either a single payment or multiple payments, but shall not include a "public utility" as defined in R.S.48:2-13.

L.2018, c.127, s.2.

 

NJSA Title 40A - Municipalities and Counties 40A:14

a. For an election held at a time other than at the time of the general election, candidates for membership on the board shall be nominated by verified petitions and the procedures set forth in this subsection shall apply. 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. 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 29 days before the date of the election.

Any form of a petition of nomination which is provided to candidates by the Secretary of State, 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.

A candidate shall be permitted to sign or circulate, or both sign and circulate, the petition required to nominate that candidate for membership on the board.

b. For an election held at the time of the general election, each candidate for membership on the board of fire commissioners shall be nominated by petition for direct nomination pursuant to the procedures set forth in R.S.19:13-1 et seq. Notwithstanding the provisions of R.S.19:13-5, however, a petition of nomination for such office shall be signed by at least 10 persons, one of whom may be the candidate, or two percent of the number of qualified voters who voted in the fire district at the next preceding annual election for members of the board of fire commissioners, whichever is less, and filed with the county clerk on or before 4:00 p.m. of the last Monday in July preceding the general election. The signatures need not all appear upon a single petition and any number of petitions may be filed on behalf of any candidate, but no petition shall contain the endorsement of more than one candidate.

Any candidate may withdraw as a candidate by filing a notice in writing, signed by the candidate, of such withdrawal with the county clerk on or before the 70th day before the date of the November election, as applicable, and thereupon the name of that candidate shall be withdrawn by the county clerk and shall not be printed on the ballot.

A vacancy created by any reason set forth in R.S.19:13-18, or in any other manner, shall be filled under the provisions of R.S.19:13-19. In each fire district in which candidates for the office of member of a board of fire commissioners will seek election at the general election, the board of fire commissioners thereof shall certify to the county clerk no later than the day of the holding of the primary election for the general election next occurring a statement designating the public offices to be filled at such election, and the number of such offices to be filled.

L.1971, c.197, s.1; amended 1973, c.235, s.1; 1985, c.288, s.2; 2009, c.286; 2010, c.68, s.7; 2017, c.206, s.10.
a. An election shall be held annually either on the third Saturday in February or at the time of the general election on the first Tuesday after the first Monday in November in each established fire district for the election of members of the board according to the expiration of terms. The initial election for a newly created fire district may take place on another date as a governing body may specify under N.J.S.40A:14-70, but the annual election thereafter shall be held either on the third Saturday in February or at the time of the general election on the first Tuesday after the first Monday in November.

b. For an election held at a time other than at the time of the general election, 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 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.

c. For an election held at the time of the general election, the place of the election shall be determined pursuant to R.S.19:8-1 et seq. and notice thereof shall be published pursuant to R.S.19:12-7. Notice of the closing date for the filing, with the county clerk, of nominations by petition for direct nomination for membership on the board shall be published by the board at least once in a newspaper circulating in the district, at least 21 days prior to the date by which such nominations are required to be filed with the county clerk.

d. 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 6 of P.L.2009, c.79 (C.19:63-6).

e. The legal voters at an annual election held on the third Saturday in February shall determine the amount of money to be raised for the ensuing year and determine such other matters as may be required. If the amount of money to be raised for the ensuing year exceeds the permissible property tax levy increase as determined pursuant to section 10 of P.L.2007, c.62 (C.40A:4-45.45), a public question shall be submitted to the legal voters to increase the amount to be raised by taxation by more than the allowable adjusted tax levy.

f. If a fire district holds its annual election at the time of the general election, then the legal voters shall determine the amount of money to be raised for the ensuing year only by such amount that exceeds the permissible property tax levy increase as determined pursuant to section 10 of P.L.2007, c.62 (C.40A:4-45.45). The legal voters shall determine whether to increase the amount to be raised by taxation by more than the allowable adjusted tax levy for the ensuing year through the submission of a public question. The board of fire commissioners of the fire district shall notify the county or municipal clerk, as appropriate, of the need to conduct a referendum pursuant to this subsection at least 60 days before the date of the referendum. A referendum conducted pursuant to this subsection shall be held on the third Saturday in February of the budget year in which the levy increase would apply.

L.1971, c.197, s.1; amended 1973, c.25, s.1; 1973, c.235, s.2; 1985, c.288, s.3; 1994, c.181; 2017, c.206, s.11.
22. a. Except as provided in subsection b. of this section, the board of fire commissioners of a fire district may by resolution move the time of the annual election for the fire district to the time of the general election on the first Tuesday after the first Monday in November. If the time of the annual election for a fire district is moved to the time of the general election, the fire district election shall be held for the purposes of electing members of the board of fire commissioners and for voting on any appropriation or other matter according to the provisions of N.J.S.40A:14-70 et seq. The procedures for holding a fire district election at the time of the general election shall be in accordance with the procedures provided for the general election under Title 19 of the Revised Statutes, except as otherwise provided pursuant to N.J.S.40A:14-70 et seq.

After moving the date of a fire district's annual election to the day of the general election on the first Tuesday after the first Monday in November, the date of the annual fire election shall be held at that time and shall not be changed.

b. (1) An annual election shall not be moved to the first Tuesday after the first Monday in November, to be held simultaneously with the general election, pursuant to subsection a. of this section, unless the county board of elections has certified that the election may be conducted in accordance with the requirements of section 1 of P.L.1976, c.83 (C.19:4-10).

(2) The county board of elections for a county within which a fire district is located shall determine, within 30 days of the effective date of P.L.2017, c.206, whether an annual election may be so conducted.

(a) If the county board of elections determines that an annual election may be conducted pursuant to paragraph (1) of this subsection, the board shall transmit a certification to the board of fire commissioners and the governing body of the municipality within which the district is located.

(b) If the county board of elections determines that an annual election may not be conducted pursuant to paragraph (1) of this subsection, the board shall transmit a letter to the fire district so stating. In order to meet the requirement of paragraph (1) of this subsection, the board of election may revise or readjust the boundary lines of any election district and the board of fire commissioners, if authorized by an ordinance adopted by the governing body of the municipality, may revise or readjust the boundary lines of any fire district, including by means of consolidating or subdividing districts, as may be necessary, except as may be otherwise required by section 6 of P.L.1976, c.83 (C.19:4-15). The Local Finance Board shall approve any proposed consolidation or subdivision of a fire district in accordance with the procedures set forth in the Local Authorities Fiscal Control Law, P.L.1983, c.313 (C.40A:5A-1 et seq.), or sections 2 and 3 of P.L.2015, c.279 (C.40A:14-90.1 et seq.), as applicable. Any fire district whose boundaries have been adjusted shall notify the Director of the Division of Local Government Services in the Department of Community Affairs.

Upon the completion of such revision or readjustment of the boundary lines of any election district by the board of elections, the board of election shall transmit a certification to the board of fire commissioners and the governing body of the municipality within which the district is located.

Upon the completion of such revision or readjustment of the boundary lines of any fire district by the board of fire commissioners, the fire district shall transmit a letter so notifying the county board of elections. The board of elections shall, within 30 days thereafter, transmit either a certification to the board of fire commissioners and the governing body of the municipality within which the district is located, provided the board of election can then certify compliance with paragraph (1) of this subsection, or a letter to the board of fire commissioners stating that compliance with paragraph (1) of this subsection has not been met notwithstanding the revision or readjustment.

c. If the time of the annual election is moved to the time of the general election pursuant to subsection a. of this section, the term of a member of a board of fire commissioner elected at the time of a general election shall commence at 12 o'clock noon on the first Tuesday in December, and shall expire at 12 o'clock noon on the first Tuesday in December of the third year following the year in which such member was elected. Any vacancy in the membership shall be filled by the remaining members until the next succeeding annual election held at the time of the general election, at which time a resident of the district shall be elected for the unexpired term.

L.2017, c.206, s.22.
23. The Department of Community Affairs, in consultation with the Division of Elections in the Department of State, as appropriate, shall adopt rules and regulations pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), to effectuate the purposes of this act, P.L.2017, c.206 (C.40A:14-72.1 et al.).

L.2017, c.206, s.23.
a. For an election held at a time other than at the time of the general election, the following requirements shall apply:

The ballots shall be written or printed on opaque paper, uniform in size and quality.

Each ballot shall have at the top, a coupon, at least one inch wide extending across the ballot above a perforated line. The coupons shall be numbered consecutively. The coupon shall contain the following statements: "To be torn off by the Judge of Election" and "Fold to this line." Below the perforated line shall be printed or written, "Fire district election ballot," then the official designation of the fire district and polling place and date of the election. It shall bear the signature or facsimile signature of the municipal clerk, or the clerk of the board of fire commissioners, as the case may be. The heading shall be set apart from the body of the ballot by a marked-off space. In said space, the voters shall be instructed how to indicate their choice of candidates and the number to be voted upon as follows: "To vote for any person whose name appears on this ballot mark a cross (X), plus (+) or check (?) in ink or pencil in the place or square at the left of the name of such person." Underneath these instructions shall be directions as to the number of candidates to be voted for and the name of each qualified candidate, without grouping, to be placed according to the alphabetical order of their surnames.

The ballot shall be substantially as follows:

No............

To be torn off by the Judge of Election.

Fold to this line.

.................................................................

FIRE DISTRICT ELECTION BALLOT

Fire District No. 1

Township of Webster, Warren County

Date.............

Polling District No. 1 John Henry Doe,

Unexcelled Fire House. Clerk.

To vote for any person whose name appears on this ballot mark a cross (X), plus (+) or check (?) mark with ink or pencil in the place or square at the left of the name of such person.

For membership to Board of Fire Commissioners--

Full Term. Vote for Two.

[ ] Rutherford B. Fallon.

[ ] William F. Seibel.

[ ] James A. Stephens.

[ ] Thomas Templeton.

[ ]

[ ]

For membership to Board of Fire Commissioners--

Unexpired One-Year Term. Vote for One.

[ ] Francis R. Loori.

[ ] Arthur H. Patterson.

[ ]

using as much of the form as may be applicable to the current fire district election and extending the same to provide for cases not herein specified.

b. For an election held at the time of the general election, the ballot shall be prepared in accordance with the provisions of Title 19 of the Revised Statutes.

L.1971, c.197, s.1; amended 1994, c.77, s.20; 2017, c.206, s.12.
For an election held at the time of the general election or at a time other than at the time of the general election, the voter registration procedures set forth in R.S.19:31-1 et seq. shall apply.

L.1971, c. 197, s. 1, eff. July 1, 1971. amended 1973, c.25, s.2; 2017, c.206, s.13.
For an election held at a time other than at the time of the general election, the superintendent of elections of any county having a superintendent of elections or the county board of elections of any county not having a superintendent of elections, may upon application of the board of commissioners of any fire district, loan or rent to said board, one or more voting machines owned by the county, for a period of time which does not conflict with any State, county, municipal or school district election, for the purpose of conducting a fire district election as required by law. The loan or rental of a voting machine or machines for this purpose shall be upon such terms and conditions as may be determined by the board of chosen freeholders of the county.

In any case in which voting machines are made available for such purpose, the use thereof for any fire district election shall be held as provided herein.

Amended 2017, c.206, s.14.
For an election held at a time other than at the time of the general election, upon petition of 25 or more voters, filed with the clerk of the board at least 20 days prior to the date of any election, after the first election, the board of fire commissioners, by resolution, may divide the fire district into 2 or more polling places.

The polls for any election held at a time other than at the time of the general election shall be opened between the hours of 2:00 and 9:00 P.M., but the board may designate a later closing hour on the same day. The board shall furnish the necessary books for the entries of the names and addresses of the voters in such election.

Amended 2017, c.206, s.15.
For an election held at a time other than at the time of the general election, before the opening of the polls, a public proclamation shall be made by the chairman of the board or the clerk or his or their representative as to the purpose of the voting. Two tellers for each polling place shall be appointed by the chairman or clerk and thereupon the polls shall be opened and the balloting shall continue without recess until the closing of the polls. Immediately after the close of the polls the clerk and tellers shall forthwith canvass the vote and certify the results. The clerk shall publicly announce the results.

Amended 2017, c.206, s.16.
a. Any appropriation or other matter to be voted upon at an election held at a time other than at the time of the general 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.

b. Any appropriation or other matter to be voted upon at an election held at the time of the general election shall be in the form of a question placed upon the ballot in accordance with the requirements of Title 19 of the Revised Statutes.

L.1971, c.197, s.1; amended 1994, c.77, s.21; 2017, c.206, s.17.
The fire commissioners of any fire district shall introduce and approve the annual budget not later than 60 days prior to the annual election held pursuant to N.J.S. 40A:14-72. The budget shall be introduced in writing at a meeting of the fire commissioners. Approval thereof shall constitute a first reading which may be by title, and the fire commissioners shall at that time fix the time and place for the holding of a public hearing upon the budget. Notice of the date, time, place and purpose of such public hearing, and of the time and place at which a copy of the approved budget shall be available to each person requesting it during the week preceding such public hearing, shall be advertised at least 10 days prior to such hearing in a newspaper having substantial circulation in the fire district.

L.1979, c. 453, s. 5.

 

NJSA Title 40A - Municipalities and Counties 40A:16

If a governing body shall fail to fill a vacancy in the office of mayor as provided in N.J.S. 40A:16-4a or 40A:16-5a within the 30-day period prescribed by N.J.S. 40A:16-11 or 40A:16-12, the municipal clerk shall forthwith fix the date for a special election to fill the vacancy to be held not less than 45 days nor more than 50 days after the expiration of the time fixed for the filling of the vacancy. If the date fixed for a special election shall fall within 20 days prior to the holding of any general election, regular municipal election or any other election within the municipality, the vacancy shall be filled at that election. If the date fixed for a special election shall fall within 20 days after the holding of any general election, regular municipal election or any other election within the municipality, then the special election to fill the vacancy shall be held not less than 20 days nor more than 25 days from the date of that election.

Notwithstanding the foregoing, if a vacancy in the office of mayor occurs in the final 6 months of the term of the mayor, no special election shall be held to fill the vacancy.

No appointment shall be made by a governing body to fill a vacancy occurring in the office of a mayor after the fixing of a date for a special election to fill the vacancy pursuant to this Section

L.1979, c. 83, s. 1, eff. April 26, 1979. Amended by L.1980, c. 93, s. 1, eff. Aug. 28, 1980.
If at any time after an election for the office of mayor or for a member of the governing body and before the time fixed for the commencement of the term of the office, the person elected to that office dies, the municipal committee of the political party of which the person elected was the nominee shall appoint another person to fill the position until the next regular municipal election. If the person elected was not the nominee of a political party, on or within 30 days after the time fixed for the commencement of the term of office, the governing body shall appoint a successor to fill the office until the next regular municipal election without regard to party.

L.1979, c.83, s.1;Amended 1980,c.93,s.2; 1993,c.341.
Whenever the office of mayor or of member of the governing body shall be declared or deemed vacant pursuant to R.S. 19:3-25, the municipal clerk shall forthwith fix the date for a special election to fill that office for its term or unexpired term, as the case may be, to be held not less than 45 days nor more than 50 days from the date upon which the office was so declared or deemed to be vacant.

L.1979, c. 83, s. 1, eff. April 26, 1979. Amended by L.1980, c. 93, s. 3, eff. Aug. 28, 1980.
If at any time after an election for the office of mayor or for a member of the governing body and before the time fixed for the commencement of the term of the office, it shall be determined that the person elected to that office shall no longer have the qualifications required for the office, the municipal clerk shall forthwith fix the date for a special election to fill the office for its term or unexpired term, as the case may be, to be held not less than 45 days nor more than 50 days from the date of such determination.

L.1979, c. 83, s. 1, eff. April 26, 1979. Amended by L.1980, c. 93, s. 4, eff. Aug. 28, 1980.
The municipal clerk upon the fixing of a date for the holding of a special election shall immediately cause to be published in a legal newspaper circulating within the municipality a notice setting forth the date of the special election, its purpose, and the date when the nomination of candidates for election shall be filed in the clerk's office.

L.1979, c. 83, s. 1, eff. April 26, 1979.
The nomination of a successor to be elected at a special election as provided in N.J.S. 40A:16-14, 40A:16-15, 40A:16-16 and 40A:16-17 shall be made in the following manner:

a. In municipalities holding elections for municipal officers at the time of a general election, the municipal committees of the political parties in the municipality shall, no later than 15 days from the expiration of the time fixed in N.J.S. 40A:16-14 for the filling of a vacancy by appointment or from the happening of the events set forth in N.J.S. 40A:16-15, 40A:16-16 and 40A:16-17, select their candidates for election to the office, and file a statement of their selections with the municipal clerk. The statements so filed shall conform to the provisions of R.S. 19:13-20. Other candidates for election to such office shall be nominated by petition in the manner set forth in subsection b. of this Section.

b. In municipalities holding regular municipal elections, nomination shall be by petition in writing filed with the municipal clerk. The petition shall be signed by a number of the registered and qualified voters of the municipality if the successor is to be elected at large, or of the ward if the successor is to be elected from a ward, equal to at least 0.5% of the total number of votes cast in the municipality, or ward, as the case may be, at the last preceding general election at which members of the General Assembly were elected, but in no case shall such petition be signed by fewer than 25 such voters. The petition shall be filed with the municipal clerk no later than 15 days from the expiration of the time prescribed in N.J.S. 40A:16-14 for the filling of a vacancy by appointment or from the happening of the events set forth in N.J.S. 40A:16-15, 40A:16-16 and 40A:16-17. The municipal clerk shall forthwith examine the petition, and, if he finds it to be defective in any particular, he shall return the petition to the person nominated thereby setting forth his reasons in writing. Within 3 days after its return, the petition as corrected may be refiled with the municipal clerk.

L.1979, c. 83, s. 1, eff. April 26, 1979.L.1979, c. 83, s. 1, eff. April 26, 1979.
The nomination of a successor to be elected at a regular municipal or general election shall be made in the manner provided in Title 19 of the Revised Statutes.

L.1979, c. 83, s. 1, eff. April 26, 1979.

 

NJSA Title 40A - Municipalities and Counties 40A:60

a. The mayor shall be elected by the voters of the municipality at large and serve for a term of four years and until his successor shall have qualified.

b. (1) The council shall consist of six members, elected at large, and shall serve for a term of three years and until their successors shall have qualified. Their terms shall be arranged, by lot if necessary, so that the terms of two councilmen shall expire at the end of each year; and

(2) Notwithstanding the provisions set out in paragraph (1) above, a borough that has been divided into wards prior to the effective date of this act shall continue to be divided into wards for so long as theordinance establishing the wards remains in effect.

c. There shall be held annually, at the time provided by law for holding general elections, an election for borough officers.

(Source: R.S. 40:87-1, R.S. 40:87-2 et seq., R.S. 40:87-9 and R.S. 40:87-14.)(Added by P.L. 1987, c.379, effective January 8, 1988.)

 

NJSA Title 40A - Municipalities and Counties 40A:61

a. (1) The mayor shall be elected by the voters of the city at large and serve for a term of four years and until his successor shall have qualified;

(2) Notwithstanding the provisions set out in paragraph (1) of subsection a. of this section, any city which elected its mayor for a two or three year term prior to the effective date of this act shall continue to elect its mayor for that term, until such time as the city has adopted by referendum of the voters the provisions of this act.

b. (1) The council shall consist of seven members; six shall be elected from two wards for staggered three year terms and one shall be elected at large for a four year term. The terms of the councilmen elected from wards shall be arranged, by lot if necessary, so that the terms of two councilmen, one from each ward, shall expire at the end of each year.

(2) Any city which, prior to the effective date of this act, had a council whose method of election, composition, or tenure of its membership differed in any way from the provisions of paragraph (1) of subsection b. of this section shall continue to be governed by those provisions which determined the council's method of election, composition or tenure of its membership prior to the effective date of this act, until such time as the city has adopted, by referendum of the voters, the provisions of this act.

c. No city shall elect any officers other than the mayor and council.

d. There shall be held annually, at the time provided by law for holding general elections an election for city officers.

(Source: R.S. 40:108-1.) L. 1987, c. 314, s. 1.

 

 


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