Title 40, Title 40: MUNICIPALITIES AND COUNTIES

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…

40:76-1. After six years may resume charter Any municipality which shall have operated for more than six years under the provisions of the act entitled "An act relating to, regulating and providing for the government of cities, towns, townships, boroughs, villages and municipalit…

40:76-10. Petition amended; refiling The agent to whom the petition has been returned, as provided in section 40:76-9 of this title may cause the petition to be amended or supplemented to correct any error or supply any deficiency shown by the order of the court, and may again fi…

40:76-11. Clerk to examine amended petition; procedure same as with original The municipal clerk shall make a similar examination of the amended or supplemented petition, as is provided for in section 40:76-5 of this Title when the petition was originally filed. If this examinati…

40:76-12. When petition finally accepted clerk to call election; procedure When it has been determined, by either the municipal clerk or a judge of the Superior Court, that the petition conforms to the provisions of this chapter, the clerk shall forthwith call a special election,…

40:76-13. Clerk to fix date for election; how fixed The clerk shall fix a day for holding the special election, which shall be a Tuesday not more than thirty nor less than twenty days after the date of the certificate of notice provided for in section 40:76-15 of this title.

40:76-14. Election not to be held in year of regular election No special election for the submission of the proposition of the abandonment of the commission form of government to the voters of any municipality, shall be held in any municipality during the year in which commission…

40:76-15. Notice of election; form and content The municipal clerk shall forthwith prepare a certificate of notice in the following form: "This is to certify that a petition has been filed with the clerk of (insert name of municipality) requesting that a special election be calle…

40:76-16. Copy of notice filed with board of commissioners A copy of the certificate of notice shall be filed with the board of commissioners of the municipality at its first meeting following the date of such certificate.

40:76-17. Copies of notice posted and published Copies of the certificate of notice shall be posted at least ten days prior to the election in at least twenty different conspicuous public places in the municipality, and published once a week for three successive weeks immediately…

40:76-18. Arrangements for election; expenses The municipal clerk and the board of commissioners shall make or cause to be made all arrangements for holding the special election, and shall provide all necessary funds therefor, and the board of commissioners are hereby required an…

40:76-19. Time and place of election; conduct of election The special election shall be held at the usual place or places of holding the annual election in the municipality if the same be practicable, but if not practicable the clerk shall provide a suitable voting place in each …

40:76-2. Petition for submission; proposition stated A petition in writing, signed by not less than twenty-five per cent of the electors of the municipality, shall be filed by the agent designated in the petition with the municipal clerk, requesting that a special election be cal…

40:76-20. Addition of names to registry books; county board to sit The county board of election shall sit in some public place in the municipality where the special election is to be held, on at least one day in the week prior to the day of the special election. It may, by order,…

40:76-21. Ballot; number, form and content The municipal clerk shall provide ballots for each voter at such special election, to be printed on plain, substantial, white paper. The number of ballots to be provided by the clerk for each voting district in the municipality shall be …

40:76-22. Results canvassed and certified; contents of certificate The election officers shall report to the municipal clerk, immediately after completing the count of the ballots, a true and correct statement in writing under their hands of the results of the election and the cl…

40:76-23. Vote required for adoption; effect of adoption; exceptions If the certificate of the municipal clerk shows that both the majority of the votes cast are in favor of the proposition and that the number of the votes cast in favor thereof is equal in number to at least thir…

40:76-24. Application and operation of certain laws not affected Nothing in this chapter shall be construed to affect the application of chapter eight of Title 2A of the New Jersey Statutes, nor shall anything herein be construed to impair the operation of chapter three of this T…

40:76-25. Educational system unaffected The system of public education in any municipality which may take advantage of this chapter shall not be affected thereby.

40:76-26 Proposition not adopted, resubmission to voters. 40:76-26. If a majority of the votes cast at the special election are against the proposition submitted, no other petition for the submission, to the voters of such municipality, of the same proposition, as provided for in…

40:76-27. Certain acts prohibited; penalties Any person not an elector who shall willfully and knowingly sign any petition provided for in this chapter, and any person who shall willfully and knowingly advise, aid or abet any person not an elector to sign any petition provided fo…

40:76-3. Petition; form and content The petition shall be in substantially the following form: "To the clerk of ........................... (insert name of municipality). You are hereby requested to call a special election, which shall not be held later than August the fifteenth …

40:76-4. Petition need not be on single paper; affidavit annexed The petition need not be on a single paper, but may be on any number of separate sheets of paper, for the purpose of more conveniently obtaining signatures. Each separate paper shall be in the form provided in secti…

40:76-5. Clerk to examine petition; minor deviations permissible The municipal clerk shall examine the petition, within ten days of the date of its being filed with him, to ascertain whether or not it conforms to the requirements of this chapter. In examining the signatures of th…

40:76-6. Defective petitions; clerk to notify agent If he shall determine that the petition does not conform to the requirements of this chapter, then within ten days from the date of the filing of the petition with him the clerk shall personally serve in writing, upon the person…

40:76-7. Determination of validity of clerk's objections The agent who filed the petition may, however, within ten days after service upon him of the municipal clerk's objections as provided in section 40:76-6 of this Title, apply to a judge of the Superior Court for a determinat…

40:76-8. If petitioners prevail clerk to call election The judge of the Superior Court shall hear and determine, in a summary manner, the question as to the legality of the clerk's objections, and if he shall determine that the petition as filed with the clerk conforms to the pro…

40:76-9. If clerk prevails petition returned to agent If the judge shall determine that the petition, as filed with the clerk, does not conform to the provisions of this chapter, he shall forthwith make an order, sustaining any or all of the clerk's objections, and shall order an…

40:78-1. Villages coextensive with township; certain township offices abolished In any township where there exists a village operating under the commission form of government, the boundaries or territorial limits of which are coextensive with those of the township after excepting…

40:78-2. Clerk to turn over records; village clerk to act The clerk of such township shall forthwith turn over to the clerk of such village, all books, papers, vouchers and assets of the township being in his hands as such clerk, and the village clerk shall perform all the duties…