Bill Text: NJ A4858 | 2018-2019 | Regular Session | Introduced
Bill Title: Clarifies provision of law regarding length of time person may serve on school board after appointment to fill board vacancy.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2019-01-15 - Introduced, Referred to Assembly Education Committee [A4858 Detail]
Download: New_Jersey-2018-A4858-Introduced.html
Sponsored by:
Assemblyman SEAN T. KEAN
District 30 (Monmouth and Ocean)
SYNOPSIS
Clarifies provision of law regarding length of time person may serve on school board after appointment to fill board vacancy.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning school board members and amending N.J.S.18A:12-5.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. N.J.S.18A:12-15 is amended to read as follows:
18A:12-15. Vacancies in the membership of the board shall be filled as follows:
a. By the county superintendent, if the vacancy is caused by the absence of candidates for election to the school board or by the removal of a member because of lack of qualifications, or is not filled within 65 days following its occurrence;
b. By the county superintendent, to a number sufficient to make up a quorum of the board if, by reason of vacancies, a quorum is lacking;
c. By special election, if in the annual school election two or more candidates qualified by law for membership on the school board receive an equal number of votes. Such special election shall be held only upon recount and certification by the county board of elections of such election result, shall be restricted to such candidates, shall be held within 60 days of the annual school election, and shall be conducted in accordance with procedures for annual and special school elections set forth in Title 19 of the Revised Statutes. The vacancy shall be filled by the county superintendent if in such special election two or more candidates qualified by law for membership on the school board receive an equal number of votes;
d. By special election if there is a failure to elect a member at the annual school election due to improper election procedures. Such special election shall be restricted to those persons who were candidates at such annual school election, shall be held within 60 days of such annual school election, and shall be conducted in accordance with the procedures for annual and special school elections set forth in Title 19 of the Revised Statutes;
e. By the commissioner if there is a failure to elect a member at the annual school election due to improper campaign practices; or
f. By a majority vote of the remaining members of the board after the vacancy occurs in all other cases.
[Each] g. Except as otherwise provided in paragraphs (1) and (2) of this subsection, a member so appointed shall serve until the organizational meeting following the next annual election [unless the member is appointed to fill a vacancy occurring within the 60 days immediately preceding such election if the annual election is held in April, or occurring after the third Monday in July if the election is held in November, to fill a term extending beyond such election, in which case the member shall serve until the organizational meeting following the second annual election next succeeding the occurrence of the vacancy, and any vacancy for the remainder of the term shall be filled at the annual election or the second annual election next succeeding the occurrence of the vacancy, as the case may be] . Any vacancy for the remainder of the term shall be filled at the annual election next succeeding the occurrence of the vacancy.
(1) In a school district with an April election, if a member is appointed to fill a vacancy occurring within 60 days immediately preceding the election, to fill a term extending beyond the election, the appointee shall serve until the organizational meeting following the second annual election next succeeding the occurrence of the vacancy. Any vacancy for the remainder of the term shall be filled at the second annual election next succeeding the occurrence of the vacancy;
(2) In a school district with a November election, if a member is appointed to fill a vacancy occurring after the third Monday in July, to fill a term extending beyond the election, the appointee shall serve until the organizational meeting following the second annual election next succeeding the occurrence of the vacancy. Any vacancy for the remainder of the term shall be filled at the second annual election next succeeding the occurrence of the vacancy.
(cf: P.L.2013, c.172, s.2)
2. This act shall take effect immediately.
STATEMENT
The bill is intended to clarify the provision of law that sets forth the length of time a person may serve on a board of education after having been appointed to fill a board vacancy. The intent of the bill is to make the provision more understandable, without altering the substance of the provision.
Under N.J.S.18A:12-5, the length of time a person may serve after having been appointed to fill a vacancy depends on when the vacancy occurs. On a board with an April election, if the vacancy occurs within the 60 days immediately preceding the election, the appointee serves until the organizational meeting following the second annual election. If the vacancy occurs prior to the 60 days immediately preceding the election, the appointee serves until the organizational meeting following the next annual election. In the case of a board with a November election, if the vacancy occurs after the third Monday in July, the appointee serves until the organizational meeting following the second annual election. If the vacancy occurs prior to the third Monday in July, the appointee serves until the organizational meeting following the next annual election.
