Sponsored by:
Senator JOSEPH F. VITALE
District 19 (Middlesex)
Senator JOSEPH P. CRYAN
District 20 (Union)
SYNOPSIS
Changes termination date of moratorium on moving annual school election back to third Tuesday in April.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning annual school district elections and amending P.L.2016, c.27.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. Section 1 of P.L.2016, c.27 is amended to read as follows:
1. When the date of an annual school election has been moved pursuant to section 1 of P.L.2011, c.202 (C.19:60-1.1) to the first Tuesday after the first Monday in November from the third Tuesday in April for a school district, or a Type II school district with a board of school estimate, any petition filed or resolution adopted by a board of education or a municipal government, or action taken by a Type II school district with a board of school estimate, after June 1, 2016 but prior to [May 31, 2018] the 10th day following the date of submission to the Legislature of the final report of the School District Annual Election Study Commission established pursuant to section 2 of P.L.2016, c.27, pursuant to subsection b. of section 1 of P.L.2011, c.202 (C.19:60-1.1) to move the election from the first Tuesday after the first Monday in November to the third Tuesday in April shall be invalid and without effect. No action shall be taken by any public employee or official after the effective date of P.L.2016, c.27 to effectuate or implement the purpose of such a petition, resolution, or action, including any proceeding in progress for the holding of an election in April for a school district or a Type II school district with a board of school estimate. Appropriate written notices shall be given to relevant boards of education, boards of school estimate, municipal governing bodies, and petition circulators by the appropriate board or governing body that a petition or resolution has been invalidated by this section.
(cf: P.L.2016, c.27, s.1)
2. This act shall take effect immediately.
STATEMENT
P.L.2016, c.27 provides that, when the date of an annual school election has been moved to the day of the general election in November from the third Tuesday in April, any petition filed, resolution adopted, or action taken after January 1, 2016, but prior to May 31, 2018, to move the election back to April from November would be invalid and without effect. No action may be taken by a public employee or official after August 18, 2016, when P.L.2016, c.27, was signed to effectuate or implement the purpose of such a petition, resolution, or action, including any proceeding in progress at that time for the holding of an election in April.
This bill changes the termination date of this moratorium from May 31, 2018 to the 10th day following the date of submission to the Legislature of the final report of the School District Annual Election Study Commission.
The commission was established by section 2 of P.L.2016, c.27 to study: (1) the voter turnout data and the fiscal impact and cost savings of moving the date of the annual school election for school districts to the first Tuesday after the first Monday in November, to be held simultaneously with the general election; (2) the voter turnout estimates and implications and the fiscal impact and cost savings of moving the date of the annual school election for school districts from the first Tuesday after the first Monday in November to the third Tuesday in April; and (3) the implications of moving the annual election as described in (1) and (2) on proposed school budgets.
The commission is to issue a final report to the Governor and the Legislature within 10 months from the date of its first meeting, and expire six months after the issuance of its final report.