N.J. Stat. tit. 40, ch. 80

in effect

N.J. Stat. § 40:80-1 Special election; petition

The legal voters of any municipality may adopt this subtitle at a special election to be held in such municipality, to be called by the municipal clerk upon request or petition in writing of the legal voters of the municipality not less in number than fifteen per centum (15%) of the number of persons who voted at the last preceding general election held for the purpose of electing all of the members of the general assembly as shown by the official canvass. At this election no other proposition shall be voted upon. Amended by L.1950, c. 65, p. 118, s. 2, eff. April 25, 1950.

N.J. Stat. § 40:80-2 Clerk to call election; notice

Upon the filing of such petition or request in writing with the municipal clerk, he shall forthwith call an election, to be held on the fourth Tuesday following the date of the filing of the petition with him, but such special election shall not be held within four weeks of the municipal election. The clerk shall cause public notice of the time and place of holding such election to be given by advertisement signed by himself and posted in at least twenty conspicuous places distributed throughout the municipality, and published for at least two issues on different days previous to the time of such election in at least one newspaper which has been so published in such municipality for at least six months last past, and if there be no such newspaper then in a newspaper having a general circulation therein.

N.J. Stat. § 40:80-3 Ballot; number, form and content

The municipal clerk shall provide double the number of ballots as there were voters registered for the last preceding general election in such municipality, to be printed upon plain, substantial white paper, in substantially the following form: "To vote upon the public question printed below, if in favor thereof mark a cross ( x ) or plus (+) in the square at the left of the word YES, and if opposed thereto mark a cross ( x ) or plus (+) in the square at the left of the word NO. "Shall subtitle 5 of the title [ ] YES Municipalities and Counties of the Revised Statutes (s. 40:79-1 et seq.), [ ] NO providing for municipal manager form of government, be adopted in .................... (here insert name of municipality)?"

N.J. Stat. § 40:80-4 Place of holding election

The election shall be held at the usual place or places for holding the general election, if the same is practicable. If not practicable, the municipal clerk shall provide a suitable voting place in each election district in such municipality.

N.J. Stat. § 40:80-5 Election agents; designated by petition

Two agents for each election district may be designated by a petition signed by legal voters of the municipality equal in number to at least three per centum (3%) of the number of persons who voted in the municipality at the last preceding general election, held for the election of all of the members of the General Assembly. The petition shall name the agents designated and their respective districts, and shall be filed with the municipal clerk not later than the Tuesday next preceding the election. The petition shall bear on its face the name of a representative authorized to act for the petitioners in filling vacancies in the designation of any agent or agents named therein which may arise after the filing of said petition. Upon the filing of the petition the municipal clerk shall forthwith issue, under his hand, to each person designated therein a permit for him to act as agent in the election district specified in the petition. The permit shall be evidence of the right of the person named therein to be present in the polling place of the election district for which he has been designated and to challenge the right to vote therein of any person claiming such right and to be present while the ballots cast are being counted and to hear and see such ballots counted. The grounds for challenge and the procedure for disposition thereof shall be the same as prescribed by the laws regulating general elections. No signature shall be counted as valid for more than one petition and should any voter sign two or more petitions his signature shall be void as to the petition or petitioners last filed. A vacancy arising with respect to any agent shall be filled by the representative appointed in the petition designating such agent. Such appointment shall be certified to the municipal clerk, who shall forthwith issue a permit in the manner hereinbefore prescribed for agents designated by petition. Amended by L.1948, c. 6, p. 52, s. 1, eff. April 5, 1948.

N.J. Stat. § 40:80-6 Time polls to be open; election officers; report

The polls shall remain open from seven o'clock in the forenoon until nine o'clock at night, and the election shall be conducted by the same election officers and in the manner prescribed by the laws regulating elections, and such officers shall report to the municipal clerk immediately after completing the count of the ballots a true and correct statement in writing under their hands of the results of such election.

N.J. Stat. § 40:80-7 Clerk to certify result

The municipal clerk, within five days after the election, shall certify the results thereof to each member of the governing body of such municipality, enter the same at large in the minute books of said body and certify the same to the secretary of state. In such certificate he shall specify whether or not a majority of the votes cast are for the adoption of this subtitle, and if they are, he shall further specify whether or not the number of votes cast in favor of the adoption of this subtitle is equal in number to at least thirty per cent of the number of persons who voted in the municipality at the last preceding general election.

N.J. Stat. § 40:80-8 Vote required for adoption

If it appears that both the majority of the votes cast are for the adoption of this subtitle, and that the number of votes cast for the adoption of this subtitle is equal in number to at least thirty per cent of the number of persons voting in such municipality at the last preceding general election, this subtitle, commencing on a date four weeks immediately following such election, shall in all respects, except as herein otherwise provided, become and be operative in such municipality and be binding upon its inhabitants and upon all persons and property to be affected thereby.

N.J. Stat. § 40:80-9 If majority against adoption no petition for two years

If a majority of the votes cast are against the adoption of this subtitle no other petition for its adoption shall be filed in such municipality within two years thereafter, after which date, upon the presentation of another petition or request as hereinbefore provided the same procedure shall be had, and the question of the adoption or rejection of this subtitle again submitted to a vote in the manner herein prescribed and with the same force and effect.

N.J. Stat. § 40:80-10 Corporate existence and name continued

The corporate existence of any municipality, adopting this subtitle shall be continued and its corporate name and seal shall not be changed by such adoption, and all laws, general or special, relating to such municipality shall, except so far as inconsistent with this subtitle, apply to such municipality and it shall exercise the powers and duties thereby conferred and imposed.

N.J. Stat. § 40:80-11 Elective and appointive officers' terms cease; exceptions

Upon the adoption of this subtitle and upon the organization of the municipal council elected hereunder the governing body or bodies and all other executive and legislative bodies shall be ipso facto abolished, and the terms of all councilmen, aldermen, commissioners or trustees and all other elective officers shall immediately cease and determine. The term of all appointive officials and subordinates shall cease and determine at the end of four weeks after the organization of the municipal council, but the municipal council may by resolution terminate the employment of any such persons at any time during said four weeks' period but the term of such officials and subordinates shall continue until their successors are appointed and qualify. Nothing herein contained shall be construed to terminate the term of office of any member of the board of education, trustees of the free public library, policeman, fireman, or other employee of any police or fire department, veteran of any war, or official or employee now protected by any tenure of office law. If the municipality is operating under the provisions of Title 11, Civil Service, at the time of the adoption of this subtitle, nothing in this subtitle contained shall affect the tenure of office of any person holding any position or office coming within the provisions of said Title 11 as it applies to said officers and employees.

N.J. Stat. § 40:80-12 Inconsistent laws inapplicable; law relating to municipal courts unaffected

No law, general or special, or any provision thereof, affecting the government of any municipality governed by this subtitle and contrary to or inconsistent with the provisions hereof, shall apply to such municipality, but the adoption of this subtitle shall not affect the application of chapter eight of Title 2A of the New Jersey Statutes. Amended by L.1953, c. 37, p. 737, s. 250, eff. March 19, 1953.

N.J. Stat. § 40:80-13 Educational system unaffected

The system of public education in any municipality adopting this subtitle shall not be affected thereby.

N.J. Stat. § 40:80-14 Sinking fund commissions unaffected

Nothing in this subtitle shall impair the operation of chapter 3 of this title (s. 40:3-1 et seq.).

N.J. Stat. § 40:80-15 No proceedings to adopt other government within four years

No municipality governed by the municipal manager form of government shall, within four years after the adoption thereof, take proceedings for the adoption of any other law prescribing a form of government.

Source: Open US Law by Vaquill AI (CC BY 4.0)URL: https://www.njleg.state.nj.us/legislative-activity/statutesFetched: 10/17/2026