S4093

An Act concerning fire district elections, amending various parts of the statutory law, and repealing various parts of the statutory law.

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

1. 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 have been approved before the 45th 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 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 shall be transmitted within three business days of the receipt of the application.

(2) 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.

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;] (Deleted by amendment, P.L. , c. ) (pending before the Legislature as this bill) 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)

2. N.J.S.40A:14-70 is amended to read as follows:

40A:14-70. a. In any municipality not having a paid or part-paid fire department and force, the governing body, upon application of at least 5 [%] percent of the registered voters or 20 legal voters, whichever is the greater, shall consider the designation of a fire district. Upon receipt of the application, the governing body shall fix a time and place for a hearing thereon. The municipal clerk shall advertise the notice of the hearing in a newspaper circulating in the county wherein the municipality is located at least once and not less than 10 days prior to the hearing. After the hearing the governing body shall determine the question of designation of a fire district. If the governing body decides that the designation of a fire district is appropriate, it, by ordinance, shall designate a territorial location or locations for use as a fire district or fire districts and, by resolution, provide for the election of a board of fire commissioners for the district or each district, to consist of five persons, residents therein, and specify the date, time and place for the election of the first board.

b. The district or each district shall be assigned a number and the commissioners thereof and their successors shall be a body corporate, to be known as "the commissioners of fire district No. . . . . . in . . . . . . (name of municipality), county of . . . . . . . . . . (name of county)." The said body corporate shall have the power to acquire, hold, lease, sell or otherwise convey in its corporate name such real and personal property as the purposes of the corporation shall require. All sales and leases of real and personal property shall be in accordance with the provisions of section 13 or 14, as appropriate, of the "Local Lands and Buildings Law," P.L.1971, c.199 (C.40A:12-13 or 40A:12-14). [Said] The body corporate may adopt and use a corporate seal, sue or be sued and shall have such powers, duties and functions as are usual and necessary for said purposes.

c. [If the election of the first board of fire commissioners is held at a time other than the time of the general election, the following requirements shall apply:

(1) The clerk of the municipality shall conduct the election and shall preside at the meeting until the board shall have been elected.

(2) At the first meeting of a newly elected board of fire commissioners of a district the board shall choose a chairman and fix the place for the annual election. The members of the board shall divide themselves by lot into three classes: the first to consist of two members whose terms shall expire at 12 o'clock noon on the first Tuesday in March of the year following the year in which the first board is elected; the second, two members whose terms shall expire at 12 o'clock noon on the first Tuesday in March of the second year following that year; and the third, one member whose term shall expire at 12 o'clock noon on the first Tuesday in March of the third year following that year. The terms of fire commissioners in each class, other than members of the first board, shall expire at 12 o'clock noon on the first Tuesday in March of the third year following the year in which they were elected. If the time of the annual election is moved to the time of the general election pursuant to subsection a. of section 23 of P.L.2017, c.206 (C.40A:14-72.2), the terms of the fire commissioners then in office shall be extended until 12 o'clock noon on the first Tuesday in December of the years in which their terms expire.

(3) Any vacancy in the membership shall be filled by the remaining members until the next succeeding annual election held on the third Saturday in February, at which time a resident of the district shall be elected for the unexpired term.] (Deleted by amendment, P.L. , c. ) (pending before the Legislature as this bill)

d. [If the] The election of the first board of fire commissioners [is] shall be held at the time of the general election, and the following requirements shall apply:

(1) The election shall be conducted in accordance with the procedures provided for the general election in Title 19 of the Revised Statutes, except as otherwise provided pursuant to N.J.S.40A:14-70 et seq.

(2) The annual election shall be held at the time of the general election on the first Tuesday after the first Monday in November, and shall be conducted in accordance with the procedures provided for the general election in Title 19 of the Revised Statutes, except as otherwise provided pursuant to N.J.S.40A:14-70 et seq.

(3) The term of a member of a board of fire commissioners shall commence at 12 o'clock noon on the first Tuesday in December.

(4) At the first meeting of a newly elected board of fire commissioners of a district, the board shall choose a chairman. The members of the board shall divide themselves by lot into three classes: the first to consist of two members whose terms shall expire at 12 o'clock noon on the first Tuesday in December of the year following the year in which the first board is elected; the second, two members whose terms shall expire at 12 o'clock noon on the first Tuesday in December of the second year following that year; and the third, one member whose term shall expire at 12 o'clock noon on the first Tuesday in December of the third year following that year. The terms of fire commissioners in each class, other than members of the first board, shall expire at 12 o'clock noon on the first Tuesday in December of the third year following the year in which they were elected.

(5) Any vacancy in the membership shall be filled by the remaining members until the next succeeding annual election held at the time of the general election, at which time a resident of the district shall be elected for the unexpired term.

(cf: P.L.2017, c.206, s.9)

3. N.J.S.40A:14-71 is amended to read as follows:

40A:14-71. a. [For an election held at a time other than at the time of the general election, candidates for membership on the board shall be nominated by verified petitions and the procedures set forth in this subsection shall apply. Any such petition shall be in writing, addressed to the municipal clerk or the clerk of the board, as the case may be, stating that the signers thereof are qualified voters and residents in the district and requesting that the name of the candidate be placed on the official ballot. The petition shall state the residence of the candidate and certify his qualification for membership. The candidate's consent to his nomination shall be annexed to the petition and shall constitute his agreement to serve in the event of his election. The petition shall contain the name of only one candidate, but several petitions may nominate the same person. Each petition shall be signed by not less than 10 qualified voters and shall be filed at least 29 days before the date of the election.

Any form of a petition of nomination which is provided to candidates by the Secretary of State, the county clerk, or the municipal clerk shall contain the following notice: "Notice: All candidates are required by law to comply with the provisions of 'The New Jersey Campaign Contributions and Expenditures Reporting Act,' P.L.1973, c.83 (C.19:44A-1 et seq.). For further information please call (insert telephone number of the Election Law Enforcement Commission)."

If a petition is found to be defective, either in form or substance, the municipal clerk or the clerk of the board, as the case may be, shall forthwith notify the candidate to cause it to be corrected before the petition is given consideration.

A candidate shall be permitted to sign or circulate, or both sign and circulate, the petition required to nominate that candidate for membership on the board.] (Deleted by amendment, P.L. , c. ) (pending before the Legislature as this bill)

b. For an election held at the time of the general election, each candidate for membership on the board of fire commissioners shall be nominated by petition for direct nomination pursuant to the procedures set forth in R.S.19:13-1 et seq. Notwithstanding the provisions of R.S.19:13-5, however, a petition of nomination for [such] the office shall be signed by at least 10 persons, one of whom may be the candidate, or two percent of the number of qualified voters who voted in the fire district at the next preceding annual election for members of the board of fire commissioners, whichever is less, and filed with the county clerk on or before 4:00 p.m. of the last Monday in July preceding the general election. 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 by filing a notice in writing, signed by the candidate, of [such] the withdrawal with the county clerk on or before the 70th day before the date of the November election, as applicable, and thereupon the name of that candidate shall be withdrawn by the county clerk and shall not be printed on the ballot.

A vacancy created by any reason set forth in R.S.19:13-18, or in any other manner, shall be filled under the provisions of R.S.19:13-19. In each fire district in which candidates for the office of member of a board of fire commissioners will seek election at the general election, the board of fire commissioners thereof shall certify to the county clerk no later than the day of the holding of the primary election for the general election next occurring a statement designating the public offices to be filled at such election, and the number of such offices to be filled.

(cf: P.L.2017, c.206, s.10)

4. N.J.S.40A:14-72 is amended to read as follows:

40A:14-72. a. An election shall be held annually [either on the third Saturday in February or] at the time of the general election on the first Tuesday after the first Monday in November in each established fire district for the election of members of the board according to the expiration of terms. [The initial election for a newly created fire district may take place on another date as a governing body may specify under N.J.S.40A:14-70, but the annual election thereafter shall be held either on the third Saturday in February or at the time of the general election on the first Tuesday after the first Monday in November.]

b. [For an election held at a time other than at the time of the general election, the place of the election shall be determined by the board and a notice thereof, and of the closing date for the filing with the clerk of the board of petitions of nomination for membership on the board, shall be published at least once in a newspaper circulating in the district, at least six weeks prior to the date fixed for the election.] (Deleted by amendment, P.L. , c. ) (pending before the Legislature as this bill)

c. [For an election held at the time of the general election, the] The place of the election shall be determined pursuant to R.S.19:8-1 et seq. and notice thereof shall be published pursuant to R.S.19:12-7. Notice of the closing date for the filing, with the county clerk, of nominations by petition for direct nomination for membership on the board shall be published by the board at least once in a newspaper circulating in the district, at least 21 days prior to the date by which such nominations are required to be filed with the county clerk.

d. Fire districts located in the same municipality may combine the publication of their notices of election. For the purpose of this section, "notices of election" shall include the notices required to be published under section 6 of P.L.2009, c.79 (C.19:63-6).

e. [The legal voters at an annual election held on the third Saturday in February shall determine the amount of money to be raised for the ensuing year and determine such other matters as may be required. If the amount of money to be raised for the ensuing year exceeds the permissible property tax levy increase, as determined pursuant to section 10 of P.L.2007, c.62 (C.40A:4-45.45), a public question shall be submitted to the legal voters to increase the amount to be raised by taxation by more than the allowable adjusted tax levy.] (Deleted by amendment, P.L. , c. ) (pending before the Legislature as this bill)

f. [If a fire district holds] During its annual election at the time of the general election, [then] the legal voters of the fire district shall determine the amount of money to be raised for the ensuing year [only by] including any such amount that exceeds the permissible property tax levy increase as determined pursuant to section 10 of P.L.2007, c.62 (C.40A:4-45.45), and determine such other matters as may be required. The legal voters shall determine whether to increase the amount to be raised by taxation by more than the allowable adjusted tax levy for the ensuing year through the submission of a public question. The board of fire commissioners of the fire district shall notify the county or municipal clerk, as appropriate, of the need to conduct a referendum pursuant to this subsection at least 60 days before the date of the [referendum. A referendum conducted pursuant to this subsection shall be held on the third Saturday in February of the budget year in which the levy increase would apply] general election.

g. [No fire district election shall be held between the period of 45 days prior to the primary or general election to the certification of the results of the primary or general election.] (Deleted by amendment, P.L. , c. ) (pending before the Legislature as this bill)

(cf: P.L.2023, c.124, s.22)

5. Section 22 of P.L.2017, c.206 (C.40A:14-72.1) is amended to read as follows:

22. a. [Except as provided in subsection b. of this section, the] The board of fire commissioners of a fire district [may by resolution] that prior to the effective date of P.L. , c. (pending before the Legislature as this bill) held fire district elections at any time other than the general election shall move the time of the annual election for the fire district to the time of the general election on the first Tuesday after the first Monday in November. [If the time of the annual election for a fire district is moved to the time of the general election, the] The fire district election shall be held for the purposes of electing members of the board of fire commissioners and for voting on any appropriation or other matter according to the provisions of N.J.S.40A:14-70 et seq. The procedures for holding a fire district election at the time of the general election shall be in accordance with the procedures provided for the general election under Title 19 of the Revised Statutes, except as otherwise provided pursuant to N.J.S.40A:14-70 et seq.

After moving the date of a fire district's annual election to the day of the general election on the first Tuesday after the first Monday in November, the date of the annual fire election shall be held at that time and shall not be changed.

b. (1) An annual election shall [not] be moved to the first Tuesday after the first Monday in November, to be held simultaneously with the general election, pursuant to subsection a. of this section, [unless] and the county board of elections [has certified] shall certify that the election [may] shall be conducted in accordance with the requirements of section 1 of P.L.1976, c.83 (C.19:4-10).

(2) The county board of elections for a county within which a fire district is located shall determine, within 30 days of the effective date of P.L.2017, c.206, whether an annual election may be so conducted.

(a) [If the county board of elections determines that an annual election may be conducted pursuant to paragraph (1) of this subsection, the board shall transmit a certification to the board of fire commissioners and the governing body of the municipality within which the district is located.] (Deleted by amendment, P.L. , c. ) (pending before the Legislature as this bill)

(b) [If the county board of elections determines that an annual election may not be conducted pursuant to paragraph (1) of this subsection, the board shall transmit a letter to the fire district so stating.] In order to meet the requirement of paragraph (1) of this subsection, the board of election may revise or readjust the boundary lines of any election district and the board of fire commissioners, if authorized by an ordinance adopted by the governing body of the municipality, may revise or readjust the boundary lines of any fire district, including by means of consolidating or subdividing districts, as may be necessary, except as may be otherwise required by section 6 of P.L.1976, c.83 (C.19:4-15). The Local Finance Board shall approve any proposed consolidation or subdivision of a fire district in accordance with the procedures set forth in the Local Authorities Fiscal Control Law, P.L.1983, c.313 (C.40A:5A-1 et seq.), or sections 2 and 3 of P.L.2015, c.279 (C.40A:14-90.1 et seq.), as applicable. Any fire district whose boundaries have been adjusted shall notify the Director of the Division of Local Government Services in the Department of Community Affairs.

Upon the completion of [such] the revision or readjustment of the boundary lines of any election district by the board of elections, the board of election shall transmit a certification to the board of fire commissioners and the governing body of the municipality within which the district is located.

Upon the completion of [such] the revision or readjustment of the boundary lines of any fire district by the board of fire commissioners, the fire district shall transmit a letter so notifying the county board of elections. The board of elections shall, within 30 days thereafter, transmit either a certification to the board of fire commissioners and the governing body of the municipality within which the district is located, provided the board of election can then certify compliance with paragraph (1) of this subsection, or a letter to the board of fire commissioners stating that compliance with paragraph (1) of this subsection has not been met notwithstanding the revision or readjustment.

c. [If the time of the annual election is moved to the time of the general election pursuant to subsection a. of this section, the] The term of a member of a board of fire [commissioner] commissioners elected at the time of a general election shall commence at 12 o'clock noon on the first Tuesday in December, and shall expire at 12 o'clock noon on the first Tuesday in December of the third year following the year in which such member was elected. Any vacancy in the membership shall be filled by the remaining members until the next succeeding annual election held at the time of the general election, at which time a resident of the district shall be elected for the unexpired term. If a member of a board of fire commissioners who was elected to a term of office at an election other than a general election prior to the effective date of P.L. , c. (pending before the Legislature as this bill) would be subject to an expiration of their term of office and create a vacancy prior to the time that a successor would commence a new term at the next general election, the member shall hold over as an incumbent beyond the expiration of the term of office until the elected successor assumes office.

(cf: P.L.2017, c.206, s.22)

6. N.J.S.40A:14-74 is amended to read as follows:

40A:14-74. For an election held at the time of the general election [or at a time other than at the time of the general election], the voter registration procedures set forth in R.S.19:31-1 et seq. shall apply.

(cf: P.L.2017, c.206, s.13)

7. The following sections are repealed:

N.J.S.40A:14-73;

N.J.S.40A:14-75;

N.J.S.40A:14-76;

N.J.S.40A:14-77;

N.J.S.40A:14-78;

Section 8 of P.L.1979, c.453 (C.40A:14-78.4);

Section 9 of P.L.1979, c.453 (C.40A:14-78.5); and

N.J.S.40A:14-84.

8. This act shall take effect immediately.

STATEMENT

Under current law, a fire district election may be held annually either on the third Saturday in February or at the time of the general election on the first Tuesday after the first Monday in November. This bill amends various sections of law and repeals various sections of law to require that all fire district elections are to be held at the time of the general election in November.

The bill also makes technical revisions.