Bill Text: NJ S2146 | 2012-2013 | Regular Session | Introduced
Bill Title: Changes date for election of fire district commissioners from third Saturday in February to day of primary election.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2012-07-26 - Introduced in the Senate, Referred to Senate State Government, Wagering, Tourism & Historic Preservation Committee [S2146 Detail]
Download: New_Jersey-2012-S2146-Introduced.html
Sponsored by:
Senator JEFF VAN DREW
District 1 (Atlantic, Cape May and Cumberland)
SYNOPSIS
Changes date for election of fire district commissioners from third Saturday in February to day of primary election.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning the election of fire district commissioners, amending various parts of the statutory law, and repealing N.J.S.40A:14-74 through N.J.S.40A:14-77.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. R.S.19:1-1 is amended to read as follows:
19:1-1. As used in this Title:
"Election" means the procedure whereby the electors of this State or any political subdivision thereof elect persons to fill public office or pass on public questions.
"General election" means the annual election to be held on the first Tuesday after the first Monday in November and, where applicable, includes annual school elections held on that date.
"Primary election for the general election" means the procedure whereby the members of a political party in this State or any political subdivision thereof nominate candidates to be voted for at general elections, or elect persons to fill party offices and the election held to elect members of a board of fire district commissioners in districts holding such elections.
"Municipal election" means an election to be held in and for a single municipality only, at regular intervals.
"Special election" means an election which is not provided for by law to be held at stated intervals.
"Any election" includes all primary, general, municipal, school and special elections, as defined herein.
"Municipality" includes any city, town, borough, village, or township.
"School election" means any annual or special election to be held in and for a local or regional school district established pursuant to chapter 8 or chapter 13 of Title 18A of the New Jersey Statutes.
"Public office" includes any office in the government of this State or any of its political subdivisions filled at elections by the electors of the State or political subdivision.
"Public question" includes any question, proposition or referendum required by the legislative or governing body of this State or any of its political subdivisions to be submitted by referendum procedure to the voters of the State or political subdivision for decision at elections.
"Political party" means a party which, at the election held for all of the members of the General Assembly next preceding the holding of any primary election held pursuant to this Title, polled for members of the General Assembly at least 10% of the total vote cast in this State.
"Party office" means the office of delegate or alternate to the national convention of a political party or member of the State, county or municipal committees of a political party.
"Masculine" includes the feminine, and the masculine pronoun wherever used in this Title shall be construed to include the feminine.
"Presidential year" means the year in which electors of President and Vice-President of the United States are voted for at the general election.
"Election district" means the territory within which or for which there is a polling place or room for all voters in the territory to cast their ballots at any election.
"District board" means the district board of registry and election in an election district.
"County board" means the county board of elections in a county.
"Superintendent" means the superintendent of elections in counties wherein the same shall have been appointed.
"Commissioner" means the commissioner of registration in counties.
"File" or "filed" means deposited in the regularly maintained office of the public official wherever said regularly maintained office is designated by statute, ordinance or resolution.
(cf: P.L.2011, c.202, s.24)
2. R.S.19:12-7 is amended to read as follows:
19:12-7. a. The county board in each county shall cause to be published in a newspaper or newspapers which, singly or in combination, are of general circulation throughout the county, a notice containing the information specified in subsection b. hereof, except for such of the contents as may be omitted pursuant to subsection c. or d. hereof. Such notice shall be published once during the 30 days next preceding the day fixed for the closing of the registration books for the primary election, once during the calendar week next preceding the week in which the primary election for the general election is held, once during the 30 days next preceding the day fixed for the closing of the registration books for the general election, and once during the calendar week next preceding the week in which the general election is held.
b. Such notice shall set forth:
(1) For the primary election for the general election:
(a) That a primary election for making nominations for the general election, for the selection of members of the county committees of each political party, for the election of fire district commissioners, and in each presidential year for the selection of delegates and alternates to national conventions of political parties, will be held on the day and between the hours and at the places provided for by or pursuant to this Title.
(b) The place or places at which and hours during which a person may register, the procedure for the transfer of registration, and the date on which the books are closed for registration or transfer of registration.
(c) The several State, county, fire district, and party offices or positions to be filled, or for which nominations are to be made, at such primary election, and any public questions pertaining to the fire district.
(d) The existence of registration and voting aids, including: (i) the availability of registration and voting instructions at places of registration as provided under R.S.19:31-6; and (ii), if available, the accessibility of voter information to the deaf by means of a telecommunications device.
(e) The availability of assistance to a person unable to vote due to blindness, disability or inability to read or write.
(f) In the case of the notice published during the calendar week next preceding the week in which the primary election is held, that a voter who, prior to the election, shall have moved within the same county without (i) filing, on or before the 21st day preceding the election, a notice of change of residence with the commissioner of registration of the county or the municipal clerk of the municipality in which the voter resides on the day of the election, (ii) returning the confirmation notice sent to the voter by the commissioner of registration of the county, if such a notice has been sent to the voter, or (iii) otherwise notifying the commissioner of registration of the voter's change of address within the county shall be permitted to correct the voter's registration and to vote in the primary election by provisional ballot at the polling place of the district in which the voter resides on the day of the election. The notice shall further provide that the voter may contact the county commissioner of registration or municipal clerk to determine the proper polling place location for the voter.
(2) For the general election:
(a) That a general election will be held on the day and between the hours and at the places provided for by or pursuant to this Title and, where applicable, shall include annual school elections held on that date.
(b) The place or places at which and hours during which a person may register, the procedure for transfer of registration, and the date on which the books are closed for registration or transfer of registration.
(c) The several State, county and municipal offices, and where applicable, school board offices to be filled, notice of any school district propositions to be submitted to the people and, except as provided in R.S.19:14-33 of this Title as to publication of notice of any Statewide proposition directed by the Legislature to be submitted to the people, the State, county and municipal public questions to be voted upon at such general election.
(d) The existence of registration and voting aids, including: (i) the availability of registration and voting instructions at places of registration as provided under R.S.19:31-6; and (ii) the accessibility of voter information to the deaf by means of a telecommunications device.
(e) The availability of assistance to a person unable to vote due to blindness, disability or inability to read or write.
(f) In the case of the notice published during the calendar week next preceding the week in which the general election is held, that a voter who, prior to the election, shall have moved within the same county without (i) filing, on or before the 21st day preceding the election, a notice of change of residence with the commissioner of registration of the county or the municipal clerk of the municipality in which the voter resides on the day of the election, (ii) returning the confirmation notice sent to the voter by the commissioner of registration of the county, if such a notice has been sent to the voter, or (iii) otherwise notifying the commissioner of registration of the voter's change of address within the county shall be permitted to correct the voter's registration and to vote in the general election by provisional ballot at the polling place of the district in which the voter resides on the day of the election. The notice shall further provide that the voter may contact the county commissioner of registration or municipal clerk to determine the proper polling place location for the voter.
(3) For a school election:
(a) The day, time and place thereof,
(b) The offices, if any, to be filled at the election,
(c) The substance of any public question to be submitted to the voters thereat,
(d) That a voter who, prior to the election, shall have moved within the same county without (i) filing, on or before the 21st day preceding the election, a notice of change of residence with the commissioner of registration of the county or the municipal clerk of the municipality in which the voter resides on the day of the election, (ii) returning the confirmation notice sent to the voter by the commissioner of registration of the county, if such a notice has been sent to the voter, or (iii) otherwise notifying the commissioner of registration of the voter's change of address within the county shall be permitted to correct the voter's registration and to vote in the school election by provisional ballot at the polling place of the district in which the voter resides on the day of the election,
(e) That if the voter has any questions as to where to vote on the day of the election, the voter may contact the county commissioner of registration or municipal clerk to determine the proper polling place location for the voter; and
(f) Such other information as may be required by law.
c. If such publication is made in more than one newspaper, it shall not be necessary to duplicate in the notice published in each such newspaper all the information required under this section, so long as:
(1) The municipal officers or party positions to be filled, or nominations made, or municipal public questions to be voted upon by the voters of any municipality, shall be set forth in at least one newspaper having general circulation in such municipality;
(2) All offices to be filled, or nominations made therefor, or public questions to be voted upon, by the voters of the entire State or of the entire county shall be set forth in a newspaper or newspapers which, singly or in combination, have general circulation throughout the county;
(3) Information relating to nominations and elections in each Legislative District comprised in whole or part in the county, shall be published in at least a newspaper or newspapers which singly or in combination, have general circulation in every municipality of the county which is comprised in such legislative district.
d. Such part or parts of the original notices as published which pertain to day of registration or primary election which has occurred shall be eliminated from such notice in succeeding insertions.
e. (Deleted by amendment, P.L.1999, c.232.)
f. The cost of publishing the notices required by this section shall be paid by the respective counties, unless otherwise provided for by law.
g. Notices required to be published or posted pursuant to this section shall set forth a general description of the contents of the voter information notice provided for in section 1 of P.L.2005, c.149 (C.19:12-7.1), how the notice may be viewed or obtained prior to the day of an election, and that the notice will be posted in each polling place on the day of an election.
(cf: P.L.2011, c.202, s.25)
3. R.S.19:23-22 is amended to read as follows:
19:23-22. The county clerk shall certify all of the persons so certified to him by the Secretary of State and in addition the names of all persons indorsed in petitions filed in his office to the clerk of each municipality concerned thereby in his respective county not later than the close of business of the 53rd day prior to the time fixed by law for the holding of the primary election, specifying in such certificate the political party to which the person or persons so nominated at the primary election for the general election or party office belong. Candidates for member of a board of fire district commissioners in districts holding such an election shall be certified without specifying political party affiliation. The county clerk shall also transmit this information with respect to persons, other than candidates for federal office, indorsed in petitions filed in his office to the Election Law Enforcement Commission in the form and manner prescribed by the commission and shall notify the commission immediately upon the withdrawal of a petition of nomination filed in his office.
(cf: P.L.2011, c.37, s.10)
4. Section 1 of P.L.1945, c.68 (C.19:23-22.1) is amended to read as follows:
1. In counties having a population of 700,000 or more inhabitants and in second class counties having a population of not less than 300,000 or more than 425,000 inhabitants and in counties having a population of not less than 150,000 or more than 300,000 inhabitants, each municipal clerk shall, on or before the sixth day following the last day for the filing of petitions for the primary election in each year, certify to the county clerk the full and correct names and addresses of all candidates for nomination for public, fire district, and party office, and the name of the political party of which such persons are candidates, other than candidates for member of a board of fire district commissioner in districts holding such an election, together with their slogan and designation, and the order in which their names were drawn in accordance with the provisions of Title 19 of the Revised Statutes.
(cf: P.L.1981, c.462, s.21)
5. Section 2 of P.L.1965, c.29 (C.19:23-22.4) is amended to read as follows:
2. In all counties the county clerk shall cause to be printed a sufficient number of official primary ballots and official primary sample ballots [of each political party], in proper form for the mailing of such sample ballots at the times and in the manner and number as required by the provisions of Title 19 of the Revised Statutes, and shall furnish such official primary sample ballots to the proper officer or officers on the earliest possible date preceding the primary election.
In the counties described by this section, for each election district within the county in which the primary language of 10% or more of the registered voters is Spanish, the county clerk shall similarly cause to be printed bilingually in English and Spanish a sufficient number of official primary sample ballots [of each political party], and shall similarly furnish such official primary sample ballots to the proper officer or officers.
(cf: P.L.1974, c.51, s.1)
6. Section 3 of P.L.1965, c.29 (C.19:23-22.5) is amended to read as follows:
3. In counties having a population of 700,000 or more inhabitants and in second class counties having a population of not less than 300,000 or more than 425,000 inhabitants and in counties having a population of not less than 150,000 or more than 300,000 inhabitants, the cost of printing of the official primary election ballots and primary election sample ballots shall be paid by the county but the county shall be reimbursed by the municipalities and fire districts, with each [municipality] paying such amount as shall be apportioned to it by the county clerk based on the proportion of the number of such official primary election ballots and primary election sample ballots required for use in such municipality and fire district.
(cf: P.L.1981, c.462, s.22)
7. R.S.19:23-23 is amended to read as follows:
19:23-23. There shall be separate ballots for each political party and for candidates for member of a board of fire district commissioners. Such ballots shall be alike in form for all political parties. The form for the candidates for member of a board of fire district commissioners shall contain the names of the commissioners and any public question pertaining to the fire district in districts holding such an election.
(cf: R.S.19:23-23)
8. R.S.19:23-25 is amended to read as follows:
19:23-25. [The] a. For candidates seeking nomination for election at the primary election the ballots shall be made up and printed in substantially the following form:
Each ballot shall have at the top a coupon at least two inches deep extending across the ballot above a perforated line. The coupon shall be numbered for each of the political parties, respectively, from one consecutively to the number of ballots delivered and received by the election officers of the respective polling places. Upon the coupon and above the perforated line shall be the words "To be torn off by the judge of election. Fold to this line." Below the perforated line shall be printed the words "Official Democratic Party Primary Ballot," or "Official Republican Party Primary Ballot," or, as the case may be, naming the proper political party, as provided in this Title; below which and extending across the ballot in one or more lines, as may be necessary, shall be printed the words ................ name of municipality ................... ward ................ election district ..................... date of election ................... John Doe, municipal clerk; the blank spaces shall be filled in with the name of the proper municipality, the ward and the district number and the date of election. The name of the municipal clerk shall be a facsimile of his signature. This heading shall be set apart from the body of the ballot by a heavy diagram rule. Below this rule shall be printed the following directions instructing the voter how to indicate his choice for each office and position, and for how many persons to vote for each office and position: To vote for any person whose name is printed upon this ballot mark a cross x , plus + or check with ink or pencil in the square at the left of the name of such person. To vote for any person whose name is not printed upon this ballot write or paste the name in the blank space under the proper title of office and mark a cross x , plus + or check with ink or pencil in the square at the left of the name of such person. Below these instructions shall be printed a heavy diagram rule below which shall be printed the titles of offices and positions for which candidates are to be voted for at the primary election, together with such directions to the voter as may be necessary, as "Vote for one," "Vote for two," or a greater number, as the case may be. Underneath the proper title of office and position shall be printed the names of all those persons certified as candidates for the offices to the municipal clerk by the county clerk as hereinbefore provided, and the names of persons indorsed as such candidates in petitions on file in the office of the municipal clerk as they appear signed to the certificate of acceptance. The name of any person indorsed in a petition as provided who shall fail to certify his consent and agreement to be a candidate for nomination to the office specified therein shall not be printed upon the ballots to be used at the primary election. In the case of a vacancy among nominees the name of the person selected in the manner provided in this Title to fill same shall be printed upon the ballots in the place of the person vacating such nomination. The candidates shall be arranged in groups and the groups bracketed in all cases where the petitions indorsing such candidates request such grouping. The designation named by candidates in their petitions for nomination, as provided by this Title shall be printed to the right of the names of such candidates or groups of candidates in as large type as the space will allow. Immediately to the left and on the same line with the name of each candidate for office and position shall be printed a square approximately one-quarter of an inch in size, or by printing vertical single line rules connecting the single line rules between the names of the candidates and thus form a square in which the voter shall indicate his choice. A single light-faced rule shall be used to separate the different names in each group of candidates. A heavy diagram rule shall be used between each group of candidates for different offices. Where candidates are arranged in groups and the groups bracketed, the groups shall be separated from other groups and candidates by two single line rules approximately one-eighth of an inch apart.
Each primary ballot shall contain, at the end of the list of candidates for each different office, blank squares and spaces or lines equal to the number of persons to be elected to the office, for the purpose of allowing any voter to write or paste the name of any person for whom he desires to vote for any office or party position.
b. For fire district elections, the names of the candidates for member of a board of fire district commissioners and any public question pertaining to the election shall either be added to the ballots produced for the candidates of each political party pursuant to N.J.S.40A:14-73 or this section, as may be appropriate, or made up and printed on a separated ballot pursuant to N.J.S.40A:14-73 or this section, as determined by the county clerk.
(cf: P.L.1994, c.77, s.10)
9. R.S.19:23-27 is amended to read as follows
19:23-27. Not later than twelve o'clock noon of the Saturday preceding a primary for the general election each municipal clerk shall have had printed and on hand in his office for the use [of each of the political parties] official primary ballots equal in number to one and one-tenth times the number of votes cast by [such political party] the voters at the last preceding general election at which electors for president and vice president of the United States were voted for in such election district.
When an election district shall have been divided or the boundaries thereof changed, or a new district created, the municipal clerk shall ascertain as nearly as may be possible the number of voters in the new or rearranged or divided district, and provide therefor a sufficient number of official primary ballots in the above proportion.
The cost of printing the official primary ballots shall be paid by the respective municipalities and fire districts, where appropriate.
(cf: R.S.19:23-27)
10. R.S.19:23-45 is amended to read as follows:
19:23-45. No voter shall be allowed to vote at the primary election unless his name appears in the signature copy register.
A voter who votes in a primary election of a political party or who signs and files with the municipal clerk or the county commissioner of registration a declaration that he desires to vote in the primary election of a political party, or who indicates on a voter registration form the voter's choice of political party affiliation and submits the form to the commissioner of registration of the county wherein the voter resides, to the employees or agents of a public agency, as defined in subsection a. of section 15 of P.L.1974, c.30 (C.19:31-6.3), or a voter registration agency, as defined in subsection a. of section 26 of P.L.1994, c.182 (C.19:31-6.11), or to the Secretary of State, shall be deemed to be a member of that party until the voter signs and files with the municipal clerk or the commissioner of registration a declaration that he desires to vote in the primary election of another political party at which time he shall be deemed to be a member of such other political party. The Secretary of State shall cause to be prepared political party affiliation declaration forms and shall provide such forms to the commissioners of registration of the several counties and to the clerks of the municipalities within such counties.
No voter, except a newly registered voter at the first primary at which he is eligible to vote, or a voter who has not previously voted in a primary election, may vote in a primary election of a political party unless he was deemed to be a member of that party on the 55th day next preceding such primary election.
A member of the county committee of a political party and a public official or public employee holding any office or public employment to which he has been elected or appointed as a member of a political party shall be deemed a member of such political party.
A voter may declare the voter's party affiliation or change the voter's party affiliation, or declare that the voter is unaffiliated with any party regardless of any previously declared party affiliation, by so indicating on a political party declaration form filed with the municipal clerk or the county commissioner of registration. A voter may also indicate that the voter wishes to declare a political party affiliation or that the voter does not want to declare a political party affiliation on a voter registration form filed at the time of initial registration.
Any person voting in the primary ballot box of any political party in any primary election in contravention of the election law shall be guilty of a disorderly persons offense, and any person who aids or assists any such person in such violation by means of public proclamation or order, or by means of any public or private direction or suggestions, or by means of any help or assistance or cooperation, shall likewise be guilty of a disorderly persons offense.
Notwithstanding the provisions of this section, a voter who is unaffiliated with a political party and wishes to remain so shall be permitted to vote at the primary election for the sole purpose of electing members of a board of fire district commissioners and to vote in favor or against any public question pertaining to the fire district that is on the ballot of the primary election.
(cf: P.L.2011, c.134, s.27)
11. N.J.S.40A:14-70 is amended to read as follows:
40A:14-70. In any municipality not having a paid or part-paid fire department and force, the governing body, upon application of at least 5% of the registered voters or 20 legal voters, whichever is the greater, shall consider the designation of a fire district. Upon receipt of the application, the governing body shall fix a time and place for a hearing thereon. The municipal clerk shall advertise the notice of the hearing in a newspaper circulating in the county wherein the municipality is located at least once and not less than 10 days prior to the hearing. After the hearing the governing body shall determine the question of designation of a fire district. If the governing body decides that the designation of a fire district is appropriate, it, by ordinance, shall designate a territorial location or locations for use as a fire district or fire districts and, by resolution, provide for the election of a board of fire commissioners for the district or each district, to consist of five persons, residents therein, and specify the date, time and place for the election of the first board.
The district or each district shall be assigned a number and the commissioners thereof and their successors shall be a body corporate, to be known as "the commissioners of fire district No. . . . . . in . . . . . . (name of municipality), county of . . . . . . . . . . (name of county)." The said body corporate shall have the power to acquire, hold, lease, sell or otherwise convey in its corporate name such real and personal property as the purposes of the corporation shall require. All sales and leases of real and personal property shall be in accordance with the provisions of section 13 or 14, as appropriate, of the "Local Lands and Buildings Law," P.L.1971, c.199 (C.40A:12-13 or 40A:12-14). Said body corporate may adopt and use a corporate seal, sue or be sued and shall have such powers, duties and functions as are usual and necessary for said purposes.
[On the date and at the time and place specified for the election of the first board the clerk of the municipality shall conduct the election and shall preside at the meeting until the board shall have been elected.]
At the first meeting of a newly elected board of fire commissioners of a district the board shall choose a chairman [and fix the place for the annual election]. The members of the board shall divide themselves by lot into three classes: the first to consist of two members whose terms shall expire at 12 o'clock noon on the first Tuesday in [March] July of the year following the year in which the first board is elected; the second, two members whose terms shall expire at 12 o'clock noon on the first Tuesday in [March] July of the second year following that year; and the third, one member whose term shall expire at 12 o'clock noon on the first Tuesday in [March] July of the third year following that year. The terms of fire commissioners in each class, other than members of the first board, shall expire at 12 o'clock noon on the first Tuesday in [March] July of the third year following the year in which they were elected.
Any vacancy in the membership shall be filled by the remaining members until the next succeeding annual election held at the primary election, at which time a resident of the district shall be elected for the unexpired term.
(cf: P.L.1991, c.223, s.1)
12. N.J.S.40A:14-71 is amended to read as follows:
40A:14-71. Candidates for membership on the board shall be nominated by verified petitions. Any such petition shall be in writing, addressed to the [municipal] county 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. Each petition shall be arranged to contain double spacing between the signature lines of the petition, so that each signer thereof is afforded sufficient space to provide his or her printed name, address and signature. 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] 64 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] county 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.
(cf: P.L.2010, c.68, s.7)
13. N.J.S.14-72 is amended to read as follows:
40A:14-72. An election shall be held annually on the [third Saturday in February] Tuesday next after the first Monday in June in each established fire district for the election of members of the board according to the expiration of terms using the same registration lists and on the same official ballots required by law for the nomination for election of State and county officers. The initial election for a newly created fire district [may] shall take place on [another] that same date [as a governing body may specify under N.J.S.40A:14-70, but the annual election thereafter shall be held on the third Saturday in February]. The place of the election shall be [determined by the board] at the place where the primary election is held [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. 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 7 of P.L.1953, c.211 (C.19:57-7)].
The legal voters thereat shall determine the amount of money to be raised for the ensuing year and determine such other matters as may be required.
(cf: P.L.1994, c.181, s.1)
14. N.J.S.40A:14-73 is amended to read as follows:
40A:14-73. [The ballots shall be written or printed on opaque paper, uniform in size and quality.]
Each ballot used at a primary election 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] county 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.
The clerk of a county in which a fire district election is to occur shall be responsible for integrating the ballot provided for in this section with the ballot used by a political party in the primary election, or for creating a separate ballot to be used only by voters wishing to vote for candidates for member of a district board of fire commissioners or on a public question that pertains to the fire district, as may be appropriate. In the event that a ballot containing candidates seeking election as fire district commissioners is integrated with candidates seeking nomination for election and candidates seeking election to political party office, the clerk shall ensure that there is a clear separation between each set of candidates, so that there is no discernable alignment between candidates seeking nomination for election by a political party or election to a political party office and candidates seeking election as members of a district board of fire commissioners.
(cf: P.L.1994, c.77, s.20)
15. N.J.S.40A:14-78 is amended to read as follows:
40A:14-78. Any appropriation or other matter to be voted upon at such election shall be in the form of a question, placed upon the primary election 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.
(cf: P.L.1994, c.77, s.21)
16. (New section) The term of office of any fire district commissioner that expires at 12 o'clock noon on the first Tuesday in March of the year in which P.L. , c. (C. ) (pending before the Legislature as this bill) takes effect shall be extended until the first Tuesday in July of that same year. Any candidate to fill the office of commissioner that year shall be voted for at the primary election held that year and shall take office on the first Tuesday in July next occurring.
17. The following sections are repealed: N.J.S.40A:14-74 through N.J.S.40A:14-77.
18. This act shall take effect on January 1 next following the date of enactment.
STATEMENT
The purpose of this bill is to change the date for the election of members of a board of fire district commissioners, in those municipalities with such officials, from the third Saturday in February to the day of the primary election in June.
The bill repeals N.J.S.40A-14-74 through N.J.S.40A:14-77, inclusive, because these sections concern election notice procedures, the use of voting machines, polling hours and the manner of conducting such elections. These sections will no longer be needed if this bill is enacted since the election of fire district commissioners will occur simultaneously with other elections conducted on the day of the primary election.
