S148

An Act abolishing the offices of superintendent of elections and deputy superintendent of elections in those counties with such officials, supplementing chapter 32 of Title 19 of the Revised Statutes and repealing various parts of the statutory law.

Be It Enacted by the Senate and General Assembly of the State of New Jersey:

1. R.S.19:32-1 is amended to read as follows:

19:32-1. The office of superintendent of elections in counties of the first class in which such office has previously been established is [continued] abolished, and in those counties of the first class in which such office has not been previously established, [is] no such office shall be established. [The offices shall be filled by some suitable persons who shall be nominated by the Governor with the advice and consent of the Senate and who shall hold office for the term of five years from the date of appointment and until their successors are appointed and have qualified. Each superintendent shall receive such salary per annum as the governing body of such county may by resolution authorize, but not less than $7,500, to be paid by the county treasurer. The persons so appointed shall have their offices in the counties for which they are appointed. Vacancies shall be filled in the same manner as original appointments, but shall be for the unexpired terms only. Any person filling a vacancy shall be from the same party as the original appointee. The annual salary of each deputy superintendent shall be 90% of what the superintendent receives for performing the duties of superintendent of elections and commissioner of registration.]

Upon the effective date of P.L. , c. (C. )(pending before the Legislature as this bill), the powers and duties of the superintendent of elections in counties of the first class shall be assumed by the county commissioner of registration or county board of elections, as may be appropriate and provided by statute. Whenever in any law, rule, regulation contract, document, judicial or administrative proceeding or otherwise, reference is made to the superintendent of elections concerning functions, powers and duties which had been vested therein prior to the effective date of P.L. , c. (C. )(pending before the Legislature as this bill), the same shall mean and refer to the commissioner of registration or the county board of elections, as may be appropriate.

(cf: P.L.1998, c.91, s.1)

2. Section 1 of P.L.1982, c.46 (C.19:32-1.1) is amended to read as follows:

1. The office of deputy superintendent of elections in counties of the first class is [established. The office in each county shall be filled by a suitable person who shall be nominated by the Governor with the advice and consent of the Senate, who shall not be from the same political party as the superintendent of elections, and who shall hold office for a term of 5 years, running concurrently with the term of the superintendent and until his successor is appointed and has qualified. The initial appointment to the office of deputy superintendent of elections may be for a partial term, if necessary. Vacancies shall be filled in the same manner as original appointments but shall be for the unexpired term only. He shall have his office in the county for which he is appointed] abolished.

Upon the effective date of P.L. , c. (C. )(pending before the Legislature as this bill), the powers and duties of the deputy superintendent of elections in counties of the first class shall be assumed by the county commissioner of registration or county board of elections, as may be appropriate and provided by statute. Whenever in any law, rule, regulation contract, document, judicial or administrative proceeding or otherwise, reference is made to the deputy superintendent of elections concerning functions, powers and duties which had been vested therein prior to the effective date of P.L. , c. (C. )(pending before the Legislature as this bill), the same shall mean and refer to the commissioner of registration or the county board of elections, as may be appropriate.

(cf: P.L.1982, c.46, s.1)

3. (New section) Upon the enactment of P.L. , c. (C. )(pending before the Legislature as this bill), the powers and duties of the superintendent of elections and the deputy superintendent of elections in counties of the second and fifth class in which such offices have been established shall be assumed by the county commissioner of registration or county board of elections, as may be appropriate and as provided by law. Whenever in any law, rule, regulation contract, document, judicial or administrative proceeding or otherwise, reference is made to the superintendent of elections or deputy superintendent of elections concerning functions, powers and duties which had been vested therein prior to the effective date of P.L. , c. (C. )(pending before the Legislature as this bill), the same shall mean and refer to the commissioner of registration or the county board of elections, as may be appropriate.

4. R.S.19:32-2 through 14, R.S.19:32-22 through 25, P.L.1947, c.167, section 2 of P.L.1982, c.46 (C.19:32-1.2), and sections 1 and 2 of P.L.1992, c.17 (C.19:32-26.1 and 19:32-26.2) are repealed.

5. This act shall take effect on the 30th day following enactment.

STATEMENT

This bill abolishes the offices of the superintendent of elections and deputy superintendent of elections in first, second and fifth class counties which have the office, and provides that the powers and duties of those offices will be assumed by the county commissioner of registration or county board of elections, as may be appropriate and provided by current law.

At present, Bergen, Burlington, Camden, Essex, Hudson, Mercer, Monmouth, Morris and Passaic counties each have a superintendent and deputy superintendent. Under current law, the superintendent is responsible for: 1) serving as the commissioner of registration; 2) acting as the custodian of the county's voting machines; and 3) enforcing most of the election statutes in Title 19 of the Revised Statutes. The deputy superintendent assists the superintendent in the performance of these duties and serves as the superintendent in his or her absence.

In those counties without a superintendent or deputy superintendent, responsibility for conducting the activities of the superintendent and deputy superintendent is lodged with either the county commissioner of registration or the county board of elections. If this bill becomes law, the responsibilities of the superintendent and deputy in those nine counties which have such officials would be transferred to the county commissioner of registration or the board of elections.