reglab/housing_qa huggingface dataset:
NJ Rev Stat § 40:75-43 (2021)
2021 New Jersey Revised Statutes|Title 40 - Municipalities and Counties|Section 40:75-43 - Successor to incumbent; eligibility, election, powers and duties

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 the highest number of votes at the recall election. The person so elected shall hold the office vacated by the incumbent for the remainder of the incumbent's term of office and shall succeed to all the rights and duties of the office of commissioner in the municipality. Any person having the qualifications required by section 40:72-1 of this title shall be eligible as a nominee to succeed an incumbent.
NJ Rev Stat § 40:75-44 (2021)
2021 New Jersey Revised Statutes|Title 40 - Municipalities and Counties|Section 40:75-44 - Clerk to present objections to Superior Court judge

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 his objections in writing to the Superior Court assignment judge of the county in which the municipality is located. The judge shall proceed summarily to examine the clerk's objections, and shall forthwith make an order sustaining or overruling any or all of the objections. Such order shall be final and binding on all parties concerned. Amended by L.1953, c. 37, p. 735, s. 243, eff. March 19, 1953.
NJ Rev Stat § 40:75-45 (2021)
2021 New Jersey Revised Statutes|Title 40 - Municipalities and Counties|Section 40:75-45 - Superior Court assignment judge to sit on election day; action to insure fair election

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, misunderstandings, or other cause, the Superior Court assignment judge of the county in which the municipality is located shall have power upon an application by the agent, municipal clerk, incumbent or nominee, to make any order or regulation which in his judgment is necessary or convenient to enable a fair and impartial recall election to be held and such order or regulation shall be final. Such applications shall be heard in a summary manner and without notice. On the day of the recall election the said assignment judge shall attend in some public place in the municipality, and then and there make any such additional order as may be necessary to carry out the recall election. Amended by L.1953, c. 37, p. 735, s. 244, eff. March 19, 1953.
NJ Rev Stat § 40:75-46 (2021)
2021 New Jersey Revised Statutes|Title 40 - Municipalities and Counties|Section 40:75-46 - Election not to be restrained or delayed; effect of writs

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 order issued out of any court shall be allowed whereby the recall election is prevented, restrained, or delayed, but the recall election shall proceed, notwithstanding any proceedings which may be instituted in any court whereby the legality of any of the petitions, acts, or elections permitted or authorized herein are to be reviewed. Such proceedings for review are not hereby restrained, but may proceed to final judgment, and if as a result thereof it is determined that the incumbent has not been legally removed, then he shall be restored to his office and his salary for the term he has been removed shall be paid. All acts of the boards of commissioners done while such incumbent was removed from his office shall be as lawful as if he had been present and participated therein.
NJ Rev Stat § 40:75-47 (2021)
2021 New Jersey Revised Statutes|Title 40 - Municipalities and Counties|Section 40:75-47 - Petitions need not be on single paper; minor defects immaterial

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 separate paper shall be in the form provided herein, and there shall be attached thereto an affidavit of one of the signers of each paper, declaring that the signatures thereon are in the handwriting of the signers, and are to the best of his knowledge and belief the signatures of the persons purporting to sign the same. No petition shall be rejected by the municipal clerk for any typographical deviation of the form provided herein or for any minor departure therefrom, but such petition shall be accepted if it substantially conforms to the forms provided herein, the forms being for the guidance of the parties.
NJ Rev Stat § 40:75-48 (2021)
2021 New Jersey Revised Statutes|Title 40 - Municipalities and Counties|Section 40:75-48 - Reorganization of board after recall

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 seq.). It may also remove from office any person appointed by the commissioner who has been removed, if such appointment was made within six months from the time of the filing of the recall petition.
NJ Rev Stat § 40:75-49 (2021)
2021 New Jersey Revised Statutes|Title 40 - Municipalities and Counties|Section 40:75-49 - Certain acts prohibited; penalties.

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 article shall be guilty of a disorderly persons offense. Any person who shall violate any of the provisions of this article shall be guilty of a crime of the fourth degree. Amended 2005, c.154, s.60.
NJ Rev Stat § 40:76-1 (2021)
2021 New Jersey Revised Statutes|Title 40 - Municipalities and Counties|Section 40:76-1 - After six years may resume charter

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 municipalities governed by boards of commissioners or improvement commissioners" (title as amended), approved April twenty-fifth, one thousand nine hundred and eleven, or under the provisions of chapters 70 to 76 of this title (s. 40:70-1 et seq.), or both, may at a special election held not later than August fifteenth in any year, abandon such organization thereunder and may resume the form of government under the law under which it was being governed, when said act or said chapters 70 to 76 was or were adopted, subject to any amendments and supplements to said law which may have been made in the interim. The procedure shall be as hereinafter in this chapter provided.
NJ Rev Stat § 40:76-2 (2021)
2021 New Jersey Revised Statutes|Title 40 - Municipalities and Counties|Section 40:76-2 - Petition for submission; proposition stated

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 called at which the following proposition shall be submitted to the voters of the municipality: "Shall the (name of municipality) abandon its government under chapters 70 to 76 of the title Municipalities and Counties of the Revised Statutes (s. 40:70-1 et seq.), commonly known as the "Walsh Act', and resume the form of government under the law under which it was operating at the time when such commission form of government was adopted, subject to any amendments and supplements to said laws which have been passed in the interim?"
NJ Rev Stat § 40:76-3 (2021)
2021 New Jersey Revised Statutes|Title 40 - Municipalities and Counties|Section 40:76-3 - Petition; form and content

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 in any year for the purpose of submitting the following proposition to the voters of ................................ (insert name of municipality): (here insert proposition as set forth in section 40:76-2 of this title); and for so doing this petition shall be your sufficient warrant.  ............................ (insert name) is hereby designated as our agent or one of our agents to file this petition.  ............................ (insert name) is hereby designated as our agent or one of our agents to file this petition.  ............................ (insert name) is hereby designated as our agent or one of our agents to file this petition.  Signed.  Name. Street Address................................ ........................................ ................................ ........................................ ................................ ........................................ ................................ ........................................State of New Jersey, ) ss. County of ....................... ) ....................... , being duly sworn according to law, says: That he is the person who procured the signatures on this sheet, and that he knows that the signatures thereon are in the handwriting of the signers, and to the best of his knowledge and belief are the signatures of the persons purporting to sign the same.  Subscribed and sworn to before me this ....... day of ..........., A.D. 19 ..... "
NJ Rev Stat § 40:76-4 (2021)
2021 New Jersey Revised Statutes|Title 40 - Municipalities and Counties|Section 40:76-4 - Petition need not be on single paper; affidavit annexed

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 section 40:76-3 of this title, and there shall be attached thereto the affidavit of the person who procured the signatures, declaring that the signatures thereon are in the handwriting of the signers, and to the best of his knowledge and belief are the signatures of the persons purporting to have signed the same. The affidavit may be sworn to before any officer competent to administer oaths.
NJ Rev Stat § 40:76-5 (2021)
2021 New Jersey Revised Statutes|Title 40 - Municipalities and Counties|Section 40:76-5 - Clerk to examine petition; minor deviations permissible

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 the electors he may, if in doubt as to the genuineness of any of them, compare them with the signatures contained in the registry books used at the last preceding general election. The petition shall be accepted if it substantially conforms to the form provided herein, the form being for the guidance of the parties and no petition shall be rejected by the clerk for any typographical deviation from the form provided herein or for any minor departure therefrom.
NJ Rev Stat § 40:76-6 (2021)
2021 New Jersey Revised Statutes|Title 40 - Municipalities and Counties|Section 40:76-6 - Defective petitions; clerk to notify agent

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 designated in the petition as agent of the petitioners, his objections, setting forth in detail wherein the petition is deficient.
NJ Rev Stat § 40:76-7 (2021)
2021 New Jersey Revised Statutes|Title 40 - Municipalities and Counties|Section 40:76-7 - Determination of validity of clerk's objections

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 determination of the validity of the clerk's objections to the petition. Amended by L.1953, c. 37, p. 735, s. 245, eff. March 19, 1953.
NJ Rev Stat § 40:76-8 (2021)
2021 New Jersey Revised Statutes|Title 40 - Municipalities and Counties|Section 40:76-8 - If petitioners prevail clerk to call election

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 provisions of this chapter, he shall order that the petition be filed in the office of the clerk of the municipality, and the clerk shall forthwith proceed to call a special election as herein provided. Amended by L.1953, c. 37, p. 736, s. 246, eff. March 19, 1953.
NJ Rev Stat § 40:76-9 (2021)
2021 New Jersey Revised Statutes|Title 40 - Municipalities and Counties|Section 40:76-9 - If clerk prevails petition returned to agent

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 and direct that the petition be forthwith returned to the agent who filed it.
NJ Rev Stat § 40:76-10 (2021)
2021 New Jersey Revised Statutes|Title 40 - Municipalities and Counties|Section 40:76-10 - Petition amended; refiling

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 file it with the municipal clerk, after it has been amended or supplemented, at any time within thirty days after the date of its return to the agent by the clerk.
NJ Rev Stat § 40:76-11 (2021)
2021 New Jersey Revised Statutes|Title 40 - Municipalities and Counties|Section 40:76-11 - Clerk to examine amended petition; procedure same as with original

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 examination shows that the petition as amended or supplemented, does not conform to the provisions of this chapter, he shall again within ten days from the date of its being filed with him, as amended or supplemented, personally serve his written objections upon the agent as is provided in section 40:76-6 of this Title and the agent may apply to the judge of the Superior Court for review of the clerk's determination, in the same manner as is provided in section 40:76-7 of this Title. The same procedure shall be followed by the court as is provided in sections 40:76-8 and 40:76-9 of this Title. This shall be without prejudice to the filing with the clerk, of further amended or supplemented petitions to which the same procedure shall apply, as is provided for when an original petition is filed with the municipal clerk. Amended by L.1953, c. 37, p. 736, s. 247, eff. March 19, 1953.
NJ Rev Stat § 40:76-12 (2021)
2021 New Jersey Revised Statutes|Title 40 - Municipalities and Counties|Section 40:76-12 - When petition finally accepted clerk to call election; procedure

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, to be held not later than August fifteenth, in any year, for the submission of the question of the abandonment of the commission form of government, to the legal voters of the municipality by proceeding in the manner hereinafter in this chapter provided. Amended by L.1953, c. 37, p. 736, s. 248, eff. March 19, 1953.
NJ Rev Stat § 40:76-13 (2021)
2021 New Jersey Revised Statutes|Title 40 - Municipalities and Counties|Section 40:76-13 - Clerk to fix date for election; how fixed

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.
NJ Rev Stat § 40:76-14 (2021)
2021 New Jersey Revised Statutes|Title 40 - Municipalities and Counties|Section 40:76-14 - Election not to be held in year of regular election

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 commissioners are to be regularly elected therein.
NJ Rev Stat § 40:76-15 (2021)
2021 New Jersey Revised Statutes|Title 40 - Municipalities and Counties|Section 40:76-15 - Notice of election; form and content

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 called for the purpose of submitting the following question to the legal voters of (insert name of municipality). " "Shall the (name of municipality) abandon its government under chapters 70 to 76 of the title Municipalities and Counties of the Revised Statutes (s. 40:70-1 et seq.), commonly known as the "Walsh Act" , and resume the form of government under the law under which it was operating at the time when such commission form of government was adopted, subject to any amendments and supplements to said laws which have been passed in the interim?' "An election to decide this question will be held on Tuesday the day of , 19 "Dated this day of , 19 " " Municipal Clerk.
NJ Rev Stat § 40:76-16 (2021)
2021 New Jersey Revised Statutes|Title 40 - Municipalities and Counties|Section 40:76-16 - Copy of notice filed with board of commissioners

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.
NJ Rev Stat § 40:76-17 (2021)
2021 New Jersey Revised Statutes|Title 40 - Municipalities and Counties|Section 40:76-17 - Copies of notice posted and published

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 preceding the election in at least one newspaper which has been published and circulated, for at least one year past, in such municipality. If there be no such newspaper the certificate of notice shall be published once a week for three successive weeks immediately preceding the election in at least one newspaper published, for at least one year past, in a municipality located in the same county in which the municipality holding the election is located and having a general circulation in such last-mentioned municipality.
NJ Rev Stat § 40:76-18 (2021)
2021 New Jersey Revised Statutes|Title 40 - Municipalities and Counties|Section 40:76-18 - Arrangements for election; expenses

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 and empowered to raise the funds necessary for this purpose.
NJ Rev Stat § 40:76-19 (2021)
2021 New Jersey Revised Statutes|Title 40 - Municipalities and Counties|Section 40:76-19 - Time and place of election; conduct of election

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 election district in the municipality. The polls shall remain open during the hours from seven o'clock in the forenoon until nine o'clock at night, and the election shall be conducted, by the election officers then holding office for the purpose of conducting elections in such municipality, in the manner prescribed by the laws relating to elections.
NJ Rev Stat § 40:76-20 (2021)
2021 New Jersey Revised Statutes|Title 40 - Municipalities and Counties|Section 40:76-20 - Addition of names to registry books; county board to sit

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, grant transfers and place upon the registry books the names of those persons whose names were not on the registry books of the last preceding general election, but who would be entitled to be registered if the special election were in fact a general election.
NJ Rev Stat § 40:76-21 (2021)
2021 New Jersey Revised Statutes|Title 40 - Municipalities and Counties|Section 40:76-21 - Ballot; number, form and content

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 at least fifteen per cent more than the total number of persons that voted in such district at the last preceding general election. The ballot 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 (+) in the square at the left of the word YES, and if opposed thereto mark a cross (X) or plus (+) in the square at the left of the word NO.  " "Shall the ........................(name of municipality) abandon its government under [ ] YES chapters 70 to 76 of the title Municipalities and Counties of the Revised Statutes (s. 40:70-1 et seq.), commonly known as the "Walsh Act", and resume the form of government under [ ] NO the law under which it was operating at the time when such commission form of government was adopted, subject to any amendments and supplements to such laws which have been passed in the interim?' "