Title 40, Title 40: MUNICIPALITIES AND COUNTIES

40:69A-17. Other proceedings pending; no new resolution or petition within 4 years No ordinance may be passed and no petition may be filed for the election of a charter commission pursuant to section 1-1 of this act while proceedings are pending under any other petition or ordina…

40:69A-170. Signatures to recall petition The signatures to a recall petition need not all be appended to one paper but each signer shall add to his signature his place of residence giving the street and number or other sufficient designation if there shall be no street and numbe…

40:69A-171. Notice to officer; recall election; notice of filing of petition If the petition shall be sufficient the municipal clerk shall within two days notify the mayor, councilman or councilmen whose recall is sought thereby. If such notice cannot be served personally upon th…

40:69A-172. Ballots The ballots at the recall election shall conform to the requirements respecting the election of municipal officers in the municipality, as provided in this article or in Title 19 of the Revised Statutes (Elections), whichever shall apply in the municipality in…

40:69A-173. Removal of more than one officer If the removal of more than one officer is sought the same provisions for submitting to the electors the question and direction hereinbefore described shall be repeated in the case of each officer concerned and their position on the ba…

40:69A-174. Election of successor; use of recall ballot The same ballot used for submitting the question or questions of recall shall be used for the election of a successor to the incumbent sought to be removed and immediately under the black line following the recall question s…

40:69A-175. Laws governing recall elections; selection of candidate for successor of recalled incumbent The provisions of this article or of Title 19 of the Revised Statutes (Elections), whichever shall apply in the municipality in accordance with the provisions of this act, conc…

40:69A-176. Publication of notices of arrangements for recall elections; conduct The municipal clerk shall cause to be made due publication of notices of arrangements for holding all recall elections and they shall be conducted as are other elections for municipal officers in the…

40:69A-177. Results of election (a) If a majority of votes in connection with the recall of any officer be in favor of the recall, the term of office of such officer shall terminate, upon the certification of the results of election by the municipal clerk. (b) If the results of s…

40:69A-178. Successor where incumbent resigns or is recalled If the office of the incumbent shall become vacant either by his resignation or by the result of the recall election, his successor shall be the nominee receiving the greatest number of votes at the recall election. The…

40:69A-179. Meetings of council; journal The council shall by ordinance or resolution designate the time of holding regular meetings, which shall be at least monthly. The mayor may, and upon written request of a majority of the members of the council, shall, call a special meetin…

40:69A-18. Adoption of optional plan without charter commission The legally qualified voters of any municipality may adopt any of the optional plans provided in this act upon petition and referendum, without a charter commission, hereinafter provided. L.1950, c. 210, p. 467, s. 1…

40:69A-180. Rules of procedure; quorum; ordinances and resolutions; presiding officer; compensation (a) Council shall determine its own rules of procedure, not inconsistent with ordinance or statute. A majority of the whole number of members of the council shall constitute a quor…

40:69A-181. Adoption and publication of ordinances; effective date (a) Except as may otherwise be provided in this act, all ordinances shall be adopted and published in the manner required by general law; provided, however, that any ordinance may incorporate by reference any stan…

40:69A-182. Recording of ordinances and resolutions The municipal clerk shall record all ordinances and resolutions adopted by council and at the close of each year, with the advice and assistance of the municipal attorney, shall bind, compile or codify all the ordinances and res…

40:69A-183. Rules and regulations; filing; publication No rule or regulation made by any department, officer, agency or authority of the municipality, except such as relates to the organization or internal management of the municipal government or a part thereof, shall take effec…

40:69A-184. Petition; percentage of legal voters required The voters of any municipality may propose any ordinance and may adopt or reject the same at the polls, such power being known as the initiative. Any initiated ordinance may be submitted to the municipal council by a petit…

40:69A-185. Power of referendum; time for filing petition The voters shall also have the power of referendum which is the power to approve or reject at the polls any ordinance submitted by the council to the voters or any ordinance passed by the council, against which a referendu…

40:69A-186. Petition papers; affidavits All petition papers circulated for the purposes of an initiative or referendum shall be uniform in size and style. Initiative petition papers shall contain the full text of the proposed ordinance. The signatures to initiative or referendum …

40:69A-187. Filing of petition papers; examination; certification of result All petition papers comprising an initiative or referendum petition shall be assembled and filed with the municipal clerk as one instrument. Within twenty days after a petition is filed, the municipal cle…

40:69A-188. Amendment of initiative or referendum petition An initiative or referendum petition may be amended at any time within ten days after the notification of insufficiency has been served by the municipal clerk, by filing a supplementary petition upon additional papers sig…

40:69A-189. Suspension of ordinance Upon the filing of a referendum petition with the municipal clerk, the ordinance shall be suspended until ten days following a finding by the municipal clerk that the petition is insufficient or, if an amended petition be filed, until five days…

40:69A-19. Petition for election upon adoption of optional plan of government Upon petition of the registered voters of any municipality, an election shall be held in the municipality upon the question of adopting any of the optional plans of government provided in this act. The …

40:69A-190. Submission to municipal council Upon a finding by the municipal clerk that any petition or amended petition filed with him in accordance with this act is sufficient, the clerk shall submit the same to the municipal council without delay. An initiative ordinance so sub…

40:69A-191. Submission of ordinance to voters; withdrawal of petition If within 20 days of the submission of a certified petition by the municipal clerk the council shall fail to pass an ordinance requested by an initiative petition in substantially the form requested or to repea…

40:69A-192. Timing of election at which submitted to voters 17-43. a. Any ordinance to be voted on by the voters in accordance with section 17-36 or section 17-42 of this act (C.40:69A-185 or C.40:69A-191) shall be submitted at the next general or regular municipal election occur…

40:69A-192.1 Question submitted, county clerk, no later than 74th day preceding election. 23. Any question to be submitted to the voters pursuant to section 192 of P.L.1950, c.210 (C.40:69A-192) shall be submitted to the county clerk not later than the 74th day preceding the elec…

40:69A-193. Number of proposed ordinances voted upon; time between special elections Any number of proposed ordinances may be voted upon at the same election in accordance with the provisions of this article, but there shall not be more than one special election in any period of …

40:69A-194. Publication of ordinance Whenever an ordinance is to be submitted to the voters of the municipality at any election in accordance with this article, the clerk shall cause the ordinance to be published in at least two of the newspapers published or circulated in the mu…

40:69A-195. Ballots The ballots to be used at such election shall be in substantially the following form: "To vote upon the public question printed below, if in favor thereof mark a cross (X) or plus (+) or check (/) in the square at the left of the word Yes, and if opposed there…

40:69A-196 Repeal, amendment of ordinances. 17-47. a. If a majority of the qualified electors voting on the proposed ordinance shall vote in favor thereof, such ordinance shall thereupon become a valid and binding ordinance of the municipality and be published as in the case of o…

40:69A-2. Election of charter commission members at same time public question is submitted A charter commission of five members shall be elected by the qualified voters at the same time as the public question is submitted. Duly nominated candidates for the office of charter commi…

40:69A-20. Submission of question The municipal clerk shall provide for the submission of the question at the next general or regular municipal election if one is to be held not less than sixty days nor more than one hundred twenty days after the filing of the petition, and if a …

40:69A-205 Adoption of schedule of installation of optional plan. 17-56. The schedule of installation of an optional plan adopted pursuant to this act shall, as provided herein, take the following course: (a) An election to submit the question of adoption of an optional plan may …

40:69A-206. Charters, amendments and supplements superseded; existing ordinances and resolutions remain in force where not inconsistent Upon the effective date of an optional charter adopted pursuant to this act, any other charter and its amendments and supplements theretofore ap…

40:69A-207. Offices abolished on effective date of plan; administrative code 17-58. a. At 12 o'clock noon on the effective date of an optional plan adopted pursuant to this act, all offices then existing in such municipality shall be abolished and the terms of all elected and app…

40:69A-207.1. Local industrial commissions; continuance or reestablishment The governing body of any municipality governed by a form of government authorized by the "Optional Municipal Charter Law" may by ordinance provide for the continuance or reestablishment, as the case may b…

40:69A-208. Appointments between election and time of taking office under optional plan; pending actions and proceedings (a) No subordinate board, department, body, office, position or employment shall be created and no appointments shall be made to any subordinate board, departm…

40:69A-208.1. Continuance of charter adopted prior to Jan. 9, 1982 of municipality with mayor-council plan Any municipality having adopted, prior to the effective date of this amendatory and supplementary act, a charter encompassing a mayor-council plan of government heretofore a…

40:69A-208.2. Continuance of charter adopted prior to Jan. 9, 1982 of municipality with council-manager plan Any municipality having adopted, prior to the effective date of this amendatory and supplementary act, a charter encompassing a council-manager plan of government heretofo…

40:69A-208.3. Continuance of charter adopted prior to Jan. 9, 1982 of municipality with small municipality plan Any municipality having adopted, prior to the effective date of this amendatory and supplementary act, a charter encompassing a small municipality plan of government he…

40:69A-209. Partial invalidity If any clause, sentence, paragraph, section or part of this act shall be adjudged by any court of competent jurisdiction to be invalid, such judgment shall not affect, impair or invalidate the remainder thereof, but shall be confined in its operatio…

40:69A-21. Other proceedings pending; no new petition within 4 years No petition for submission of the question of adopting an optional plan of government pursuant to section 1-18 et seq. of this act may be filed while proceedings are pending pursuant to another such petition, or…

40:69A-210. Short title This act shall be known as the Optional Municipal Charter Law. L.1950, c. 210, p. 524, s. 17-61, eff. June 8, 1950.

40:69A-22. Vote in favor of change in form of government Whenever the legally qualified voters of any municipality by a majority of those voting on the question, vote in favor of adopting a change in their form of government pursuant to this act, either by the charter commission …

40:69A-23 Optional form of government; adoption, no vote for 10 years thereafter to change. 1-23. The voters of any municipality which has adopted an optional form of government pursuant to this act may not vote on the question of adopting another form of government until 10 year…