S2099 2R

An Act concerning ²the date of² annual school district elections and ²[amending P.L.2011, c.202 and P.L.2012, c.78] creating the School District Annual Election Study Commission².

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

²[1. Section 1 of P.L.2011, c.202, (C.19:60-1.1) is amended to read as follows:

1. a. (1) The question of moving the date of a school district's annual school election to the first Tuesday after the first Monday in November, to be held simultaneously with the general election, shall be submitted to the legal voters of a local or regional school district, other than a Type II district with a board of school estimate, whenever a petition signed by not less than 15% of the number of legally qualified voters who voted in the district at the last preceding general election held for the election of electors for President and Vice-President of the United States is filed with the board of education. The question shall be submitted to the voters of the district at the next general election, provided that at least 60 days have lapsed since the date of the filing of the petition. In the event that the question is not approved by the voters, no petition may be filed to submit the question to the voters within one year after an election shall have been held pursuant to any petition filed pursuant to this subsection.

The date of the annual school election may be moved to the first Tuesday after the first Monday in November without voter approval, upon the adoption of a resolution by the board of education of a local or regional school district, other than a Type II district with a board of school estimate, or the governing body or bodies of the municipality or municipalities constituting the district. Prior to holding a meeting for the adoption of the resolution to move the date of the annual school election, the governing body or bodies of the municipality or municipalities constituting the district shall provide adequate notice of the meeting to the affected board or boards of education.

(2) In the event that the date of a school district's annual school election is moved to the day of the general election, the annual school election in November shall be held for the purpose of submitting a proposal to the voters for approval of additional funds pursuant to paragraph (9) of subsection d. of section 5 of P.L.1996, c.138 (C.18A:7F-5), for the purpose of electing members of the board of education, and for any other purpose authorized by law. A
vote shall not be required on the district's general fund tax levy for the budget year, other than the general fund tax levy required to support a proposal for additional funds.

(3) In addition to the process set forth in paragraph (1) of this subsection, in the event that all the constituent districts of a limited purpose regional school district approve moving the date of their annual school elections to November, by any of the procedures established pursuant to this subsection, then the annual school election for the limited purpose regional school district shall also be conducted simultaneously with the general election.

(4) In the event that the date of a school district's annual school election is moved to the day of the general election pursuant to this subsection, the board of education and the county board of elections shall enter into an agreement, pursuant to guidelines established by the Secretary of State, under which the board of education shall pay any agreed upon increase in the costs, charges, and expenses that may be associated with holding the school election simultaneously with the general election.

b. [(1) In the case of a school district that has moved the date of its annual school election to November pursuant to subsection a. of this section, the question of moving the date of the school district's annual school election to the third Tuesday in April shall be submitted to the legal voters of a local or regional school district, other than a Type II district with a board of school estimate, whenever a petition signed by not less than 15% of the number of legally qualified voters who voted in the district at the last preceding general election held for the election of electors for President and Vice-President of the United States is filed with the board of education. The question shall be submitted to the voters of the district at the next general election, provided that at least 60 days have lapsed since the date of the filing of the petition.

The date of the annual school election may be moved to the third Tuesday in April without voter approval, upon the adoption of a resolution by the board of education of a local or regional school district, other than a Type II district with a board of school estimate, or the governing body or bodies of the municipality or municipalities constituting the district. Prior to holding a meeting for the adoption of the resolution to move the date of the annual school election, the governing body or bodies of the municipality or municipalities constituting the district shall provide adequate notice of the meeting to the affected board or boards of education.

No resolution may be adopted and no petition may be filed pursuant to this subsection until at least four annual school elections have been held in November.

(2) In the event that the date of the annual school election is moved to the third Tuesday in April, a vote shall be held on the district's general fund tax levy for the budget year including any proposal for additional funds pursuant to paragraph (9) of subsection d. of section 5 of P.L.1996, c.138 (C.18A:7F-5), the election of members of the board of education, and for any other purpose authorized by law.

(3) In addition to the process set forth in paragraph (1) of this subsection, in the event that all the constituent districts of a limited purpose regional school district approve moving the date of their annual school elections to the third Tuesday in April, by any of the procedures established pursuant to this subsection, then the annual school election for the limited purpose regional school district shall also be conducted on the third Tuesday in April.] (Deleted by amendment, P.L. , c. ) (pending before the Legislature as this bill)

c. Notice, in writing, to change the date of a school election from the third Tuesday in April to the first Tuesday in November shall be given to the county clerk no less than 60 days prior to the third Tuesday in April to take effect for that year's election. [For a change from the first Tuesday in November to the third Tuesday in April, notice must be given to the county clerk no less than 85 days prior to the third Tuesday in April to take effect for that year's election.] Timely notice shall also be given by the board of education or municipal governing body adopting such resolution to any other affected boards of education and municipal governing bodies.

(cf: P.L.2013, c.172, s.5)]²

²[2. Section 1 of P.L.2012, c.78, (C.19:60-1.2) is amended to read as follows:

1. a. Notwithstanding any other law or regulation to the contrary, a Type II district with a board of school estimate may move the date of the school district's annual school election pursuant to the provisions of section 1 of P.L.2011, c.202 (C.19:60-1.1).

b. Notwithstanding any other law or regulation to the contrary, in the event that the date of the annual school election is moved to the day of the general election in a Type II district with a board of school estimate, the election shall be held for the purpose of electing members of the board of education and for any other purpose authorized by law. The board of school estimate shall not determine the district's general fund tax levy for the budget year, other than the general fund tax levy required to support a proposal for additional funds pursuant to paragraph (9) of subsection d. of section 5 of P.L.1996, c.138 (C.18A:7F-5).

c. [Notwithstanding any other law or regulation to the contrary, in a Type II district with a board of school estimate that has moved the date of its annual school election to November and subsequently moves the annual school election to the third Tuesday in April, a vote shall be held for the purpose of electing members of the board of education and for any other purpose authorized by law. The board of school estimate shall determine the district's general fund tax levy for the budget year, including any proposal for additional funds pursuant to paragraph (9) of subsection d. of section 5 of P.L.1996, c.138 (C.18A:7F-5).] (Deleted by amendment, P.L. , c. ) (pending before the Legislature as this bill)

(cf: P.L.2012, c.78, s.1)²]

²[3.] 1.² 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, ²[prior to the effective date of P.L. , c. (pending before the Legislature as this bill),]² 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 ²[January 1, 2016] June 1, 2016² but prior to ²[the effective date of P.L. , c. (pending before the Legislature as this bill)] May 31, 2018² 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 ²[¹, except that this section shall not apply to any school district that has held an election in April, pursuant to subsection b. of section 1 of P.L.2011, c.202 (C.19:60-1.1), after January 1, 2016 but prior to the effective date of P.L. , c. (pending before the Legislature as this bill)¹]². No action shall be taken by any public employee or official after the effective date of P.L. , c. (pending before the Legislature as this bill) 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.

²2. a. There is established a School District Annual Election Study Commission. The purpose of the commission shall be 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.

b. The commission shall consist of 10 members as follows:

Two members, to be appointed by the Governor, including the Secretary of State who shall serve ex officio, or the Secretary’s designee;

Two members, to be appointed by the President of the Senate, including one member upon the recommendation of the New Jersey School Boards Association;

Two members, to be appointed by the Speaker of the General Assembly, including one member upon the recommendation of the New Jersey League of Municipalities;

Two members, to be appointed by the Minority Leader of the Senate, including one member upon the recommendation of the New Jersey Association of Election Officials; and

Two members, to be appointed by the Minority Leader of the General Assembly, including one member upon the recommendation of the New Jersey Association of Counties.

Vacancies in the membership of the commission shall be filled in the same manner provided for the original appointments.

c. All appointments to the commission shall be made not later than the 30th day after the effective date of this act. The commission shall convene its first meeting within 15 days following the date on which the majority of its members have been appointed.

The members of the commission shall select a chairperson and a vice-chairperson from among the membership.

A majority of the authorized membership of the commission shall constitute a quorum for the transaction of any business.

The chairperson may appoint a secretary who need not be a member of the commission. The Department of State shall provide professional and clerical support to the commission.

The members shall serve without compensation, but may be reimbursed for expenses incurred in the performance of their duties, except for the Secretary of State, within the limits of funds appropriated or made available for such a purpose.

The commission shall hold at least one public hearing in a place and at a time convenient for the participation of members of the public. The public hearing shall take place in a county in the central region of this State.

The commission shall also be entitled to call to its assistance and avail itself of the services of the employees of any State department, board, bureau, commission, or agency as it may require and as may be available to it for its purposes.

d. The commission shall issue, within 10 months from the date of its first meeting, a final report to the Governor, and the Legislature pursuant to section 2 of P.L.1991, c.164 (C.52:14-19.1), detailing its findings. Following the issuance of its final report, the commission shall convene at the call of the chairperson to consider and respond to any written request submitted to it by a legislator or officer or employee of the Executive Branch of State government on any issue or item.

The commission shall expire six months after the date of issuance of its final report.²

²[4.] 3.² This act shall take effect immediately.