Sponsored by:
Assemblyman LOUIS D. GREENWALD
District 6 (Burlington and Camden)
Assemblyman TROY SINGLETON
District 7 (Burlington)
Co-Sponsored by:
Assemblywoman Jasey
SYNOPSIS
Changes deadline for filing nominating petitions for school board candidates to match filing deadline for nominating petitions for other candidates seeking elective public office.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning petitions of nomination for candidates seeking election as members of boards of education and amending P.L.1995, c.278.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. Section 7 of P.L.1995, c.278 (C.19:60-7) is amended to read as follows:
7. Each candidate to be voted upon at a school election shall be nominated directly by petition, and the procedures for such nomination shall, to the extent not inconsistent with the provisions of P.L.1995, c.278 (C.19:60-1 et al.), conform to the procedure for nominating candidates by direct petition under chapter 13 of Title 19 of the Revised Statutes. Notwithstanding the provisions of R.S.19:13-5, however, a petition of nomination for such office shall be signed by at least 10 persons, one of whom may be the candidate, and filed with the secretary of the board of education on or before four p.m. of the 50th day preceding the date of the April school election or with the county clerk on or before four p.m. of the 64th day [of the holding of the primary election for the general election for candidates seeking election as a member of a board of education at] preceding the November school election, as applicable. The signatures need not all appear upon a single petition and any number of petitions may be filed on behalf of any candidate but no petition shall contain the endorsement of more than one candidate.
Any candidate may withdraw as a candidate in a school election by filing a notice in writing, signed by the candidate, of such withdrawal with the secretary of the board of education before the 44th day before the date of the April election or with the county clerk on the 60th day before the date of the November election, as applicable, and thereupon the name of that candidate shall be withdrawn by the secretary of the board of education and shall not be printed on the ballot.
A vacancy created by a declination of nomination or withdrawal by, or death of, a nominee, or in any other manner, shall be ineligible to be filled under the provisions of R.S.19:13-19 or otherwise.
Whenever written objection to a petition of nomination hereunder shall have been made and timely filed with the secretary of the board of education or with the county clerk, as may be appropriate, the board of education shall file its determination of the objection on or before the 44th day preceding the April school election or the county clerk shall file the clerk's determination of the objection on or before the [10th] 61st day [after the last day for the filing of petitions for candidates seeking election as a member of a board of education at] preceding the November school election, as applicable. The last day upon which a candidate may file with the Superior Court a verified complaint setting forth any invasion or threatened invasion of the candidate's rights under the candidate's petition of nomination shall be the 46th day before the April election or the [12th] 52nd day [after the last day for the filing of petitions for candidates seeking election as a member of a board of education at] preceding the November election, as applicable. The last day upon which a candidate whose petition of nomination or any affidavit thereto is defective may amend such petition or affidavit shall be the 44th day before the April election or the [10th] 54th day [after the last day for the filing of petitions for candidates seeking election as a member of a board of education at] preceding the November election, as applicable.
(cf: P.L.2011, c.202, s.36)
2. This act shall take effect on January 1st following the day of enactment.
STATEMENT
The purpose of this bill is to change the deadline for filing petitions of nomination for candidates seeking election as members of boards of education so that it matches the deadline for filing petitions of nomination for other candidates seeking elective public office in this State.
Specifically, the bill changes the filing deadline for candidates in school board elections from no later than 4 p.m. of the day of the holding of the primary election for the general election to no later than 4 p.m. of the 64th day preceding the holding of the school election at the general election. The bill also changes other deadlines relating to petitions of nomination to make those deadlines match the deadlines established in current law for candidates for other elective public offices.
The bill would take effect on January 1st following the day of its enactment.