P.L. 2008, CHAPTER 129, approved January 12, 2009
Assembly Committee Substitute for
Assembly, No. 3186
An Act providing for the adjustment of the date for holding certain elections, and amending P.L.1995, c.278 and P.L.1981, c.379.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. Section 1 of P.L.1995, c.278 (C.19:60-1) is amended to read as follows:
1. a. An annual school election shall be held in each type II district on the third Tuesday in April. However, in any school year, the Commissioner of Education shall make any adjustments to the school budget and election calendar which may be necessary to change the annual school election date or any other school budget and election calendar date if that date coincides with a period of religious observance that limits significantly the usual activities of the followers of a particular religion or that would result in significant religious consequences for such followers. The commissioner shall inform local school boards, county clerks and boards of elections of these adjustments no later than the first working day in January of the year in which the adjustments are to occur.
As used in this subsection “a period of religious observance” means any day or portion thereof on which a religious observance imposes a substantial burden on an individual’s ability to vote.
b. All school elections shall be by ballot and, except as otherwise provided by P.L.1995, c.278 (C.19:60-1 et al.), shall be conducted in the manner provided for general elections pursuant to Title 19 of the Revised Statutes. No grouping of candidates or party designation shall appear on any ballot to be used in a school election.
(cf: P.L.2003, c.20, s.1)
2. Section 2 of P.L.1995, c.278 (C.19:60-2) is amended to read as follows:
2. a. [The] Except as otherwise provided pursuant to subsection c. of this section, the board of education of a type II district may call a special election of the legal voters of the district on only the fourth Tuesday in January other than in a year when a presidential primary election occurs, in which case no such election on that date may be called, the second Tuesday in March, the last Tuesday in September, or the second Tuesday in December when in its judgment the interests of the schools require such an election. The board of education shall give the municipal clerk or clerks, as the case may be, and the county board of elections no less than 60 days' notice, in writing, of its intention to hold a special election.
b. No business shall be transacted at any special election except such as shall have been set forth in the notices by which the election was called.
c. The Commissioner of Education may change in any school year any date authorized for a special school election pursuant to subsection a. of this section if that date coincides with a period of religious observance that limits significantly the usual activities of the followers of a particular religion or that would result in significant religious consequences for such followers. The commissioner shall inform local school boards, county clerks, and boards of election of the adjustment no later than the first working day in January of the year in which the adjustments are to occur.
As used in this section “a period of religious observance” means any day or portion thereof on which a religious observance imposes a substantial burden on an individual’s ability to vote.
(cf: P.L.2007, c.61, s.15)
3. Section 3 of P.L.1981, c.379 (C.40:45-7) is amended to read as follows:
3. Except as may otherwise be provided by law for initial elections conducted in a municipality following its adoption of a plan or form of government, or a charter or an amendment thereto, regular municipal elections shall be held in each municipality governed by this act on the second Tuesday in May in the years in which municipal officers are to be elected. The municipal election shall be held at the same place or places and conducted in the same manner, so far as possible, as the general election. The election officers shall be those provided for conducting the general election.
Notwithstanding the provisions of this section, the Secretary of State may change in any year the date provided for a regular municipal election if the date coincides with a period of religious observance that limits significantly the usual activities of the followers of a particular religion or that would result in significant religious consequences for such followers. The secretary shall inform the municipal clerks, county clerks and boards of election of the adjustment no later than the first working day in January of the year in which the adjustments are to occur.
As used in this section “a period of religious observance” means any day or portion thereof on which a religious observance imposes a substantial burden on an individual’s ability to vote.
(cf: P.L.1981, c. 379, s. 3)
4. This act shall take effect immediately.
Provides for adjustment and notice of date on which certain elections can occur if date coincides with period of religious observance.