Title 40, Title 40: MUNICIPALITIES AND COUNTIES

40:75-26. Construction of article The provisions of this article shall be liberally construed, and are not to be taken in derogation of the rights of any person holding the office of commissioner.

40:75-27. Recall procedure Any commissioner may be removed by means of a recall after he has been in office one year. The procedure to effect the recall of an incumbent of the office of commissioner shall be as follows: A recall petition signed by at least twenty-five per centum …

40:75-28. Clerk to examine petition; amendment and refiling The clerk shall examine the recall petition to ascertain whether or not it conforms to the requirements of this article. He shall complete this examination within ten days from the receipt thereof. In examining the signa…

40:75-29. Clerk to call election; notice of election If the clerk shall determine that the petition conforms to the requirements of this article he shall proceed to call an election for the recall of the incumbent, as follows: He shall immediately prepare a certificate of notice …

40:75-30. Notice of election served on commissioners; publication A copy of the above certificate shall be served on the commissioner to be recalled and also upon the other commissioners of such municipality if the aforesaid commissioners can be found. Copies of this certificate …

40:75-31. Time for holding recall election; arrangements; expenses The clerk shall fix a day for holding the recall election which, if convenient, shall be a Tuesday falling between the thirtieth and fortieth days after the date of the certificate of notice provided for in sectio…

40:75-32. Petition nominating successor; form and content; filing Nominations for successors to the commissioner proposed to be recalled shall be by petition for nomination signed by at least fifteen per cent of the legal voters of the municipality and filed with the clerk at lea…

40:75-33. Clerk to examine petition; if defective clerk to return petition If the clerk shall believe the petition for nomination to be defective in any particular, he shall return the same to the person accepting the nomination for correction and the petition for nomination may …

40:75-34. Procedure where incumbent resigns; where incumbent contests recall; incumbent's petition If the incumbent shall resign within three days after the certificate of notice shall have been served upon him, these proceedings shall be modified accordingly, and the election of…

40:75-35. Clerk to examine incumbent's petition; amendment and refiling If the clerk shall believe the incumbent's petition to be defective in any particular, he shall return it to the incumbent with his reasons therefor, and the petition may be corrected and returned within thre…

40:75-36. Failure to file incumbent's petition deemed resignation If the incumbent shall fail to file an incumbent's petition within the time limited herein, he shall be deemed to have resigned, his office shall forthwith become vacant, and his term of office as commissioner shal…

40:75-37. Several recall petitions may be consolidated If more than one recall petition shall be filed with the clerk at or about the same time, so that more than one election would be required under the provisions of this article, the elections shall be consolidated, but the rec…

40:75-38. Ballot; form and content The ballot to be used in the recall election shall be in substantially the following form: "Number ........ official ballot for recall election. ............................Ward. ........................ Precinct. If you are in favor of the reca…

40:75-39. Adding names to registry list; no primary election 40:75-39. A judge of the Superior Court shall sit in a public place in the municipality where the recall election is to be held on at least one day in the week prior to the day of the election. He may by order grant tra…

40:75-40. Conduct of election; duties of clerk and election officers The clerk shall provide the boards of election with the necessary registry and other books, ballots and tally sheets necessary to carry out the recall election, and the boards of election shall perform their dut…

40:75-41. Conduct of election; laws applicable The recall election shall be conducted and returned in the same manner as general elections and, except as otherwise provided in this article, the laws relating to general elections.

40:75-42. Result of election determined; vote required If a majority of the electors voting at the recall election shall vote to recall the incumbent as evidenced by marking a cross ( x ) or plus (+) in the square upon the ballot opposite the word YES, the office of the incumbent…

40:75-43. Successor to incumbent; eligibility, election, powers and duties If the office of the incumbent shall become vacant either by his resignation, failure to file an incumbent's petition, or by the result of the recall election, his successor shall be the nominee receiving …

40:75-44. Clerk to present objections to Superior Court judge Whenever the municipal clerk shall believe any petition for recall, petition for nomination, incumbent's petition, or other petition, to be defective, he shall, before returning the petition as provided herein, present…

40:75-45. Superior Court assignment judge to sit on election day; action to insure fair election In order to more fully carry out the spirit of this article and to prevent the failure of the recall election by reason of any conflict of laws, inadequacy of law, dispute, misunderst…

40:75-46. Election not to be restrained or delayed; effect of writs In order to prevent an incumbent or any other person acting either directly or indirectly in his behalf, from delaying or obstructing the recall election and thereby preventing the incumbent's removal, no writ or…

40:75-47. Petitions need not be on single paper; minor defects immaterial No petition required by this article need be upon a single paper, but any such petition may be upon any number of separate papers, for the purpose of more conveniently obtaining signatures. The form of each…

40:75-48. Reorganization of board after recall After the incumbent has been recalled and the nominee has succeeded him in the office of commissioner, the board may reorganize and reassign the various departments as provided in article 2 of chapter 72 of this title (s. 40:72-2 et …

40:75-49 Certain acts prohibited; penalties. 40:75-49. Any person not an elector who shall willfully and knowingly sign any petition provided for in this article and any person advising, aiding or abetting any such person not an elector to sign any petition provided for in this a…