S3519

An Act concerning certain primary election, vacancy, municipal referendum, and mail-in ballot mailing deadlines and amending various parts of the statutory law.

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

1. Section 1 of P.L.1999, c.70 (C.2B:14-5) is amended to read as follows:

2B:14-5. Filling vacancy in Surrogate's office. If a Surrogate does not take office within 30 days after the end of the preceding term or a vacancy occurs in the office of Surrogate, the Governor, with advice and consent of the Senate, shall fill the vacancy from the political party of the person last elected to the office. The person appointed shall serve until election and qualification of a successor. Election of a successor for a five-year term shall occur at the next general election unless the vacancy occurs within [37] 60 days before the election, in which case it shall occur at the second succeeding general election.

(cf: P.L.1999, c.70, s.1)

2. R.S.19:12-1 is amended to read as follows:

19:12-1. The Secretary of State shall within [thirty] 30 days after the completion of the canvass by the board of State canvassers, certify to each county clerk and county board the fact that at the next preceding general election held for the election of all of the members of the General Assembly [ten per centum (10%)] 10 percent of the total vote cast in the State for members of the General Assembly had been cast for candidates having the same designation, thereby creating, within the meaning of this Title, a political party, to be known and recognized as such under the same designation as used by the candidates for whom the required number of votes were cast.

The Secretary of State shall also not later than the [67th] third day preceding the last day for the filing of petitions for the primary election for the general election in every year in which electors of President and Vice-President of the United States, a representative of the United States Senate, members of the House of Representatives, a Governor, a Lieutenant Governor, or Senator, or member or members of the General Assembly for any county, or any of them, are to be elected or any public question is to be submitted to the voters of the entire State, direct and cause to be delivered to the clerk of the county and the county board wherein any such election is to be held, a notice stating that such officer or officers are to be elected and that such public question is to be submitted to the voters of the entire State at the ensuing general election.

(cf: P.L.2011, c.134, s.15)

3. R.S.19:12-6 is amended to read as follows:

19:12-6. All municipal clerks, not later than the [57th day preceding] seventh day after the last day for the filing of petitions for the primary election for the general election, shall make and certify under their hands and seals of office and forward to the clerk of the county in which the municipality is located a statement designating the public offices to be filled at such election, and the number of persons to be voted for each office. In counties of the first class such statement shall also be forwarded to the county board.

(cf: P.L.2011, c.134, s.18)

4. R.S.19:14-1 is amended to read as follows:

19:14-1. Every county clerk shall have ready for the printer on or before the [45th day prior to] 11th day after the last day for the filing of petitions for the primary election or 53 days prior to the general election a copy of the contents of official ballots as hereinafter required to be printed for use at such election, [except that every county clerk shall have ready for the printer on or before the 50th day prior to a federal primary election or any general election in this State a copy of the contents of the official ballots for use in such election] regardless if that date falls on a federal, State, or local holiday. The county clerk shall also on or before that time place another copy of such contents on file in the county clerk's office and keep the same open to public inspection until the sample ballots hereinafter provided to be printed shall have been distributed.

Nothing in this section, as amended by P.L.2022, c.70, shall be construed to hinder, limit, or interfere with the ability of a county clerk to comply with the federal "Uniformed and Overseas Citizens Absentee Voting Act" (52 U.S.C. s.20301 et seq.).

(cf: P.L.2022, c.70, s.1)

5. R.S.19:23-1 is amended to read as follows:

19:23-1. The chairman of the State committee of a political party shall, on or before March 1 in the year when a Governor is to be elected, notify in writing the chairman of each county committee of such party of the number of male or female members or members with less than one full vote to be elected from the county at the ensuing primary election for the general election, and each such chairman shall, on or before April 1 of such year, send a copy of such notice to the county clerk.

The chairman of each county committee shall also, on or before [April 1] the third day before the last day for the filing of petitions in each year, file with the clerks of the several municipalities the number of committeemen to be elected at the ensuing primary for the general election to the county committee.

(cf: P.L.2011, c.134, s.23)

6. R.S.19:23-12 is amended to read as follows:

19:23-12. The signers to petitions for "Choice for President," delegates and alternates to national conventions, for Governor, United States Senator, member of the House of Representatives, State Senator, member of the General Assembly and any county office may name three persons in their petition as a committee on vacancies.

This committee shall have power in case of death or resignation or otherwise of the person indorsed as a candidate in said petition to fill such vacancy by filing with the Secretary of State in the case of officers to be voted for by the voters of the entire State or a portion thereof involving more than one county thereof or any congressional district, and with the county clerk in the case of officers to be voted for by the voters of the entire county or any county election district, a certificate of nomination to fill the vacancy.

Such certificate shall set forth the cause of the vacancy, the name of the person nominated and that the person is a member of the same political party as the candidate for whom the person is substituted, the office for which the person is nominated, the name of the person for whom the new nominee is to be substituted, the fact that the committee is authorized to fill vacancies and such further information as is required to be given in any original petition of nomination.

The certificate so made shall be executed and sworn to by the members of such committee, and shall upon being filed at least [56 days before election] on the eighth day after the last day for the filing of petitions have the same force and effect as the original petition of nomination for the primary election for the general election and there shall be annexed thereto the oath of allegiance prescribed in R.S.41:1-1 duly taken and subscribed by the person so nominated before an officer authorized to take oaths in this State. The name of the candidate submitted shall be immediately certified to the proper municipal clerks. In addition, a person so nominated for the office of Governor or the office of member of the Senate or General Assembly shall annex to the certificate a statement signed by the candidate that the candidate:

a. has not been convicted of any offense graded by Title 2C of the New Jersey Statutes as a crime of the first, second, third or fourth degree, or any offense in any other jurisdiction which, if committed in this State, would constitute such a crime; or

b. has been so convicted, in which case, the candidate shall disclose on the statement the crime for which convicted, the date and place of the conviction and the penalties imposed for the conviction. Such a candidate may, as an alternative, submit with the statement a copy of an official document that provides such information. If the candidate has been convicted of more than one criminal offense, such information about each conviction shall be provided. Records expunged pursuant to chapter 52 of Title 2C of the New Jersey Statutes shall not be subject to disclosure.

(cf: P.L.2022, c.7, s.2)

7. R.S.19:23-21 is amended to read as follows:

19:23-21. The Secretary of State shall certify the names of the persons indorsed in the petitions filed in the secretary's office to the clerks of counties concerned thereby not later than noon of the [54th day prior to the holding of] 10th day after the last day for the filing of petitions for the primary election, specifying in such certificate the political parties to which the persons so nominated in the petitions belong. In the case of candidates for offices other than federal office, the Secretary of State shall also transmit this information to the Election Law Enforcement Commission in the form and manner prescribed by the commission and shall notify the commission immediately upon the withdrawal of a petition of nomination.

(cf: P.L.2022, c.7, s.5)

8. R.S.19:23-22 is amended to read as follows:

19:23-22. The county clerk shall certify all of the persons so certified to the clerk by the Secretary of State and in addition the names of all persons indorsed in petitions filed in the clerk's office to the clerk of each municipality concerned thereby in the clerk's respective county not later than the close of business of the [54th day prior to the time fixed by law for the holding of] 10th day after the last day for the filing of petitions for the primary election, specifying in such certificate the political party to which the person or persons so nominated belong. The county clerk shall also transmit this information with respect to persons, other than candidates for federal office, indorsed in petitions filed in the clerk's office to the Election Law Enforcement Commission in the form and manner prescribed by the commission and shall notify the commission immediately upon the withdrawal of a petition of nomination filed in the clerk's office.

(cf: P.L.2022, c.7, s.6)

9. R.S.19:23-24 is amended to read as follows:

19:23-24. The position which the candidates and bracketed groups of names of candidates for the primary for the general election shall have upon the ballots used for the primary election for the general election, in the case of candidates for nomination for members of the United States Senate, Governor, members of the House of Representatives, members of the State Senate, members of the General Assembly, choice for President, delegates and alternates-at-large to the national conventions of political parties, district delegates and alternates to conventions of political parties, candidates for party positions, and county offices or party positions which are to be voted for by the voters of the entire county or a portion thereof greater than a single municipality, including a congressional district which is wholly within a single municipality, shall be determined by the county clerks in their respective counties; and, excepting in counties where R.S.19:49-2 applies, the position on the ballot used for the primary election for the general election in the case of candidates for nomination for office or party position wherein the candidates for office or party position to be filled are to be voted for by the voters of a municipality only, or a subdivision thereof (excepting in the case of members of the House of Representatives) shall be determined by the municipal clerk in such municipalities, in the following manner: The county clerk, or the county clerk's deputy, or the municipal clerk or the municipal clerk's deputy, as the case may be, shall at the clerk's office on the [54th day prior to] 10th day after the last day for the filing of petitions for the primary election for the general election at three o'clock in the afternoon draw from the box, as hereinafter described, each card separately without knowledge on the clerk's part as to which card the clerk is drawing. Any legal voter of the county or municipality, as the case may be, shall have the privilege of witnessing such drawing. The person making the drawing shall make public announcement at the drawing of each name, the order in which same is drawn, and the office for which the drawing is made. When there is to be but one person nominated for the office, the names of the several candidates who have filed petitions for such office shall be written upon cards (one name on a card) of the same size, substance and thickness. The cards shall be deposited in a box with an aperture in the cover of sufficient size to admit a man's hand. The box shall be well shaken and turned over to thoroughly mix the cards, and the cards shall then be withdrawn one at a time. The first name drawn shall have first place, the second name drawn, second place, and so on; the order of the withdrawal of the cards from the box determining the order of arrangement in which the names shall appear upon the primary election ballot. Where there is more than one person to be nominated to an office where petitions have designated that certain candidates shall be bracketed, the position of such bracketed names on the ballot (each bracket to be treated as a single name), together with individuals who have filed petitions for nomination for such office, shall be determined as above described. Where there is more than one person to be nominated for an office and there are more candidates who have filed petitions than there are persons to be nominated, the order of the printing of such names upon the primary election ballots shall be determined as above described.

The county clerk in certifying to the municipal clerk the offices to be filled and the names of candidates to be printed upon the ballots used for the primary election for the general election, shall certify them in the order as drawn in accordance with the above described procedure, and the municipal clerk shall print the names upon the ballots as so certified and in addition shall print the names of such candidates as have filed petitions with him in the order as determined as a result of the drawing as above described. Candidates for the office of the county executive in counties that have adopted the county executive plan of the "Optional County Charter Law," P.L.1972, c.154 (C.40:41A-1 et seq.), shall precede the candidates for other county offices for which there are candidates on the ballot used for the primary election for the general election.

(cf: P.L.2022, c.7, s.7)

10. Section 9 of P.L.2009, c.79 (C.19:63-9) is amended to read as follows:

9. a. Except as provided in subsection d. of this section, starting on or before the 45th day before the day an election is held, each county clerk shall forward mail-in ballots by first-class postage or hand delivery to each mail-in voter whose request therefor has been approved. Mail-in ballots [that] for which mail-in ballot applications have been approved before the [45th] 48th day before an election shall be forwarded or delivered at least 45 days before the day of the election. Hand delivery of a mail-in ballot shall be made by the county clerk or the clerk's designee only to the voter, or the voter's authorized messenger, who must appear in person. No person shall serve as an authorized messenger for more than three qualified voters in an election, but a person may serve as such for up to five qualified voters in an election if those voters are immediate family members residing in the same household as the messenger. Ballots that have not been hand delivered shall be addressed to the voter at the forwarding address given in the application. In the case of a voter choosing to have their mail-in ballot sent to a secondary address, if the ballot is returned or marked undeliverable for two consecutive general elections, then future mail-in ballots shall be mailed to the voter's address where they are registered to vote and the voter shall be notified in writing of the change.

b. (1) Whenever the clerk [forwards] receives a valid application for a mail-in ballot by mail [to] from a mail-in voter between the [45th] 48th day and the 13th day before the day of an election, the ballot shall be transmitted within three business days of the receipt of the application.

(2) Whenever the clerk [forwards] receives a valid application for a mail-in ballot by mail [to] from a mail-in voter between the 12th day and the seventh day before the day of an election, the ballot shall be transmitted within two business days of the receipt of the application.

The provisions of this subsection shall not apply to: (a) annual school elections and special school elections in those school districts holding such elections, pursuant to P.L.1995, c.278 (C.19:60-1 et seq.); (b) any municipality in which elections are conducted by mail, pursuant to P.L.2005, c.148 (C.19:62-1 et seq.); (c) annual elections for members of the boards of fire district commissions, pursuant to N.J.S.40A:14-72, when such elections are held at a time other than the time of the general election; and (d) the vote on any public question submitted to the voters of a local unit to increase the amount to be raised by taxation by more than the allowable adjusted tax levy, pursuant to section 11 of P.L.2007, c.62 (C.40A:4-45.46).

c. (Deleted by amendment, P.L.2011, c.37)

d. Each uniformed and overseas mail-in voter, as defined by the federal "Uniformed and Overseas Citizens Absentee Voting Act" (52 U.S.C. s.20301 et seq.), or any general election voter in this State whose request for a mail-in ballot has been approved, shall be forwarded by the county clerk a mail-in ballot by first-class postage or hand delivery no later than the 45th day before the day of a federal election. Whenever the county clerk forwards a mail-in ballot by mail to a uniformed or overseas mail-in voter or a State general election voter between the 45th day and the 13th day before the day of a federal election, the ballot shall be transmitted within three business days of the receipt of the application. Nothing in this section, as amended by P.L.2022, c.70, shall be construed to be inconsistent with the federal "Uniformed and Overseas Citizens Absentee Voting Act" (52 U.S.C. s.20301 et seq.).

(cf: P.L.2022, c.70, s.5)

11. R.S.33:1-44 is amended to read as follows:

33:1-44. Whenever a petition, signed by at least [fifteen per centum (15%)] 15 percent of the qualified electors of any municipality as evidenced by the total number of votes cast for members of the General Assembly, at the then next preceding general election held for the election of all of the members of the General Assembly, in such municipality, shall be presented to the governing board or body thereof, requesting a referendum on the question hereinafter stated, such governing board or body shall adopt forthwith a resolution directing the clerk of the county in which such municipality is situated to print, pursuant to Title 19, Elections, hereinafter referred to as the "general election law," upon the official ballot to be used in such municipality at the next ensuing general election a question to read: "Shall the retail sale of alcoholic beverages other than brewed malt alcoholic beverages and naturally fermented wine, for consumption on the licensed premises by the glass or other open receptacle pursuant to chapter one of the Title Intoxicating Liquors of the Revised Statutes (s.33:1-1 et seq.), be permitted in this municipality?" Thereupon the clerk or secretary of said governing board or body shall forthwith deliver to the county clerk a certified copy of such resolution. If the copy shall be delivered to the county clerk not less than [thirty] 67 days before such general election, [he] the county clerk shall cause such question to be printed in an appropriate place on the ballot to be used in such municipality at the next ensuing general election pursuant to the general election law and thereupon all proceedings with respect to the referendum on such question shall be subject to and governed by the general election law as in other cases of the submission of public questions to the electorate.

If a majority of the legal voters voting upon the question shall vote "Yes," the clerk of the governing board or body of such municipality shall forthwith in writing notify the commissioner and municipal board, if any, having authority to issue such licenses, of the action taken by the legal voters of such municipality and the retail sales as aforesaid of such alcoholic beverages and the issuing of licenses pursuant to this chapter shall be permitted in such municipality.

If a majority of the legal voters voting upon the question shall vote "No," then the clerk of the governing board or body of the municipality shall forthwith in writing notify the commissioner and municipal board, if any, having authority to issue such licenses, of the action taken by the legal voters of the municipality, and after [thirty] 30 days have elapsed after the date of such vote the retail sale of alcoholic beverages, other than brewed malt alcoholic beverages and naturally fermented wines, for consumption on the licensed premises by the glass or other open receptacle (such retail sale being sometimes hereinafter called "prohibited sale"), shall be unlawful in such municipality and constitute a violation of this chapter, and it shall forthwith upon such vote be unlawful for the other issuing authority of the municipality, having authority to issue licenses, to issue any license in respect to such municipality which shall permit such prohibited sale, and all licenses theretofore issued in respect to such municipality which shall have licensed such prohibited sale shall, to the extent that they permitted such prohibited sale, become void and inoperative [thirty] 30 days after the date of such vote.

Whenever a referendum shall have been had in any municipality pursuant to this section, no further referendum on the same question shall be held therein prior to the general election to be held in such municipality in the fifth year thereafter and so long as such referendum remains effective, all ordinances, resolutions or regulations inconsistent with the result of such referendum shall have no effect within such municipality.

(cf: P.L.1949, c.296, s.1)

12. R.S.33:1-45 is amended to read as follows:

33:1-45. Whenever a petition signed by at least [fifteen per centum (15%)] 15 percent of the qualified electors of any municipality as evidenced by the total number of votes cast for members of the General Assembly, at the then next preceding general election held for the election of all of the members of the General Assembly, in such municipality, shall be presented to the governing board or body thereof, requesting a referendum on the question hereinafter stated, such governing board or body shall adopt forthwith a resolution directing the clerk of the county in which such municipality is situated to print, pursuant to Title 19, Elections, hereinafter referred to as the "general election law," upon the official ballot to be used in such municipality at the next ensuing general election a question to read: "Shall the retail sale of all kinds of alcoholic beverages, for consumption on the licensed premises by the glass or other open receptacle pursuant to chapter one of the Title Intoxicating Liquors of the Revised Statutes (s.33:1-1 et seq.), be permitted in this municipality?" Thereupon the clerk or secretary of such governing board or body shall forthwith deliver to such county clerk a certified copy of the resolution. If the copy shall be delivered to the county clerk not less than [thirty] 67 days before such general election, [he] the county clerk shall cause such question to be printed in an appropriate place on the ballot to be used in such municipality at the next ensuing general election pursuant to the general election law and thereupon all proceedings with respect to the referendum on such question shall be subject to and governed by the general election law as in other cases of the submission of public questions to the electorate.

If a majority of the legal voters voting upon the question shall vote "No," then the clerk of the governing board or body of such municipality shall forthwith in writing notify the commissioner and municipal board, if any, having authority to issue such licenses, of the action taken by the legal voters of the municipality, and after [thirty] 30 days have elapsed after the date of such vote, the retail sale of all kinds of alcoholic beverages for consumption on the licensed premises by the glass or other open receptacle (such retail sale being sometimes hereinafter called "prohibited sale" ), shall be unlawful in such municipality and constitute a violation of this chapter, and it shall forthwith upon such vote be unlawful for the other issuing authority of such municipality having authority to issue licenses to issue any license in respect to such municipality which shall permit such prohibited sale and all licenses theretofore issued in respect to such municipality which shall have licensed such prohibited sale shall, to the extent that they permitted such prohibited sale, become void and inoperative [thirty] 30 days after the date of such vote.

(cf: P.L.1949, c.296, s.2)

13. R.S.33:1-46 is amended to read as follows:

33:1-46. Whenever a petition, signed by at least [fifteen per centum (15%)] 15 percent of the qualified electors of any municipality as evidenced by the total number of votes cast for members of the General Assembly, at the then next preceding general election held for the election of all of the members of the General Assembly, in such municipality, shall be presented to the governing board or body thereof, requesting a referendum on the question hereinafter stated, such governing board or body shall adopt forthwith a resolution directing the clerk of the county in which such municipality is situated to print, pursuant to Title 19, Elections, hereinafter referred to as the "general election law," upon the official ballot to be used in such municipality at the next ensuing general election, a question to read: "Shall the sale of all alcoholic beverages at retail, except for consumption on railroad trains, airplanes and boats, and the issuance of any retail licenses, except as aforesaid, pursuant to chapter one of the Title Intoxicating Liquors of the Revised Statutes (s.33:1-1 et seq.), be permitted in this municipality?" Thereupon the clerk or secretary of the governing board or body of such municipality shall forthwith deliver to such county clerk a certified copy of such resolution. If the copy shall be delivered to the county clerk not less than [thirty] 67 days before such general election, [he] the county clerk shall cause such question to be printed in an appropriate place on the ballot to be used in such municipality at the next ensuing general election, pursuant to the general election law and thereupon all proceedings with respect to the referendum on such question shall be subject to and governed by the general election law as in other cases of the submission of public questions to the electorate.

If a majority of the legal voters voting upon the question shall vote "Yes," the clerk of the governing board or body of such municipality shall forthwith in writing notify the commissioner and municipal board, if any, having authority to issue such licenses, of the action taken by the legal voters of such municipality and retail sales of alcoholic beverages and the issuing of retail licenses pursuant to this chapter shall be permitted in such municipality.

If a majority of the legal voters voting upon the question shall vote "No," then the clerk of the governing board or body of such municipality shall forthwith in writing notify the commissioner and municipal board, if any, having authority to issue such licenses, of the action taken by the legal voters of such municipality and thereupon it shall be unlawful for the other issuing authority of such municipality, having authority to issue plenary retail consumption, plenary retail distribution and limited retail consumption licenses, to issue any such licenses in respect to such municipality, and all such licenses theretofore issued in respect to such municipality shall become void and inoperative [thirty] 30 days after the date of such vote, and thereupon the municipal board of such municipality shall be dissolved, and the offices of its members shall terminate and all its activities hereunder shall cease; but if in a later referendum held pursuant to this chapter a majority of the legal voters voting upon the same question last above stated shall vote "Yes," a municipal board for such municipality may forthwith be appointed in the same manner and with the same effect as when this chapter first became effective. Whenever any such license shall become void and inoperative by virtue of such referendum there shall be returned to the licensee the prorated license fee for the unexpired term.

(cf: P.L.1949, c.296, s.3)

14. R.S.33:1-47 is amended to read as follows:

33:1-47. Whenever a petition, signed by at least [fifteen per centum (15%)] 15 percent of the qualified electors of any municipality as evidenced by the total number of votes cast for members of the General Assembly, at the then next preceding general election held for the election of all of the members of the General Assembly, in such municipality, shall be presented to the governing board or body thereof, requesting a referendum on the question hereinafter stated, such governing board or body shall adopt forthwith a resolution directing the clerk of the county in which such municipality is situated to print, pursuant to Title 19, Elections, hereinafter referred to as the "general election law," upon the official ballot to be used in such municipality at the next ensuing general election, a question to read: "Shall the sale of alcoholic beverages be permitted on Sundays in this municipality?" Thereupon the clerk or secretary of the governing board or body of such municipality shall forthwith deliver to such county clerk a certified copy of such resolution. If such copy shall be delivered to the county clerk not less than [thirty] 67 days before such general election, [he] the county clerk shall cause such question to be printed in an appropriate place on the ballot to be used in such municipality at the next ensuing general election, pursuant to the general election law and thereupon all proceedings with respect to the referendum on such question shall be subject to and governed by the general election law as in other cases of the submission of public questions to the electorate.

If a majority of the legal voters voting upon the question shall vote "Yes," the clerk of the governing board or body of such municipality shall forthwith in writing notify the commissioner and municipal board, if any, having authority to issue such licenses, of the action taken by the legal voters of such municipality and the sale of alcoholic beverages on Sundays pursuant to the provisions of this chapter shall be permitted in such municipality.

(cf: P.L.1949, c.296, s.4)

15. R.S.33:1-47.1 is amended to read as follows:

33:1-47.1. Whenever a petition, signed by at least [fifteen per centum (15%)] 15 percent of the qualified electors of any municipality as evidenced by the total number of votes cast at the then next preceding general election, held for the election of all of the members of the General Assembly in such municipality, shall be presented to the governing board or body thereof, requesting a referendum on any proposed questions as to whether the hours between which the sale of alcoholic beverages at retail may be made in such municipality on week days, Sundays, either or both, shall be fixed as provided in such petition, which questions shall be specifically and separately set forth in the petition, such governing board or body shall adopt forthwith a resolution directing the clerk of the county in which such municipality is situated to print such question or questions stated in the petition pursuant to Title 19, Elections, hereinafter referred to as the "general election law," upon the official ballot to be used in such municipality at the next ensuing general election. Thereupon the clerk or secretary of such governing board or body shall forthwith deliver to such county clerk a certified copy of such resolution. If such copy shall be delivered to such county clerk not less than [thirty] 67 days before such general election, [he] the county clerk shall cause such question or questions to be printed in an appropriate place on the ballot to be used in such municipality at the next ensuing general election, pursuant to the general election law, and shall cause to be printed on the ballot immediately below the printed question or questions the following:

"Explanatory Statement--A "Yes' is a vote to permit sales only within the hours set forth in the question or questions printed above. A "No' vote is a vote against changing the hours during which sales of alcoholic beverages are now permitted in this municipality," and thereupon all proceedings with respect to the referendum on such question or questions shall be subject to and governed by the general election law as in other cases of the submission of public questions to the electorate.

If a majority of the legal voters shall vote affirmatively on the question of whether the hours of sale shall be fixed in the manner set forth in such question or questions, the clerk of the governing board or body of such municipality shall forthwith in writing notify the commissioner and municipal board, if any, of the action taken by the legal voters of such municipality and thereafter the retail sale of alcoholic beverages may be made only within the hours fixed by such referendum. Such sale at any other time within such municipality shall be unlawful and constitute a violation of this chapter.

If a majority of legal voters voting upon such question or questions shall vote in the negative on the question of whether the hours of sale shall be fixed in the manner set forth in such question or questions, the clerk of the governing board or body of such municipality shall forthwith in writing notify the commissioner and municipal board, if any, of the action taken by the legal voters of such municipality and thereafter the hours between which the sale of alcoholic beverages at retail may be made may be regulated as theretofore in such municipality.

No petition under this section shall be received by the governing board or body while any other petition covering the same subject matter which has theretofore been presented hereunder has not been voted upon.

(cf: P.L.1949, c.296, s.5)

16. Section 35 of P.L.1972, c.154 (C.40:41A-35) is amended to read as follows:

35. The office of county executive shall be deemed vacant if the incumbent moves his residence from the county or he is by death, physical or mental illness or other casualty unable to continue to serve as county executive. Any vacancy in the office of county executive shall be filled by election for the unexpired term only at the next general election occurring not less than [51] 60 days after the occurrence of the vacancy, except that no such vacancy shall be filled at the general election which immediately precedes the expiration of the term in which the vacancy occurs.

In the event a vacancy eligible to be filled by election hereunder occurs on or before the sixth day preceding the last day for filing petitions for nomination for the primary election, such petitions may be prepared and filed for nomination in that primary election in the manner provided by article 3 of chapter 23 of Title 19 of the Revised Statutes.

In the event the vacancy occurs after that sixth day preceding the last day for filing petitions for nomination for the primary election, a political party may select a candidate for the office in question in the 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. A statement of such selection under R.S.19:13-20 shall be filed with the county clerk not later than the 48th day preceding the date of the general election.

Besides the selection of candidates by each political party, candidates may also be nominated by petition in a manner similar to direct nomination by petition for the general election; but if the candidate of any party to fill the vacancy will be chosen at a primary election, such petition shall be filed with the county clerk at least 55 days prior to the primary election; and if no candidate of any party will be chosen at a primary election, such petition shall be filed with the county clerk not later than 12 o'clock noon of the day on which the first selection meeting by any party is held under this section to select a nominee to fill the vacancy.

When the vacancy occurs, the county clerk of the county shall forthwith give notice thereof to the chairman of the county committee of each political party.

During the temporary absence or temporary disability of the county executive the chief administrator shall serve as acting county executive.

(cf: P.L.2000, c.131, s.1)

17. Section 5 of P.L.1990, c.33 (C.40:41A-145.1) is amended to read as follows:

5. a. When any vacancy occurs on the board of [chosen freeholders] county commissioners otherwise than by expiration of term, it shall be filled by election for the unexpired term only at the next general election occurring not less than 60 days after the occurrence of the vacancy, except that no such vacancy shall be filled at the general election which immediately precedes the expiration of the term in which the vacancy occurs. In the event a vacancy eligible to be filled by election hereunder occurs on or before the sixth day preceding the last day for filing petitions for nomination for the primary election, such petitions may be prepared and filed for nomination in that primary election in the manner provided by article 3 of chapter 23 of Title 19 of the Revised Statutes. In the event the vacancy occurs after that sixth day preceding the last day for filing petitions for nomination for the primary election, or if the vacancy occurs on or before the sixth day preceding the last day for filing petitions for nomination for the primary election but no such petition has been filed with respect to a given political party, each political party, or that party respectively, may select a candidate for the office in question in the 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. A statement of such selection under R.S.19:13-20 shall be filed with the county clerk not later than the [48th] 54th day preceding the date of the general election.

The county clerk shall print on the ballots for the territory affected, in the personal choice column, the title of office and leave a proper space under such title of office; and print the title of office and the names of such persons as have been duly nominated, in their proper columns.

b. Notwithstanding subsection a. of this section, if at any time after an election for the office of county executive or for a member of the [freeholder] board of county commissioners and before the time fixed for the commencement of the term of the office, the person elected to that office dies or otherwise becomes unable to assume office , the county committee of the political party of which the person elected was the nominee shall appoint another person to fill the position until the next general election. If the person elected was not the nominee of a political party, on or within 30 days after the time fixed for the commencement of the term of office, the governing body shall appoint a successor to fill the office until the next general election without regard to party.

(cf: P.L.2000, c.126, s.11)

18. N.J.S.40A:9-70 is amended to read as follows:

40A:9-70. When a vacancy shall occur in the office of the county clerk of any county other than by expiration of term, the Governor shall fill such vacancy with the advice and consent of the Senate by appointment of a member of the same political party as that of the previous incumbent of the office, and the commission of said appointee shall expire when a successor is elected and qualified. The successor in such case shall be elected for a term of [5] five years at the general election next succeeding the happening of the vacancy unless such vacancy shall occur within [37] 60 days next preceding such election, in which case it shall be filled at the second succeeding general election.

(cf: N.J.S.40A:9-70)

19. N.J.S.40A:9-88 is amended to read as follows:

40A:9-88. When a vacancy shall occur in the office of the register of deeds and mortgages of any county other than by expiration of term, the Governor shall fill such vacancy with the advice and consent of the Senate, by appointment of a member of the same political party as that of the previous incumbent of the office, and the commission of said appointee shall expire when a successor is elected and qualified. The successor in such case shall be elected for a term of [5] five years at the general election next succeeding the happening of the vacancy unless such vacancy shall occur within [37] 60 days next preceding such election, in which case it shall be filled at the second succeeding general election.

(cf: N.J.S.40A:9-88)

20. N.J.S.40A:9-102 is amended to read as follows:

40A:9-102. When a vacancy shall occur in the office of sheriff of any county, other than by expiration of term, the Governor shall fill such vacancy with the advice and consent of the Senate by appointment of a member of the same political party as that of the previous incumbent of the office, and the commission of said appointee shall expire when a successor is elected and qualified. The successor in such case shall be elected for a term of [3] three years at the general election next succeeding the happening of the vacancy unless such vacancy shall occur within [37] 60 days next preceding such election, in which case it shall be filled at the second succeeding general election.

(cf: N.J.S.40A:9-102)

21. This act shall take effect immediately.

STATEMENT

This bill changes various primary election, vacancy, municipal referendum, and mail-in ballot mailing deadlines. The purpose of the bill is to standardize certain deadlines by establishing them in relation to the primary election petition filing deadline rather than to the primary election date. The bill also modifies various vacancy deadlines, municipal referendum deadlines concerning the sale of alcoholic beverages, and various mail-in ballot mailing deadlines to avoid delays in the mail-in ballot production, printing, and mailing process.

Primary Election Deadlines

Under current law, the Secretary of State is required to submit to the county clerks and county boards of elections, not later than the 67th day preceding the primary election for the general election, in every year in which electors of President and Vice-President of the United States, a representative of the United States Senate, members of the House of Representatives, a Governor, a Lieutenant Governor, or Senator, or member or members of the General Assembly for any county, or any of them, are to be elected or any public question is to be submitted to the voters of the entire State, a notice stating that such officer or officers are to be elected and that such public question is to be submitted to the voters of the entire State at the ensuing general election. This bill changes that deadline to not later than the third day preceding the last day for the filing of petitions for the primary election for the general election.

Under current law, all municipal clerks, not later than the 57th day preceding the primary election for the general election, are required to make and certify and forward to the county clerk a statement designating the public offices to be filled at such election, and the number of persons to be voted for each office. In counties of the first class such statement must also be forwarded to the county board. This bill changes this deadline to not later than the seventh day after the last day for the filing of petitions for the primary election for the general election.

Under current law, the chairman of each county committee is required to submit to the appropriate municipal clerks, on or before April 1 in each year, the number of committee members to be elected at the ensuing primary for the general election to the county committee. This bill changes that deadline to on or before the third day before the last day for the filing of petitions in each year.

Under current law, the members constituting a committee on vacancies, who fill vacancies in the candidacies for the offices of United States President, national convention delegate or alternate, Governor, United States Senator, member of the House of Representatives, State Senator, member of the General Assembly, and any county office, must file with the Secretary of State a certificate to fill such vacancy at least 56 days before the election. This bill changes that deadline to at least on the eighth day after the last day for the filing of petitions.

Under current law, the Secretary of State is required to certify to the appropriate county clerks the names of the persons indorsed in the petitions filed in the secretary’s office not later than noon of the 54th day prior to the holding of the primary election, specifying the political parties to which the persons so nominated belong. This bill changes this deadline to not later than noon of the 10th day after the last day for the filing of petitions for the primary election. This information, other than for candidates for federal office, is also transmitted to the Election Law Enforcement Commission.

Under current law, the county clerk is required to certify to the appropriate municipal clerks the names of all of the persons so certified by the Secretary of State and, in addition, the names of all persons indorsed in petitions filed in the clerk’s office, not later than the close of business of the 54th day prior to the time fixed by law for the holding of the primary election, specifying the political parties to which the persons so nominated belong. This bill changes this deadline to not later than the close of business of the 10th day after the last day for the filing of petitions for the primary election. This information, other than for candidates for federal office, is also transmitted to the Election Law Enforcement Commission.

Under current law, the county clerk or the county clerk’s deputy, or the municipal clerk or the municipal clerk’s deputy, as the case may be, is required at the clerk’s office to draw the names of candidates to determine their position on the primary election ballot on the 54th day prior to the primary election for the general election at three o’clock in the afternoon. This bill changes this deadline to be on the 10th day after the last day for the filing of petitions for the primary election for the general election at three o’clock in the afternoon.

Vacancy Deadlines

Under current law, in the event of a vacancy in the office of the County Surrogate, the election of a successor for a five-year term must occur at the next general election unless the vacancy occurs within 37 days before the election, in which case it must occur at the second succeeding general election. This bill changes this deadline to within 60 days before the election.

Under current law, any vacancy in the office of County Executive must be filled by election for the unexpired term only at the next general election occurring not less than 51 days after the occurrence of the vacancy, except that no such vacancy shall be filled at the general election which immediately precedes the expiration of the term in which the vacancy occurs. This bill changes that deadline to not less than 60 days after the occurrence of the vacancy.

Under current law, in the event of a vacancy in a petition for a candidate to serve on a Board of County Commissioners occurring on or before the sixth day preceding the last day for filing petitions for nomination for the primary election, but when no such petition has been filed with respect to a given political party, that political party may fill that vacancy in the same manner as that for filling vacancies in primary election candidates. A statement of that selection must be filed with the county clerk not later than the 48th day preceding the date of the general election. This bill changes that deadline to not later than the 54th day preceding the date of the general election. This bill makes a technical change to delete references to the Board of Chosen Freeholders, now known as the Board of County Commissioners.

Under current law, in the event of a vacancy in the office of County Clerk, the successor must be elected for a term of five years at the general election next succeeding the vacancy unless such vacancy occurs within 37 days next preceding the election, in which case it must be filled at the second succeeding general election. This bill changes that deadline to within 60 days next preceding that election.

Under current law, in the event of a vacancy in the office of County Register of Deeds and Mortgages, the successor must be elected for a term of five years at the general election next succeeding the vacancy unless such vacancy occurs within 37 days next preceding the election, in which case it must be filled at the second succeeding general election. This bill changes that deadline to within 60 days next preceding that election.

Under current law, in the event of a vacancy in the office of County Sheriff, the successor must be elected for a term of three years at the general election next succeeding the vacancy unless such vacancy occurs within 37 days next preceding the election, in which case it must be filled at the second succeeding general election. This bill changes that deadline to within 60 days next preceding that election.

Municipal Referendum Deadlines

Under current law, a copy of a municipal referendum resolution concerning the retail sale of certain alcoholic beverages is required to be submitted to the county clerk 30 days prior to the next general election. This bill requires a copy of such resolution to be delivered to the county clerk at least 67 days before the next general election.

The 67-day filing mandate would provide county clerks with additional time to process ballot design and production and provide consistency to the election timeline for purposes of municipal referendums concerning alcoholic beverages.

Ballot Printing and Mail-in Ballot Mailing Deadlines

Under current law, every county clerk is required to have ready for the printer on or before the 45th day prior to the primary election a copy of the contents of official ballots, except that every county clerk is required to have ready for the printer on or before the 50th day prior to a federal primary election or any general election a copy of the contents of the official ballots. This bill requires every county clerk to have ready for the printer on or before the 11th day after the last day for the filing of petitions for the primary election or 53 days prior to the general election a copy of the contents of official ballots as hereinafter required to be printed for use at such election, regardless if that date falls on a federal, State, or local holiday.

Under current law, mail-in ballots that have been approved before the 45th day before an election must be forwarded or delivered at least 45 days before the day of the election. This bill requires mail-in ballots for which mail-in ballot applications have been approved before the 48th day before an election to be forwarded or delivered at least 45 days before the day of the election.

Under current law, whenever the clerk forwards a mail-in ballot by mail to a mail-in voter between the 45th day and the 13th day before the day of an election, the ballot must be transmitted within three business days of the receipt of the application. Whenever the clerk forwards a mail-in ballot by mail to a mail-in voter between the 12th day and the seventh day before the day of an election, the ballot shall be transmitted within two business days of the receipt of the application. This bill provides that whenever the clerk receives a valid application for a mail-in ballot by mail from a mail-in voter between the 48th day and the 13th day before the day of an election, the ballot must be transmitted within three business days of the receipt of the application. Whenever the clerk receives a valid application for a mail-in ballot by mail from a mail-in voter between the 12th day and the seventh day before the day of an election, the ballot shall be transmitted within two business days of the receipt of the application.