reglab/statecodes huggingface dataset:
2023 New Jersey Revised Statutes › Title 40 - Municipalities and Counties › Section 40:72-18 - Use of fees received from water rents

40:72-18. Use of fees received from water rents
The fees, rents or charges received from the sale of water and the operation of the waterworks in any municipality governed hereby shall be applied:
a. To payment of all cost and expense of operation, management, maintenance and repairs of said works and such deferred maintenance as the board having charge of the water supply shall deem proper;
b. To the payment of the annual interest on bonds or other obligations issued for the improvement and extension of such waterworks, and the payment of such part of the principal of said bonds or obligations as may be necessary to meet them at maturity; and
c. The excess revenue remaining at the end of each fiscal year may be appropriated by the board or body having charge of the finances for any purpose for which such board or body is authorized by law to levy and collect taxes.
2023 New Jersey Revised Statutes › Title 40 - Municipalities and Counties › Section 40:72-19 - Power to construct convention halls in cities

40:72-19. Power to construct convention halls in cities
In cities governed hereby the commissioners may by ordinance acquire the necessary land and authorize and provide for the construction thereon of a building or buildings suitable for conventions, temporary or permanent exhibitions, entertainments, receptions, lectures, addresses, assemblages and other like purposes, and may lease all or any portion of such building or buildings and premises for any purpose which in their discretion they may deem advisable including the sale of merchandise and privileges, and may equip such building or buildings for the purposes herein mentioned, and may by ordinance provide from time to time for the issue of bonds in such amounts as may be necessary for such purposes.
2023 New Jersey Revised Statutes › Title 40 - Municipalities and Counties › Section 40:73-1 - Qualifications sole test for election, appointment

40:73-1. Qualifications sole test for election, appointment
All officers and employees shall be elected or appointed with reference to their qualifications and fitness, for the good of the public service and without reference to their political faith or party affiliations. No officer or candidate for office in any such municipality shall directly or indirectly give or promise any person any office, position, employment, benefit or anything of value for the purpose of influencing or obtaining the political support, aid or vote of any person, under the penalty of being disqualified to hold the office to which he may have been elected or appointed.
Amended 2003, c.78.
2023 New Jersey Revised Statutes › Title 40 - Municipalities and Counties › Section 40:73-2 - No officer or employee to be interested in contracts

40:73-2. No officer or employee to be interested in contracts
No officer or employee, elected or appointed in any such municipality shall be interested, directly or indirectly, in any contract or job for work or materials, or the profits thereof, or services to be furnished or performed for the municipality, and no such officer or employee shall be interested, directly or indirectly, in any contract or job for work or materials or the profits thereof, or services to be furnished or performed, for any person operating interurban railway, street railway, gas works, waterworks, electric light or power plant, heating plant, telegraph line, telephone exchange, or other public utility within the territorial limits of the municipality.
2023 New Jersey Revised Statutes › Title 40 - Municipalities and Counties › Section 40:73-3 - No officer or employee to receive free service; exceptions

40:73-3. No officer or employee to receive free service; exceptions
No such officer or employee shall accept or receive, directly or indirectly, from any person operating within the territorial limits of said municipality any interurban railway, street railway, gas works, waterworks, electric light or power plant, heating plant, telegraph line, telephone exchange, or other business using or operating under a public franchise, any frank, free pass, free ticket, or free service or accept or receive directly or indirectly, from any such person any other service upon terms more favorable than is granted to the public generally, but such prohibition of free transportation shall not apply to policemen or firemen in uniform. Nor shall any free service to city officials heretofore provided by any franchise or ordinance be affected by this section.
2023 New Jersey Revised Statutes › Title 40 - Municipalities and Counties › Section 40:73-5 - Appointments in second-class cities in certain years; restriction

40:73-5. Appointments in second-class cities in certain years; restriction
No subordinate board, department, body, office, position or employment shall be created and no appointments made to membership on any subordinate board, department or body, or to any office, employment or position including the position of patrolman and fireman by any board of commissioners or any member thereof in any city of the second class governed by the commission form of government hereunder, between the first Tuesday in May and the third Tuesday in May in any year in which an election of a board of commissioners for that city shall be held.
2023 New Jersey Revised Statutes › Title 40 - Municipalities and Counties › Section 40:73-6 - Salaries of officers and employees; exceptions

40:73-6. Salaries of officers and employees; exceptions
The salary or compensation of all officers and employees of the municipality shall be fixed by the board of commissioners, and shall be payable monthly, or at shorter periods as it shall determine. The salary or compensation of any member of the police or fire departments shall not be fixed at a less amount than that received by said member at the time of the adoption of chapters 70 to 76 of this title (s. 40:70-1 et seq.).
2023 New Jersey Revised Statutes › Title 40 - Municipalities and Counties › Section 40:73-8 - Application of laws relating to municipal boards of recreation commissioners

40:73-8. Application of laws relating to municipal boards of recreation commissioners
Provisions of law of a general character relating to municipal boards of recreation commissioners shall be applicable to municipalities governed by commission government.
L.1971, c. 5, s. 2, eff. Jan. 15, 1971.
2023 New Jersey Revised Statutes › Title 40 - Municipalities and Counties › Section 40:73-9 - Borough under 5000; tax collector or treasurer; waiver of residency requirements

40:73-9. Borough under 5000; tax collector or treasurer; waiver of residency requirements
In any borough governed under the commission form of government law and having a population of less than 5,000 inhabitants, any person holding the office of borough tax collector, borough treasurer or both borough tax collector and borough treasurer need not be a resident of the borough notwithstanding the residency requirements prescribed by N.J.S. 40A:9-1 or by any other law. Any waiver of residency requirements for any of the aforesaid offices shall be contingent upon the adoption of a municipal ordinance to that effect.
L.1973, c. 43, s. 1, eff. Feb. 27, 1973.
2023 New Jersey Revised Statutes › Title 40 - Municipalities and Counties › Section 40:74-1 - Certain ordinances and resolutions filed upon passage; ordinance required in certain cases

40:74-1. Certain ordinances and resolutions filed upon passage; ordinance required in certain cases
Except as otherwise required or permitted by law, every ordinance or resolution appropriating money, or ordering any street improvement or sewer, or authorizing the making of a contract or granting any franchises, or the right to occupy or use the streets, highways, bridges or public places of the municipality for any purpose, shall be complete in the form in which it is finally passed and remain on file with the municipal clerk for public inspection at least two weeks before the final passage or adoption thereof. No franchises, or right to occupy or use the streets, highways, bridges or public places in any municipality shall be granted, renewed or extended except by ordinance.
2023 New Jersey Revised Statutes › Title 40 - Municipalities and Counties › Section 40:74-2 - Enacting clause; suits for penalties

40:74-2. Enacting clause; suits for penalties
The enacting clause of all ordinances passed by the board of commissioners shall be "the board of commissioners of the (here insert name of municipality) do ordain" ; and all proceedings for the recovery of penalties for the violation of the ordinances of the municipality shall be commenced and prosecuted in the corporate name of the municipality.
2023 New Jersey Revised Statutes › Title 40 - Municipalities and Counties › Section 40:74-3 - Record of ordinances; commissioners to sign record

40:74-3. Record of ordinances; commissioners to sign record
Every ordinance passed by the board of commissioners shall be recorded and signed in the book in which it is recorded by the commissioners who voted in favor thereof. When an ordinance or resolution is required to be published the publication shall include the names of the commissioners who signed the same.
2023 New Jersey Revised Statutes › Title 40 - Municipalities and Counties › Section 40:74-4 - Effective date of ordinances; emergency ordinances excepted

40:74-4. Effective date of ordinances; emergency ordinances excepted
No ordinance, except when otherwise required by the general laws of the State or the provisions of chapters 70 to 76 of this Title (R.S. 40:70-1 et seq.), and except an ordinance for the immediate preservation of the public peace, health or safety which contains a statement of its urgency and is passed by a two-thirds vote of the board of commissioners, shall take effect before 20 days from the time of its final passage.
Amended by L.1982, c. 145, s. 8, eff. Sept. 28, 1982.
2023 New Jersey Revised Statutes › Title 40 - Municipalities and Counties › Section 40:74-5 - Remonstrance against ordinance; petition; reconsideration; referendum; vote required for adoption

40:74-5. Remonstrance against ordinance; petition; reconsideration; referendum; vote required for adoption
If within 20 days after the final passage of an ordinance, except ordinances, or any portion thereof, fixing the salaries, wages or compensation of the employees of the municipality, as defined in section 3 of the New Jersey Employer-Employee Relations Act, P.L.1941, c. 100 (C. 34:13A-3), or ordinances authorizing an improvement or the incurring of an indebtedness, other than for current expenses, where other requirements are made by law, or ordinances which by their terms or by law cannot become effective in the municipality unless submitted to the voters, or which by its terms authorizes a referendum in the municipality concerning the subject matter thereof, a petition signed by electors of the municipality equal in number to at least 15% of the entire vote cast at the last preceding general election at which members of the General Assembly were elected protesting against the passage of such ordinance, be presented to the board, it shall thereupon be suspended from going into operation and the board of commissioners shall reconsider the ordinance within 20 days of the presentation of the petition to the board. If the ordinance is not entirely repealed, the board shall submit it, in the manner provided in paragraph b. of R.S. 40:74-14 and R.S. 40:74-15 to R.S. 40:74-18 to the vote of the electors of the municipality. The ordinance shall be submitted either at the next general election or regular municipal election, whichever shall first occur, not less than 40 days from the final date for withdrawal of the petition as provided for in this section, except that if no such election is to be held within 90 days of that date, a special municipal election shall be called for that purpose, and be held not less than 40 nor more than 60 days from the final date for withdrawal of the petition as provided for in this section. An ordinance so submitted shall not become operative unless a majority of the qualified electors voting on the ordinance shall vote in favor thereof.
The names and addresses of five voters, designated as the Committee of the Petitioners, shall be included in the petition. If within 10 days after final adverse action by the board or after the expiration of the time allowed for board action, as the case may be, a written request, signed by at least four of the five members of the Committee of the Petitioners, is filed with the municipal clerk requesting that the petition be withdrawn, the petition shall have no effect.
Amended by L.1976, c. 96, s. 4, eff. Sept. 21, 1976; L.1979, c. 278, s. 1; L.1982, c. 145, s. 9, eff. Sept. 28, 1982.
2023 New Jersey Revised Statutes › Title 40 - Municipalities and Counties › Section 40:74-6 - Petition; law applicable

40:74-6. Petition; law applicable
The petition shall be in accordance with sections 40:74-10 to 40:74-14 of this title, except as to the percentage of signers, and be examined and certified to by the clerk in all respects as therein provided.
2023 New Jersey Revised Statutes › Title 40 - Municipalities and Counties › Section 40:74-7 - Board may submit ordinances of own volition; several questions submitted

40:74-7. Board may submit ordinances of own volition; several questions submitted
Any ordinance or measure, except an ordinance, or portion thereof, fixing the salaries, wages or compensation of the employees of the municipality, that the board of commissioners or the qualified electors of the municipality shall have authority to enact, the board may on its own motion submit to the electors for adoption or rejection at a general election, regular municipal election, or special municipal election in the same manner and with the same effect as is herein provided for ordinances or measures submitted on petition. At any special election called under the provisions of chapters 70 to 76 of this Title (R.S. 40:70-1 et seq.), there shall be no bar to the submission of other questions to a vote of the electors in addition to the ordinances or measures provided for in this section and R.S. 40:74-5 and R.S. 40:74-9, if the other questions are such as may legally be submitted at such election. If the provisions of two or more measures approved or adopted at the same election conflict, then the measure receiving the highest affirmative vote shall control.
Amended by L.1976, c. 96, s. 5, eff. Sept. 21, 1976; L.1982, c. 145, s. 10, eff. Sept. 28, 1982.
2023 New Jersey Revised Statutes › Title 40 - Municipalities and Counties › Section 40:74-8 - When submission unnecessary

40:74-8. When submission unnecessary
No petition or submission to the vote of the electors shall be necessary to authorize the undertaking or completion of any work, the purchase or construction of any public utility or improvement, which any municipality may be authorized by law to undertake, purchase or construct, or to authorize the borrowing of money and the issuance of bonds or other obligations for any purpose for which any municipality may be authorized by law to issue bonds or other obligations.
2023 New Jersey Revised Statutes › Title 40 - Municipalities and Counties › Section 40:74-9 - Ordinances proposed by petition; procedure

40:74-9. Ordinances proposed by petition; procedure
Any proposed ordinance, except a proposed ordinance fixing the salaries, wages or compensation of the employees of the municipality, may be submitted to the board of commissioners by petition of the electors, in the manner hereinafter in this article provided.
Amended by L.1976, c. 96, s. 6, eff. Sept. 21, 1976.
2023 New Jersey Revised Statutes › Title 40 - Municipalities and Counties › Section 40:74-10 - Petition; filing

40:74-10. Petition; filing
A petition signed by electors equal in number to the percentage provided by R.S. 40:74-14 requesting that the proposed ordinance be submitted to the board of commissioners, or to the vote of the people if not passed by the board, shall be filed with the municipal clerk. The names and addresses of five voters, designated as the Committee of the Petitioners, shall be included in the petition.
Amended by L.1982, c. 145, s. 11, eff. Sept. 28, 1982.
2023 New Jersey Revised Statutes › Title 40 - Municipalities and Counties › Section 40:74-11 - Petition; signatures; verification

40:74-11. Petition; signatures; verification
The signatures to the petition need not all be appended to one paper but each signer shall add after his signature his place of residence, giving the street and number. One of the signers of each paper shall make an oath before an officer competent to administer the same that the statement therein made is true as he believes, and that each signature to the paper appended is the genuine signature of the person whose name it purports to be.
2023 New Jersey Revised Statutes › Title 40 - Municipalities and Counties › Section 40:74-12 - Clerk to examine petition; notice of insufficiency; amendment and refiling

40:74-12. Clerk to examine petition; notice of insufficiency; amendment and refiling
Within 20 days after the filing of the petition, the municipal clerk shall examine the same and ascertain whether or not it is signed by the requisite number of qualified electors as hereinafter provided, and shall attach his certificate thereto showing the result of such examination. If by the clerk's certificate the petition is shown to be insufficient he shall forthwith notify at least two members of the Committee of the Petitioners of his findings. The petition may be amended and refiled within 10 days after the receipt thereof from the clerk.
Amended by L.1982, c. 145, s. 12, eff. Sept. 28, 1982.
2023 New Jersey Revised Statutes › Title 40 - Municipalities and Counties › Section 40:74-13 - Clerk to examine amended petition; new petition; submission to board

40:74-13. Clerk to examine amended petition; new petition; submission to board
The clerk shall, within five days after such refiling, make a similar examination of the amended petition and if his certificate shall show the same to be insufficient he shall forthwith return it to the Committee of the Petitioners, without prejudice to the filing of a new petition to the same effect. If the petition or amended petition shall be deemed to be sufficient the clerk shall submit the same to the board of commissioners without delay.
Amended by L.1982, c. 145, s. 13, eff. Sept. 28, 1982.
2023 New Jersey Revised Statutes › Title 40 - Municipalities and Counties › Section 40:74-14 - Duty of board on submission of ordinance; submission to voters; withdrawal of petition

40:74-14. Duty of board on submission of ordinance; submission to voters; withdrawal of petition
If the petition accompanying the proposed ordinance be signed by electors equal in number to at least 15% of the votes cast at the last preceding general election at which members of the General Assembly were elected, and contains a request that the ordinance be submitted to a vote of the people if not passed by the board of commissioners, the board shall within 20 days after attachment of the clerk's certificate to the accompanying petition either:
a. Pass the ordinance without alteration; or
b. Forthwith, upon the expiration of that 20 day period, call a special election to be held not less than 40 nor more than 60 days from the final date for withdrawal of the petition as provided for in this section, unless a general election or regular municipal election is to be held not less than 40 days nor more than 90 days thereafter, and at such election such ordinance shall be submitted without alteration to the vote of the electors of the municipality.
If the petition is signed by not less than ten nor more than 15% of the electors, as above defined, then the board of commissioners shall, within 20 days, pass said ordinance without change or submit the same at the next general election or regular municipal election occurring not less than 40 days after the clerk's certificate of sufficiency is attached to the petition.
If, within 10 days after final adverse action by the board or after the expiration of the time allowed for board action, as the case may be, a written request, signed by at least four of the five members of the Committee of the Petitioners, is filed with the municipal clerk requesting that the petition be withdrawn, the petition shall have no effect.
Amended by L.1982, c. 145, s. 14, eff. Sept. 28, 1982.
2023 New Jersey Revised Statutes › Title 40 - Municipalities and Counties › Section 40:74-15 - Several ordinances submitted together; number of elections limited

40:74-15. Several ordinances submitted together; number of elections limited
Any number of proposed ordinances submitted by the board or pursuant to R.S. 40:74-5 or R.S. 40:74-9 may be voted upon at the same election in accordance with the provisions of this article, but there shall not be more than one special election in any period of 6 months for such purpose. During that 6 month period, any ordinance which would otherwise be submitted to the voters at a special election if one were not already scheduled, shall be submitted at the scheduled special election, if at least 30 days shall remain prior thereto from the final date for withdrawal of the petition; otherwise the ordinance shall be submitted at the next general election or regular municipal election, whichever shall first occur.
Amended by L.1982, c. 145, s. 15, eff. Sept. 28, 1982.
2023 New Jersey Revised Statutes › Title 40 - Municipalities and Counties › Section 40:74-16 - Notice of election when ordinance or proposition submitted to voters

40:74-16. Notice of election when ordinance or proposition submitted to voters
Whenever an ordinance, or proposition affecting an ordinance, is to be submitted to the voters of the municipality at any election, the clerk shall cause the ordinance or proposition to be published in at least two of the newspapers published in the municipality. The publication shall be not more than twenty nor less than five days before the submission of the ordinance or proposition to be voted on.
2023 New Jersey Revised Statutes › Title 40 - Municipalities and Counties › Section 40:74-17 - Ballot; form and content

40:74-17. Ballot; form and content
The ballots to be used at such election 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.
] YES "Shall the ordinance (or proposition) proposed
by petition and providing for ...................
[ ] NO (here state nature of proposed ordinance or
proposition) be adopted?"
2023 New Jersey Revised Statutes › Title 40 - Municipalities and Counties › Section 40:74-18 - Ordinances; adoption, submission to voters.

40:74-18 Ordinances; adoption, submission to voters.
40:74-18. If a majority of the qualified electors voting on the proposed ordinance shall vote in favor thereof, such ordinance shall thereupon become a valid and binding ordinance of the municipality. An ordinance proposed by petition, or which shall be adopted by a vote of the people, shall not be repealed or amended within 3 years of the date of adoption by the voters, except by a vote of the people; except that an ordinance proposed by petition to increase or decrease either the term of office of the members of the governing body or the number of members of the governing body, or regarding the division of the municipality into a number of wards, shall not be submitted to the voters of the municipality more than once in any 10-year period.
amended 1982, c.145, s.16; 2009, c.339, s.1.
2023 New Jersey Revised Statutes › Title 40 - Municipalities and Counties › Section 40:74-19 - Submission of amendments or repeals to voters by board of commissioners

40:74-19. Submission of amendments or repeals to voters by board of commissioners
The board of commissioners may, within 3 years immediately following the adoption of any ordinance submitted by initiative or referendum and ratified by the voters, submit a proposition for the repeal or amendment of any such ordinance to the voters at any succeeding general election or regular municipal election. If the proposition so submitted shall receive a majority of the votes cast thereon at such election, such ordinance shall thereby be repealed or amended accordingly.
Amended by L.1982, c. 145, s. 17, eff. Sept. 28, 1982.
2023 New Jersey Revised Statutes › Title 40 - Municipalities and Counties › Section 40:75-1 - Members of first commission; election and terms

40:75-1. Members of first commission; election and terms
The members of the first commission shall be elected, at an election to be held on the fifth Tuesday following the adoption of chapters 70 to 76 of this title (R.S. 40:70-1 et seq.), by the duly authorized voters of the municipality and shall serve as commissioners from twelve o'clock noon on the first Tuesday following their election until twelve o'clock noon on the third Tuesday in May in the fourth year following such election and until their successors are elected and shall have duly qualified. The election shall be conducted pursuant to the "Uniform Nonpartisan Elections Law," P.L. 1981, c. 379 (C. 40:45-5 et seq.).
Amended by L.1981, c. 379, s. 18, eff. Jan. 1, 1982; L.1983, c. 183, s. 1.
2023 New Jersey Revised Statutes › Title 40 - Municipalities and Counties › Section 40:75-2 - Subsequent commissioner; election and terms.

40:75-2 Subsequent commissioner; election and terms.
40:75-2. On the second Tuesday in May in every fourth year thereafter there shall be elected at a regular municipal election held pursuant to the "Uniform Nonpartisan Elections Law," P.L.1981, c.379 (C.40:45-5 et seq.), the number of persons as hereinbefore provided as commissioners to serve for the term of 4 years and until their successors shall have been elected and duly qualified. The term of office of all succeeding commissioners shall commence at twelve o'clock noon on the third Tuesday of May next ensuing their election.
If the election is held on the day of the general election in November pursuant to subsection a. of section 1 of P.L.2009, c.196 (C.40:45-7.1), the term of office of commissioners elected shall commence at twelve o'clock noon on January 1 next following their election.
Amended 1981, c.379, s.19; 1983, c.183, s.2; 2009, c.196, s.11.
2023 New Jersey Revised Statutes › Title 40 - Municipalities and Counties › Section 40:75-2.1 - Change of form of government--Continuation of commissioners and others in office

40:75-2.1. Change of form of government--Continuation of commissioners and others in office
Whenever in any municipality governed under "The Commission Form of Government Law" the qualified voters of the municipality have, or shall have, adopted another form of government, pursuant to the provisions of chapter 210 of the laws of 1950, which other form of government will not become effective until July 1 following the date fixed by law for the next election for commissioners in such municipality, no such election for commissioners shall be held in such municipality, but the commissioners in office at the time fixed for the holding of such election shall continue in office, and all subordinate boards, departments, bodies, offices, positions and employments shall likewise continue in effect and the incumbents thereof shall continue to hold the same, until 12:00 o'clock noon on said July 1, with the same effect and subject to the same restrictions as though the terms of office of said commissioners had extended to and terminated at said time on said July 1.
L.1955, c. 12, p. 54, s. 1, eff. May 10, 1955.
2023 New Jersey Revised Statutes › Title 40 - Municipalities and Counties › Section 40:75-25 - Definitions

40:75-25. Definitions
As used in this article:
"Commissioner" means any person, including the mayor, occupying the office of commissioner in a municipality having the commission form of government hereunder.
"Recall petition" means the petition to be filed with the municipal clerk, as provided in this article, for the recall of a commissioner.
"Incumbent" means the commissioner sought to be removed by the recall petition.
"Nominee" means the person nominated by the petition of nomination.
"Petition of nomination" means the petition of nomination provided for in this article to place the name of a successor to the incumbent upon the ballot.
"Incumbent's petition" means the petition provided for in this article to place the question of the recall of the incumbent upon the ballot.
2023 New Jersey Revised Statutes › Title 40 - Municipalities and Counties › Section 40:75-27 - Recall procedure

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 (25%) of the registered voters of the municipality, shall be filed by the agent or agents designated in the petition with the municipal clerk, demanding the recall of the commissioner sought to be removed. The petition shall be as follows:
"RECALL PETITION.
To the clerk of the ........ (insert name of municipality).
You are hereby requested to call a recall election for the recall of ..................... (insert name of incumbent to be recalled), a commissioner of .............................. (insert name of municipality), for the following reasons ........................................... (insert reasons), and for so doing this recall petition shall be your sufficient warrant.
................. (insert name) is hereby designated as our agent 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 one of the signers of the above petition, 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 ................. , 19 ..... ."
Amended by L.1950, c. 65, p. 117, s. 1, eff. April 25, 1950; L.1984, c. 129, s. 1, eff. Aug. 20, 1984.
2023 New Jersey Revised Statutes › Title 40 - Municipalities and Counties › Section 40:75-28 - Clerk to examine petition; amendment and refiling

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 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. If the clerk shall determine that the petition does not conform to the requirements of this article he shall return it to the agent who filed it, for the purpose of correction, which correction may be made and the petition again filed within ten days of its return by the clerk.
2023 New Jersey Revised Statutes › Title 40 - Municipalities and Counties › Section 40:75-29 - Clerk to call election; notice of election

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 in the following form:
"This is to certify, That a petition has been filed with the clerk of (name of municipality), for the recall of (insert name of incumbent), a commissioner of (insert name of municipality), for the following reasons: (insert reasons contained in recall petition).
"An election to determine if the commissioner shall be recalled, and if so, to elect his successor, will be held on the day of , 19 .
Dated:
day of , 19 .
" Municipal Clerk.
2023 New Jersey Revised Statutes › Title 40 - Municipalities and Counties › Section 40:75-30 - Notice of election served on commissioners; publication

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 shall also be published at least once every week in at least one newspaper circulating in the municipality, and daily, if there be a daily newspaper, on the three days preceding the day of election.
After the petition of nomination as hereinafter provided shall have been filed with the clerk, he shall add to the publication certificate a third paragraph as follows:
"The following persons have filed petitions of nomination to succeed ........................ (insert name of incumbent) if he shall be recalled, and are to be voted on as successors to the said commissioner. ................................. .................................
................................. .................................
................................. .................................
................................. .................................
(Insert names of persons filing petitions of nomination.)
Signed,
Municipal Clerk.
2023 New Jersey Revised Statutes › Title 40 - Municipalities and Counties › Section 40:75-31 - Time for holding recall election; arrangements; expenses

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 section 40:75-29 of this title.
The municipal clerk and the board of commissioners shall make or cause to be made all arrangements for holding the recall election and shall provide all necessary funds therefor, and the commissioners may raise funds necessary for this purpose in any convenient manner.
2023 New Jersey Revised Statutes › Title 40 - Municipalities and Counties › Section 40:75-32 - Petition nominating successor; form and content; filing

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 least fifteen days before the recall election, and shall be in the following form:
"To the clerk of .......................... (insert name of municipality): You are hereby requested to place upon the ballot at the recall election to be held on the ........ day of ............... , 19 ..... , as provided in your certificate of notice dated ........ day of ........................ , 19 ..... , as successor to the commissioner proposed to be recalled the name of ............................ (insert name of person to be nominated), of ........................................................... (insert address), and for so doing this petition shall be your sufficient warrant.
Signed,
Name. Street Address.
................................... ......................................
.................................... ......................................
.................................... ......................................
I accept the nomination. ......................................
(Name of Nominee.)
Dated:
..................................
State of New Jersey, )
County of ............. ss.
............................. , being duly sworn according to law, says: That he is one of the signers of the above petition 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 ...... )
2023 New Jersey Revised Statutes › Title 40 - Municipalities and Counties › Section 40:75-33 - Clerk to examine petition; if defective clerk to return petition

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 be corrected and returned within three days after its return by the municipal clerk.
In returning the petition the clerk shall give in writing his reasons therefor.
2023 New Jersey Revised Statutes › Title 40 - Municipalities and Counties › Section 40:75-34 - Procedure where incumbent resigns; where incumbent contests recall; incumbent's petition

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 his successor shall proceed as herein provided.
If the incumbent shall desire to contest his recall, he shall file with the clerk, at least fifteen days before the recall election, an incumbent's petition signed by at least fifteen per cent of the legal voters of the municipality in the following form:
"To the clerk of .......................... (insert name of municipality): You are hereby requested to place on the ballot at the recall election to be held on the ........ day of .................. , 19 ..... , as provided in your certificate of notice dated the ........ day of ................... , 19 ..... , the question of the recall of .......................... (name of incumbent), as follows:
If you are in favor of the recall of ........................ (name of incumbent), mark a cross (X) or plus (+) in the square opposite the word YES. If you are not in favor of his recall, mark a cross (X) or plus (+) in the square opposite the word NO.
] YES "Shall ..................... (name of incumbent)
[ ] NO be removed from the office of commissioner by recall?'
And for so doing this petition shall be your sufficient warrant.
Name. Street Address.
.................................... ......................................
.................................... ......................................
.................................... ......................................
I join in the above petition. ......................................
(Insert name of incumbent.)
Dated:
............................
State of New Jersey, ) ss.
County of ............. )
.............................. , being duly sworn according to law, says: That he is one of the signers of the above petition, 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 .............. , 19 ........ )
2023 New Jersey Revised Statutes › Title 40 - Municipalities and Counties › Section 40:75-35 - Clerk to examine incumbent's petition; amendment and refiling

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 three days after its return by the clerk.
2023 New Jersey Revised Statutes › Title 40 - Municipalities and Counties › Section 40:75-36 - Failure to file incumbent's petition deemed resignation

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 shall immediately cease and determine; and the recall election shall proceed for the purpose of electing his successor as provided in this article.
2023 New Jersey Revised Statutes › Title 40 - Municipalities and Counties › Section 40:75-37 - Several recall petitions may be consolidated

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 recall of each commissioner shall be a separate transaction, and the ballot shall be arranged by repeating the form provided for in section 40:75-38 of this title, except the number, in parallel columns for each commissioner sought to be recalled.
2023 New Jersey Revised Statutes › Title 40 - Municipalities and Counties › Section 40:75-38 - Ballot; form and content

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 recall of ...................... (name of incumbent), mark a cross (X) or plus (+) in the square opposite the word YES. If you are not in favor of his recall, mark a cross (X) or plus (+) in the square opposite the word NO.
] YES "Shall ....................... (name of incumbent)
[ ] NO be removed from the office of commissioner by recall?'
(To be inserted if the incumbent filed an incumbent's petition.)
Nominees for successors of ........................................
(Name of incumbent)
Vote for one only.
Mark a cross (X) or plus (+) in the square opposite the name of the candidate for whom you desire to vote:
] RICHARD ROE
[ ] WILLIAM GREEN
(To be inserted if one or more petitions for nominations are filed.)
Official ballot attest:
............................ Municipal Clerk."
2023 New Jersey Revised Statutes › Title 40 - Municipalities and Counties › Section 40:75-39 - Adding names to registry list; no primary election

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 transfers and place upon the registry books the names of legal voters whose names were not upon the registry books of the last general election, but who would be entitled to be registered if the recall election was in fact a general election. There shall be no other registration day nor shall there be any primary election for the nomination of candidates, before the recall election.
Amended 1953,c.37,s.242; 1991,c.91,s.390.
2023 New Jersey Revised Statutes › Title 40 - Municipalities and Counties › Section 40:75-40 - Conduct of election; duties of clerk and election officers

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 duties, as near as may be, in the same manner as if they were conducting a general election.
2023 New Jersey Revised Statutes › Title 40 - Municipalities and Counties › Section 40:75-42 - Result of election determined; vote required

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 shall forthwith become vacant, and his term of office as commissioner shall immediately cease and determine.
If a majority of the electors voting at the recall election shall vote not to recall the incumbent, as evidenced by marking a cross ( x ) or plus (+) in the square upon the ballot opposite the word NO then the incumbent shall be entitled to the remainder of his term as commissioner, and shall not be subject to another recall within one calendar year from the date of the previous recall election.
2023 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.
2023 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.
2023 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.