reglab/statecodes huggingface dataset:
2023 New Jersey Revised Statutes › Title 40 - Municipalities and Counties › Section 40:41A-112 - Referendum election

40:41A-112. Referendum election
Any ordinance to be voted on by the voters in accordance with sections 104 through 116 of this act shall be submitted at the next general or regular county election occurring not less than 60 days after the date of final action by the board or the expiration of the time allowed for action by board in section 111 of this article, as the case may be, provided that if no such election is to be held within 90 days the board may in its discretion provide for a special election.
L.1972, c. 154, s. 112, eff. Sept. 19, 1972.
2023 New Jersey Revised Statutes › Title 40 - Municipalities and Counties › Section 40:41A-113 - Number of proposed ordinances voted upon; time between special elections

40:41A-113. Number of proposed ordinances voted upon; time between special elections
Any number of proposed ordinances 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.
L.1972, c. 154, s. 113, eff. Sept. 19, 1972.
2023 New Jersey Revised Statutes › Title 40 - Municipalities and Counties › Section 40:41A-114 - Publication of ordinance

40:41A-114. Publication of ordinance
Whenever an ordinance is to be submitted to the voters of the county at any election in accordance with this article, the clerk shall cause the ordinance to be published in the manner provided by section 142 of this act. The publication shall be not more than 20 nor less than 5 days before the submission of the ordinance or proposition to be voted on.
L.1972, c. 154, s. 114, eff. Sept. 19, 1972.
2023 New Jersey Revised Statutes › Title 40 - Municipalities and Counties › Section 40:41A-115 - Ballots

40:41A-115. Ballots
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 (+) or check (/) in the square at the left of the word "Yes', and if opposed thereto mark a cross (X) or plus (+) or a check (/) in the square to the left of the word "No'."
"Shall the ordinance ....................
Yes. (indicate whether submitted by board or
initiative or referendum petition) providing for
No. ....................... (here state nature of
proposition) be adopted?"
L.1972, c. 154, s. 115, eff. Sept. 19, 1972.
2023 New Jersey Revised Statutes › Title 40 - Municipalities and Counties › Section 40:41A-116 - Results of election; conflicting measures

40:41A-116. Results of election; conflicting measures
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 county and be published as in the case of other ordinances. If the provisions of two or more measures approved or adopted at the same election conflict, then the measure receiving the greatest affirmative vote shall control.
L.1972, c. 154, s. 116, eff. Sept. 19, 1972.
2023 New Jersey Revised Statutes › Title 40 - Municipalities and Counties › Section 40:41A-117 - Division of county adopting a district representation system under section 40:41A-14c into districts

40:41A-117. Division of county adopting a district representation system under section 40:41A-14c into districts
Whenever any county adopts a district representation system as set forth in section 14c of this act, said county shall be divided into districts by the district commissioners as hereinafter provided.
L.1972, c. 154, s. 117, eff. Sept. 19, 1972.
2023 New Jersey Revised Statutes › Title 40 - Municipalities and Counties › Section 40:41A-118 - District commissioners; certification of boundaries

40:41A-118. District commissioners; certification of boundaries
118. The district commissioners shall consist of four members, two to be appointed by the chairman of the county committee of each of the two political parties whose candidates for Governor receive the largest number of votes at the most recent gubernatorial election. Each county chairman, in making such appointments, shall give due consideration to the representation of the various geographical areas of the county. Appointments of district commissioners shall be made on or before the third day following the election at which the voters of the county shall have adopted a district representation system and commissioners shall serve until they discharge their duties under sections 119 through 122 of P.L.1972, c.154 (C.40:41A-119 through 122). With respect to section 123 of P.L.1972, c.154 (C.40:41A-123), appointments shall be made on or before the tenth day following the receipt by the Governor of the official decennial census of the United States for New Jersey, and commissioners shall serve until they discharge their duties under that section. If the commissioners fail to certify district boundaries, pursuant to sections 119 through 123 of P.L.1972, c.152 (C.40:41A-119 through 123), on or before the date fixed or if prior thereto they determine that they will be unable to do so, they shall so certify to the Chief Justice of the Supreme Court of New Jersey, who shall appoint as a fifth commissioner a fair-minded and impartial person who shall not have held elected public or party office in this State at any time during the three-year period immediately prior to appointment as a commissioner. The commissioners, by a majority of the whole number thereof, shall within one month after the appointment of such fifth member certify district boundaries.
L.1972,c.154,s.118; amended 1992,c.1.s.2.
2023 New Jersey Revised Statutes › Title 40 - Municipalities and Counties › Section 40:41A-119 - Meeting of district commissioners; division into districts

40:41A-119. Meeting of district commissioners; division into districts
Within 5 days following the election at which the voters of the county shall have adopted one of said optional plans, the district commissioners shall meet and, having first taken and subscribed before some officer authorized to administer oaths, an oath faithfully and impartially to perform the duties imposed upon them, shall forthwith proceed to divide the county into such number of districts as is specified in the adopted plan.
L.1972, c. 154, s. 119, eff. Sept. 19, 1972.
2023 New Jersey Revised Statutes › Title 40 - Municipalities and Counties › Section 40:41A-120 - Boundaries of districts; population difference

40:41A-120. Boundaries of districts; population difference
The district commissioners shall fix and determine the district boundaries so that each district is formed of compact and contiguous territory. The districts so created shall be as equal as possible in population.
L.1972, c. 154, s. 120, eff. Sept. 19, 1972.
2023 New Jersey Revised Statutes › Title 40 - Municipalities and Counties › Section 40:41A-121 - Report, certificate, ESRI Shapefile.

40:41A-121 Report, certificate, ESRI Shapefile.
121. a. Within 30 days after the adoption of one of said optional plans, the district commissioners shall make and file their report and certificate over at least three of their signatures setting forth and properly describing the district boundaries fixed and determined, to which there shall be annexed a map of the county with the district boundaries clearly marked thereon.
The report so certified shall be filed in the office of the clerk of the county, and a copy thereof shall also be filed with the Secretary of State.
b. In addition to the description of the district boundaries and map required to be filed with the Secretary of State under subsection a. of this section, the district commissioners shall file with the Secretary of State the district boundaries in ESRI Shapefile format in accordance with section 1 of P.L.2019, c.487 (C.19:4-18).
L.1972, c.154, s.121; amended 2019, c.487, s.3.
2023 New Jersey Revised Statutes › Title 40 - Municipalities and Counties › Section 40:41A-122 - Notice of district boundaries; publication

40:41A-122. Notice of district boundaries; publication
A notice of the district boundaries as fixed and determined by the district commissioners shall be published by the clerk of the county at least once in the manner provided by section 142 of this act within 2 weeks immediately next succeeding the filing of the report and certificate required by section 121 of this act.
Upon completion of the publication, all officers elected or appointed in the county for or representing the districts thereof shall be elected from or appointed for the districts fixed by the district commissioners hereunder.
L.1972, c. 154, s. 122, eff. Sept. 19, 1972.
2023 New Jersey Revised Statutes › Title 40 - Municipalities and Counties › Section 40:41A-123 - Adjustments in district boundaries following census

40:41A-123. Adjustments in district boundaries following census
123. Within three months following the receipt by the Governor of the official decennial census of the United States for New Jersey, the district commissioners shall meet, in the manner heretofore provided in this article for the purpose of making such adjustments in district boundaries as shall be necessary pursuant to section 120 of this act. Within 30 days following such meeting they shall discharge their duties and report to the county in the same manner as provided in sections 121 and 122 of this act.
L.1972,c.154,s.123; amended 1992,c.1,s.3.
2023 New Jersey Revised Statutes › Title 40 - Municipalities and Counties › Section 40:41A-125 - Adoption of the administrative code.

40:41A-125 Adoption of the administrative code.
125. a. Any time after 60 days from the date of the organization of the first board of chosen freeholders elected under this act, the board of chosen freeholders shall adopt an administrative code organizing the administration of the county government, setting forth the duties and responsibilities and powers of all county officials and agencies, and the manner of performance needed.
b. The administrative code may require that the county board of taxation, county board of elections, jury commissioners of the county, county clerk, surrogate, county superintendent of elections, and sheriff be subject to such annual budgetary procedures and requirements as may be specified therein. These procedures and requirements may include, but shall not be limited to, the preparation and submission of an annual budget in accordance with the provisions of the administrative code, and the submission of such periodic budget reports as may be provided therein. The administrative code may further provide that the county board of taxation, county board of elections, jury commissioners of the county, county clerk, surrogate, county superintendent of elections, and sheriff shall be subject to such accounting controls, central purchasing practices, personnel procedures, and central data processing services as are specified in the code, or in administrative orders adopted pursuant thereto; provided, however, that nothing herein shall restrict or limit the authority of the county board of taxation, county board of elections, jury commissioners of the county, county clerk, surrogate, county superintendent of elections, and sheriff as the appointing authority of their respective offices.
c. Nothing in the administrative code shall change the duties or powers of county officers whose existence is mandated by the Constitution or shall diminish the duties, responsibilities or powers of any elected or appointed head of the executive branch or chief assistant thereto or county administrator.
L.1972, c.154, s.125; amended 1975, c.255, s.2; 1981, c.48, s.3; 1984, c.35, s.2; 2015, c.250, s.2.
2023 New Jersey Revised Statutes › Title 40 - Municipalities and Counties › Section 40:41A-126 - Effective date of administrative code

40:41A-126. Effective date of administrative code
The administrative code shall enter into effect 30 days after its adoption, but not later than May 1 following the organization of the first board of chosen freeholders elected under this act, and all theretofore existing agencies shall assume the form, perform the duties, and exercise the power granted them under the administrative code and shall do so in the manner prescribed therein.
L.1972, c. 154, s. 126, eff. Sept. 19, 1972. Amended by L.1975, c. 255, s. 3, eff. Nov. 26, 1975.
2023 New Jersey Revised Statutes › Title 40 - Municipalities and Counties › Section 40:41A-127 - Existing resolutions remain in force where not inconsistent

40:41A-127. Existing resolutions remain in force where not inconsistent
Upon the effective date of the charter change, all resolutions of the county to the extent that they are not inconsistent with the provisions of this act shall remain in full force and effect until modified or repealed as provided by law.
L.1972, c. 154, s. 127, eff. Sept. 19, 1972.
2023 New Jersey Revised Statutes › Title 40 - Municipalities and Counties › Section 40:41A-128 - Appointments between election and time of taking office under optional plan; pending actions and proceedings

40:41A-128. Appointments between election and time of taking office under optional plan; pending actions and proceedings
a. No subordinate board, department, body, office, position or employment shall be created and, except in the case of positions created by this act, no appointments shall be made to any subordinate board, department or body, or to any office, employment or position, without limitation, between the date of election of officers and the effective date of the administrative code; except that such temporary appointments may be made as shall be deemed necessary for the continuation of government services or as may be required by emergency situations, which situations shall be identified in a resolution adopted by the board of freeholders; provided, however, that all such temporary appointments shall terminate on the date that the administrative code takes effect. Nothing in this subsection shall be construed as limiting the discretion of the appointing authority to reappoint, on a permanent basis, any person whose temporary appointment terminates on the effective date of the administrative code.
b. All actions and proceedings of a legislative, executive or judicial character which are pending upon the effective date of an optional plan adopted pursuant to this act may continue, and the appropriate officer or employee under such optional plan shall be substituted for the officer or employee theretofore exercising or discharging the function, power or duty involved in such action or proceeding.
L.1972, c. 154, s. 128, eff. Sept. 19, 1972. Amended by L.1975, c. 84, s. 41, eff. May 5, 1975; L.1975, c. 255, s. 4, eff. Nov. 26, 1975.
2023 New Jersey Revised Statutes › Title 40 - Municipalities and Counties › Section 40:41A-129 - Employees in the classified service

40:41A-129. Employees in the classified service
Employees in the classified service. On the effective date of the administrative code, all officers and employees in the classified service of the county shall be transferred to the department, division or agency to which the functions, powers or duties in which they were engaged are allocated under the administrative code. Such transfer shall, except as otherwise provided in this section, be without examination or diminution of existing compensation, pension or retirement rights, privileges or obligations of any such officer or employee. It is the intent of the Legislature that the adoption of any plan found in this charter shall not, except as otherwise provided in this section, adversely affect the civil service tenure, pension, seniority or promotional rights of any county officer or employee in the classified service. With respect to the positions of heads of departments, or any divisions thereof, which are placed in the unclassified service pursuant to the provisions of R.S. 11:22-2, other than a position subject to the requirements of 42 U.S.C. 602(a), and notwithstanding the provisions of this section, or chapter 27 of Title 11 of the Revised Statutes or R.S. 11:28-3 or R.S. 38:16-1, any officer or employee in the classified service who shall have exercised the same or substantially the same responsibilities prior to the effective date of the administrative code, and who shall not be appointed thereafter by the appointing authority as head of a department, or a division thereof, shall be entitled to such lay-off, demotional and special reemployment rights as are provided under applicable provisions of Title 11 (Civil Service) and rules and regulations adopted pursuant thereto. Any such officer or employee who shall be appointed by the appointing authority as head of a department, or a division thereof, shall be deemed to be entitled to such classified title as may be provided by the lay-off, demotional or special reemployment rights as are provided under applicable provisions of Title 11 (Civil Service) and rules and regulations adopted pursuant thereto, and shall be placed on leave of absence pursuant to sections 1 and 2 of P.L.1946, c. 148 (C. 11:24A-6.1 and 6.2) from such classified title while serving as the head of a department or a division thereof.
L.1972, c. 154, s. 129, eff. Sept. 19, 1972. Amended by L.1975, c. 255, s. 5, eff. Nov. 26, 1975; L.1978, c. 141, s. 13, eff. Nov. 13, 1978.
2023 New Jersey Revised Statutes › Title 40 - Municipalities and Counties › Section 40:41A-129.1 - Counties of first class; appointment of aides; unclassified service

40:41A-129.1. Counties of first class; appointment of aides; unclassified service
Notwithstanding the provisions of any law to the contrary, in any county of the first class operating under the provisions of P.L.1972, c. 154 (C. 40:41A-1 et seq.), the board of freeholders may appoint aides who shall be responsible to, and serve at the pleasure of, the board and who shall serve in the unclassified service of civil service.
L.1984, c. 202, s. 1, eff. Nov. 28, 1984.
2023 New Jersey Revised Statutes › Title 40 - Municipalities and Counties › Section 40:41A-130 - County administration of civil service

40:41A-130. County administration of civil service
The board of freeholders of any county adopting one of the plans of government set forth in this act may by resolution apply to the New Jersey Civil Service Commission for permission to administer the merit system through a county department of civil service. Such administration shall include classification, recruitment, examination, establishment of eligibility lists, grievances, compensation, and other conditions of employment, all to be performed under the general supervision of the New Jersey Department of Civil Service, and in addition such other functions as the State Department may authorize or approve. Any civil service system administered by a county shall be limited in application to county employees and positions, and may not extend to cover employees and positions in municipalities within that county.
L.1972, c. 154, s. 130, eff. Sept. 19, 1972. Amended by L.1975, c. 84, s. 42, eff. May 5, 1975.
2023 New Jersey Revised Statutes › Title 40 - Municipalities and Counties › Section 40:41A-131 - Procedures for establishment of county department of civil service

40:41A-131. Procedures for establishment of county department of civil service
Upon passage of a resolution by the board of freeholders calling for the establishment of a county department of civil service the chief executive of the county shall transmit a copy of the resolution together with such other communication as he may deem appropriate to the President of the New Jersey Civil Service Commission. The president of the commission shall then instruct his staff to determine if administration of civil service by that county would be consistent with the administration of an equitable system governing the employment of public employees throughout the State, the best interests of public employees throughout the State and within the county requesting such approval, and the public interest in the efficient governance of the county on behalf of its citizens.
The commission shall, by rules adopted for the purpose, require the board of freeholders requesting its approval to submit a plan for the administration by such county department of a system of civil service, which plan shall include information sufficient to determine the capacity, competency and ability of the county department to administer properly the provisions of the Civil Service Law. Such plan shall not be implemented nor shall such department be operative until after receipt by the requesting board of freeholders of a statement of approval, in writing, of the Civil Service Commission and, in any event, until after the passage of 2 years from the date upon which such plan is submitted by the board to the commission. The revision, amendment or repeal of such plan and the acts and ordinances enacted in connection therewith shall be subject to the approval of the commission in the same manner as hereinabove provided except that the mandatory period of delay shall not apply and the Civil Service Commission shall exercise its authority to approve or disapprove within a reasonable time. The Civil Service Commission shall assure the compliance with provisions of the Civil Service Law of the administration of a system of civil service by any county department and the administration of such a system shall be subject to the continuing audit, review and approval of the State Civil Service Commission pursuant to rule promulgated by it for that purpose.
L.1972, c. 154, s. 131, eff. Sept. 19, 1972.
2023 New Jersey Revised Statutes › Title 40 - Municipalities and Counties › Section 40:41A-133 - Preparation and submission of budget; budgetary process

40:41A-133. Preparation and submission of budget; budgetary process
The budgetary process of the county shall be subject to all requirements of the Local Budget Law (N.J.S. 40A:4-1 et seq.) and the promulgations of the Division of Local Government Services and the Local Finance Board. On or before January 15 of each year, the budget officer (i.e. the county executive in the case of a charter adopted under article 3, the county manager in the case of a charter adopted under article 4, or the administrative officer in the case of charters adopted under articles 5 and 6), shall submit to the board of chosen freeholders, a budget document consisting of the proposed county budget and a budget message. On or before September 1 of each year, the budget officer shall establish the schedules and procedures to be followed by all county departments, offices and agencies to prepare the required budget documents. He may conduct such analyses or hearings as he deems necessary.
L.1972, c. 154, s. 133, eff. Sept. 19, 1972. Amended by L.1975, c. 84, s. 43, eff. May 5, 1975.
2023 New Jersey Revised Statutes › Title 40 - Municipalities and Counties › Section 40:41A-134 - Scope of budget and message

40:41A-134. Scope of budget and message
The budget document shall be prepared by the budget officer in such form as will comply with the Local Budget Law, together with such additional schedules and analyses as he deems desirable, or as may be required or approved by the board of chosen freeholders. The budget message shall explain the budget both in fiscal terms and in terms of work to be done. It shall outline the proposed financial policies of the county for the ensuing fiscal year, describe the important features of the budget plan, and indicate its major objectives. It shall indicate any major changes in financial policies and in expenditures, appropriations and revenues as compared with the preceding fiscal year, and shall set forth reasons for the changes.
L.1972, c. 154, s. 134, eff. Sept. 19, 1972.
2023 New Jersey Revised Statutes › Title 40 - Municipalities and Counties › Section 40:41A-138 - Appropriation requests; allotments

40:41A-138. Appropriation requests; allotments
As part of the budget request submitted by each department, office and agency of the county to the budget officer, there shall be included a work program for the year, showing all requested appropriations broken down into monthly or quarterly allotments, as may be required by the budget officer. The budget officer shall review requested allotments in light of the work program of the department, office or agency concerned, and if he deems it necessary, may revise, alter, or change them before the same are submitted to the board of freeholders. The aggregate of such allotments shall not exceed the total appropriation available to each department, office or agency for the fiscal year.
The budget officer shall, where practicable, provide for the establishment and operation of a system of work programs and quarterly allotments for operation of the budget. It shall be the duty of the budget officer to develop and report appropriate unit costs of budgeted expenditures.
L.1972, c. 154, s. 138, eff. Sept. 19, 1972. Amended by L.1975, c. 84, s. 44, eff. May 5, 1975.
2023 New Jersey Revised Statutes › Title 40 - Municipalities and Counties › Section 40:41A-142 - Person charged; newspapers; qualifications

40:41A-142. Person charged; newspapers; qualifications
Whenever notice by publication is required under this act the clerk to the board of freeholders or the county counsel, whichever shall be charged by the board to do so, or any other person charged under any section of this act with the duty of causing such publication, shall cause all such notices to be published in at least one of the two newspapers qualified by law and designated by majority vote of the board of freeholders to publish the county's legal notices. The two newspapers designated by the board of freeholders shall be:
a. Both printed and published in the county, one of which shall be either a newspaper published at the county seat of such county or a newspaper published in a municipality in such county having the largest population according to the last population estimate published by the New Jersey Department of Labor and Industry; or
b. One printed and published in such county and one circulating in such county, if only one daily newspaper is printed and published in such county; or
c. One published at the county seat and one circulating in the county if no daily newspaper is published; or
d. Both circulating in such county, if no newspapers are printed and published in such county.
L.1972, c. 154, s. 142, eff. Sept. 19, 1972. Amended by L.1975, c. 84, s. 45, eff. May 5, 1975; L.1978, c. 141, s. 14, eff. Nov. 13, 1978.
2023 New Jersey Revised Statutes › Title 40 - Municipalities and Counties › Section 40:41A-143 - Partial invalidity

40:41A-143. Partial invalidity
If any clause, sentence, paragraph, section, or part of this act shall be adjudged to be invalid by any court of competent jurisdiction, such judgment shall not affect, impair or invalidate the remainder thereof, but shall be confined in its operation to the clause, sentence, paragraph, section or part thereof directly involved in the controversy in which such judgment shall have been rendered.
L.1972, c. 154, s. 143, eff. Sept. 19, 1972.
2023 New Jersey Revised Statutes › Title 40 - Municipalities and Counties › Section 40:41A-145.2 - Interim successor selected by appropriate political party.

40:41A-145.2 Interim successor selected by appropriate political party.
6. In the case of a vacancy occurring with respect to a member of the board of chosen freeholders who was elected as the candidate of a political party which at the last preceding general election held received the largest number of votes or the next largest number of votes in the county for members of the board of chosen freeholders, for the interim period pending the election and qualification of a permanent successor to fill the vacancy, or for the interim period constituting the remainder of the term in the case of a vacancy occurring which cannot be filled pursuant to section 5 of this act at a general election, the vacancy shall be filled within 35 days by a member of the political party of which the person who vacated the office was the candidate at the time of his election thereto. The interim successor shall be selected by the appropriate political party's county committee in the same manner prescribed in subsections a. and b. of R.S.19:13-20 for selecting candidates to fill vacancies among candidates nominated at primary elections for the general elections, and a statement of the selection of that successor shall be certified to and filed with the county clerk in the same manner prescribed by subsection d. of that section for certifying statements concerning the selection of such candidates.
L.1990,c.33,s.6; amended 2005, c.136, s.62.
2023 New Jersey Revised Statutes › Title 40 - Municipalities and Counties › Section 40:41A-145.3 - Selection from floor by county committee

40:41A-145.3. Selection from floor by county committee
Members of the political party's county committee who are empowered to select a candidate for the vacated office shall only nominate a candidate from the floor during the selection meeting called under R.S.19:13-20 by the chairman or chairmen of the committee and shall present written evidence of the nominee's acceptance of the nomination.
L.1990,c.33,s.7.
2023 New Jersey Revised Statutes › Title 40 - Municipalities and Counties › Section 40:41A-146 - Vacancy of all or majority of offices of members of board; certification to and appointments to temporarily fill by Governor

40:41A-146. Vacancy of all or majority of offices of members of board; certification to and appointments to temporarily fill by Governor
Whenever the offices of all or a majority of the members of the board of chosen freeholders shall become vacant for any reason, the existence of the vacancies shall be immediately certified to the Governor by any remaining member of the board of chosen freeholders or by the county clerk. The Governor upon receipt of such certification shall forthwith fill the vacancies temporarily by appointment until successors are elected and certified for the unexpired terms at the next general election occurring not less than 60 days subsequent to the certification of the existence of such vacancies. Any appointment made pursuant to this section to fill a vacancy occurring in the next to the last year of the term and certified any time after 60 days prior to the holding of the general election, shall be made for the remainder of the term.
L.1978, c. 141, s. 16, eff. Nov. 13, 1978.
2023 New Jersey Revised Statutes › Title 40 - Municipalities and Counties › Section 40:41A-147 - Appointees; qualifications

40:41A-147. Appointees; qualifications
Any person appointed by the board of chosen freeholders or the Governor to fill a vacancy either for the unexpired term or temporarily, shall have all the qualifications required by statute to qualify for election to said office, and if the previous incumbent had been elected to office as the nominee of a political party as defined in Title 19 of the Revised Statutes, the person so appointed shall be of the same political party as the preceding incumbent.
L.1978, c. 141, s. 17, eff. Nov. 13, 1978.
2023 New Jersey Revised Statutes › Title 40 - Municipalities and Counties › Section 40:41A-148 - Voters empowered to change term of office

40:41A-148. Voters empowered to change term of office
Notwithstanding the provisions of any other law to the contrary, in any county which has adopted a form of government authorized under the provisions of P.L. 1972, c. 154 (C. 40:41A-1 et seq.), a proposition may be submitted to the voters of the county to change the term of office for the members of the board of chosen freeholders from three to four years, to provide for staggered terms of office for the members of the board of chosen freeholders, and to provide for biennial elections of members of the board of chosen freeholders.
The proposition shall be submitted either upon the adoption of an ordinance of the governing body of the county after public hearing thereon, or upon submission to the county clerk of a petition signed by a number of the legal voters of the county equal in number to at least 15% of the total votes cast in the county at the last election at which members of the General Assembly were elected. The proposition shall not be submitted more than once in any three year period.
A petition submitted pursuant to this section shall be verified, inspected and certified as to the authenticity of the signatures attached thereto by the county clerk within 20 days of submission, and shall be submitted at the next general election occurring at least 40 days after certification.
The question of increasing the term of office of the members of the board of chosen freeholders, providing for staggered terms of office for the members of the board of chosen freeholders, and providing for biennial elections of members of the board of chosen freeholders shall be submitted to the voters at the election in substantially the following form:
"Shall the term of office of the members of the board of chosen freeholders of ..................... (insert name of county) be increased from three to four years and shall members of the board of chosen freeholders serve for staggered terms and be elected at biennial elections?"
A canvass and return of the vote upon the proposition shall be made by the election officers in the same manner as for officers voted for at the election, and a majority of all the votes cast upon the proposition in favor of the proposition shall be sufficient to make the change.
L. 1987, c. 236, s. 8.
2023 New Jersey Revised Statutes › Title 40 - Municipalities and Counties › Section 40:42-2 - Governing body

40:42-2. Governing body
The term "governing body" , where used in this subtitle, shall be construed to mean the board or body in each municipality designated by statute effective in such municipality as the board or body having control over the subject matter in connection with which the term is used, and having the power and authority to legislate thereon, whether designated as "board of aldermen" , "common council" , "board of commissioners" , "borough council" , "township committee" , "village trustees" , "improvement commission" , "board of street and water commissioners" , "board of public works" , "board of finance" , "board of health" , "park commissioners" , "recreation commissioners" , or otherwise.
2023 New Jersey Revised Statutes › Title 40 - Municipalities and Counties › Section 40:42-3 - Construction

40:42-3. Construction
No provision of this subtitle shall be construed to take from any officer, board or body in any municipality any power or authority which he or it may now have. In case any additional power is conferred upon any municipality by this subtitle and no board or body is designated by the statutes effective in such municipality as the one that exercises such power, then the term "governing body" shall be construed to mean the board or body exercising general legislative power in such municipality.
2023 New Jersey Revised Statutes › Title 40 - Municipalities and Counties › Section 40:42-4 - Municipalities given fullest powers

40:42-4. Municipalities given fullest powers
In construing the provisions of this subtitle, all courts shall construe the same most favorably to municipalities, it being the intention to give all municipalities to which this subtitle applies the fullest and most complete powers possible over the internal affairs of such municipalities for local self-government.
2023 New Jersey Revised Statutes › Title 40 - Municipalities and Counties › Section 40:43-1 - Every municipality a body corporate

40:43-1. Every municipality a body corporate
The inhabitants of every municipality shall be a body corporate in fact and in law, and by its corporate name it shall have perpetual succession, may sue and be sued, have a common seal, and purchase, acquire, lease, hold, let and convey real and personal property for the use and benefit of the municipality.
2023 New Jersey Revised Statutes › Title 40 - Municipalities and Counties › Section 40:43-2 - Records of municipal incorporations prior to March 28, 1930

40:43-2. Records of municipal incorporations prior to March 28, 1930
The clerk of every county shall, at the expense of the county, record at length in appropriate books in his office to be designated "municipal incorporation records" , the result of any election held prior to March twenty-eighth, one thousand nine hundred and thirty, on the question of the adoption of any act of municipal incorporation, the consolidation of any municipalities or change of corporate name, as well as all papers relating to the incorporation, consolidation or change of name, of any municipality which have been filed in the office of the county clerk.
2023 New Jersey Revised Statutes › Title 40 - Municipalities and Counties › Section 40:43-3 - Records of municipal incorporations after March 28, 1930

40:43-3. Records of municipal incorporations after March 28, 1930
The clerk of every county shall, at the expense of the municipality filing the same, record at length in appropriate books in his office to be designated "municipal incorporation records" , the result of any election held after March twenty-eighth, one thousand nine hundred and thirty, on the question of the adoption of any act of municipal incorporation, the consolidation of any municipalities or change of corporate name as well as all papers relating to the incorporation, consolidation, or change of name, of any municipality, when filed in the office of the county clerk.
2023 New Jersey Revised Statutes › Title 40 - Municipalities and Counties › Section 40:43-4 - Petition for; referendum

40:43-4. Petition for; referendum
Whenever a petition praying for the change of name of any municipality and specifying the name proposed for adoption shall be signed by at least 30% of the legal voters therein who voted at the last preceding general election, and be filed in the office of the clerk of such municipality, such proposed change of name shall be submitted to the voters at the first general election occurring in such municipality not less than 60 days after the filing of such petition, or at a special election, as shall be determined by resolution of the governing body, to be held in the municipality not less than 60 days after the filing of such petition. The clerk of such municipality shall advertise that said change of name will be voted upon at such election in the same manner as municipal elections are advertised, and the question of the change of name shall be printed upon the ballots and voted upon at such election in accordance with the general laws relating to elections, except that the governing body may conduct a special election at the same hours and polling places used in the most recent school election held in accordance with N.J.S. 18A:14-1 et seq.
Amended by L.1981, c. 169, s. 1, eff. June 18, 1981.
2023 New Jersey Revised Statutes › Title 40 - Municipalities and Counties › Section 40:43-5 - Adoption of changed name; copies filed

40:43-5. Adoption of changed name; copies filed
If a majority of the votes cast upon such question at such election shall be in favor of the change of name, such name shall thereupon be so changed and the name adopted shall become the official title of the municipality. The clerk of the municipality shall forthwith record in the official minutes the result of the election thereupon, and shall cause a certified copy of such minutes to be filed and recorded in the office of the clerk of the county in which such municipality is situated, and shall also file in the office of the secretary of state a certified statement showing the change of the name and the new name so adopted.
2023 New Jersey Revised Statutes › Title 40 - Municipalities and Counties › Section 40:43-6 - Effect of change on charter; ordinances

40:43-6. Effect of change on charter; ordinances
All the provisions of any charter of any such municipality, except so much as refers to the name, and all ordinances, resolutions and official acts ordained, passed or executed by such municipality, shall remain legal and of full force and effect; and all provisions, ordinances, resolutions and official acts thereafter ordained, passed or executed under the new name of such municipality, shall be legal and of full force and effect as if passed, ordained or executed under the former name of such municipality.
2023 New Jersey Revised Statutes › Title 40 - Municipalities and Counties › Section 40:43-7 - Actions and liabilities unaffected

40:43-7. Actions and liabilities unaffected
No suit brought by or against any such municipality shall abate by reason of the change of such corporate title, nor shall the liability of such municipality, or of any person to such municipality, on any contracts or otherwise, be affected by reason thereof.
2023 New Jersey Revised Statutes › Title 40 - Municipalities and Counties › Section 40:43-8 - Corporate title shortened

40:43-8. Corporate title shortened
The governing body of every municipality may by resolution shorten the corporate title thereof by striking therefrom any such words as "the mayor and common council of" or "the mayor and aldermen of" , so that the corporate title of such municipality shall thereafter be " " (specify class, i.e.--city, town, borough, et cetera) of " " (specify name of municipality).
2023 New Jersey Revised Statutes › Title 40 - Municipalities and Counties › Section 40:43-9 - When effective; actions and liabilities unaffected; resolution published

40:43-9. When effective; actions and liabilities unaffected; resolution published
Upon the filing in the office of the secretary of state of any such resolution passed by any such board or body, the corporate title of such municipality shall be changed as designated in such resolution. No suit brought by or against such municipality shall abate by reason of the change of such corporate title, nor shall the liability of such municipality, or of any person to such municipality, on any contract or otherwise, be affected by reason thereof.
A copy of such resolution shall be printed with the public laws next issued after the filing of such resolution.
2023 New Jersey Revised Statutes › Title 40 - Municipalities and Counties › Section 40:43-9.1 - No proceedings for new charter or form of government while other proceedings pending

40:43-9.1. No proceedings for new charter or form of government while other proceedings pending
Notwithstanding the provisions of any other general or special law, no petition for submission of the question of adopting a new or different municipal charter or form of government may be filed, nor shall any referendum election be held, while other proceedings are pending pursuant to any law or referendum act for the adoption of a municipal charter or part thereof or for incorporation thereunder.
L.1950, c. 212, p. 530, s. 2, eff. June 8, 1950.
2023 New Jersey Revised Statutes › Title 40 - Municipalities and Counties › Section 40:43-10 - Acquisition of property and liabilities; apportionment

40:43-10. Acquisition of property and liabilities; apportionment
Whenever any municipality may be hereafter created or incorporated, it shall have and own all the property, assets and liens which at the time of its creation or incorporation belonged to or were vested in any municipality existing within its limits, and a proportionate amount of the property, assets and liens belonging to any municipality, any portion of whose territory is included within its limits; it shall also be liable to pay the bonded and other indebtedness of any municipality which before its creation or incorporation existed within its limits, and a proportionate amount of the bonded or other indebtedness of any municipality, a portion of the territory of which was included therein. The said proportionate amount of said property, assets and liens, and said proportionate amount of said bonded and other indebtedness, shall be ascertained in the manner hereinafter provided.
2023 New Jersey Revised Statutes › Title 40 - Municipalities and Counties › Section 40:43-11 - Officers continued; new government established

40:43-11. Officers continued; new government established
The officers of any municipality, any portion of which shall be included within the newly created municipality, who shall hold office at the time of such creation or incorporation, shall, until the organization of the governing body of such newly created municipality, continue to perform the duties and possess the powers imposed upon or given to them by law within their respective municipalities, notwithstanding the creation or incorporation of such new municipality.
On the first Monday following the first election of officers held within the newly created municipality, the terms of office of the officers of any municipality, the whole of which shall be included within the limits of such newly created municipality, shall thereupon cease and be terminated, and said officers shall forthwith deliver over to the governing body of such newly created municipality immediately after their qualification, all books, papers, assets and property of every kind and description belonging to the said old municipality.
2023 New Jersey Revised Statutes › Title 40 - Municipalities and Counties › Section 40:43-13 - Taxes and assessments; enforcement and collection

40:43-13. Taxes and assessments; enforcement and collection
All taxes and assessments theretofore levied by any municipality lying wholly within such newly created municipality, and all taxes and assessments which may have been set over and apportioned to the newly created municipality as hereinafter provided, shall be valid and effectual as if originally levied and assessed by the officers of the said newly created municipality.
The governing body of said newly created municipality is authorized to do and perform all necessary acts to confirm and make effectual said taxes and assessments, and shall have the same rights for the enforcement and collection thereof as if the same had been levied and assessed by the proper authority of the newly created municipality.
2023 New Jersey Revised Statutes › Title 40 - Municipalities and Counties › Section 40:43-14 - Election districts; election procedure

40:43-14. Election districts; election procedure
On the filing with the county clerk of a copy of the act of incorporation of such newly created municipality, certified under the hand and seal of the secretary of state, the county board of elections of the county in which such newly created municipality is located, upon the application of any legal voter in such municipality, shall prescribe and define the boundaries of such election districts as may, in their opinion, be necessary in said municipality, and said board shall also appoint the time, place or places, and determine the manner of holding the first election within the newly created municipality for the election of officers therein, and the time or times, place or places, and the manner of registering the voters for such election. Said election shall be held and conducted in accordance with the general law relating to elections in this state.
Said county board of elections shall act in the place of all municipal officers and shall perform all the duties imposed by law upon municipal clerks and other officers, and also any and all other acts for the holding of said election of municipal officers in such municipality according to law.
The statement of the result of said first election duly certified by the county board of elections, shall be filed in the office of the clerk of the county within five days after such election.
The reasonable cost of the booths or compartments, the preparation of registry or poll lists, and the conduct and holding of said election as above provided, shall be borne by the newly created municipality.
All acts and proceedings of the county board of election under the authority of this subtitle, shall be by resolution, a copy of which, duly certified under their hands, shall forthwith, after the adoption of the same, be filed in the office of the clerk of the county in which the newly created municipality is located.