N.J. Stat. tit. 40, ch. 75

in effect

N.J. Stat. § 40:75-1 Members of first commission; election and terms

The members of the first commission shall be elected, at an election to be held on the fifth Tuesday following the adoption of chapters 70 to 76 of this title (R.S. 40:70-1 et seq.), by the duly authorized voters of the municipality and shall serve as commissioners from twelve o'clock noon on the first Tuesday following their election until twelve o'clock noon on the third Tuesday in May in the fourth year following such election and until their successors are elected and shall have duly qualified. The election shall be conducted pursuant to the "Uniform Nonpartisan Elections Law," P.L. 1981, c. 379 (C. 40:45-5 et seq.). Amended by L.1981, c. 379, s. 18, eff. Jan. 1, 1982; L.1983, c. 183, s. 1.

N.J. Stat. § 40:75-2 Subsequent commissioner; election and terms.

40:75-2. On the second Tuesday in May in every fourth year thereafter there shall be elected at a regular municipal election held pursuant to the "Uniform Nonpartisan Elections Law," P.L.1981, c.379 (C.40:45-5 et seq.), the number of persons as hereinbefore provided as commissioners to serve for the term of 4 years and until their successors shall have been elected and duly qualified. The term of office of all succeeding commissioners shall commence at twelve o'clock noon on the third Tuesday of May next ensuing their election. If the election is held on the day of the general election in November pursuant to subsection a. of section 1 of P.L.2009, c.196 (C.40:45-7.1), the term of office of commissioners elected shall commence at twelve o'clock noon on January 1 next following their election. Amended 1981, c.379, s.19; 1983, c.183, s.2; 2009, c.196, s.11.

N.J. Stat. § 40:75-2.1 Change of form of government--Continuation of commissioners and others in office

Whenever in any municipality governed under "The Commission Form of Government Law" the qualified voters of the municipality have, or shall have, adopted another form of government, pursuant to the provisions of chapter 210 of the laws of 1950, which other form of government will not become effective until July 1 following the date fixed by law for the next election for commissioners in such municipality, no such election for commissioners shall be held in such municipality, but the commissioners in office at the time fixed for the holding of such election shall continue in office, and all subordinate boards, departments, bodies, offices, positions and employments shall likewise continue in effect and the incumbents thereof shall continue to hold the same, until 12:00 o'clock noon on said July 1, with the same effect and subject to the same restrictions as though the terms of office of said commissioners had extended to and terminated at said time on said July 1. L.1955, c. 12, p. 54, s. 1, eff. May 10, 1955.

N.J. Stat. § 40:75-25 Definitions

As used in this article: "Commissioner" means any person, including the mayor, occupying the office of commissioner in a municipality having the commission form of government hereunder. "Recall petition" means the petition to be filed with the municipal clerk, as provided in this article, for the recall of a commissioner. "Incumbent" means the commissioner sought to be removed by the recall petition. "Nominee" means the person nominated by the petition of nomination. "Petition of nomination" means the petition of nomination provided for in this article to place the name of a successor to the incumbent upon the ballot. "Incumbent's petition" means the petition provided for in this article to place the question of the recall of the incumbent upon the ballot.

N.J. Stat. § 40:75-26 Construction of article

The provisions of this article shall be liberally construed, and are not to be taken in derogation of the rights of any person holding the office of commissioner.

N.J. Stat. § 40:75-27 Recall procedure

Any commissioner may be removed by means of a recall after he has been in office one year. The procedure to effect the recall of an incumbent of the office of commissioner shall be as follows: A recall petition signed by at least twenty-five per centum (25%) of the registered voters of the municipality, shall be filed by the agent or agents designated in the petition with the municipal clerk, demanding the recall of the commissioner sought to be removed. The petition shall be as follows: "RECALL PETITION. To the clerk of the ........ (insert name of municipality). You are hereby requested to call a recall election for the recall of ..................... (insert name of incumbent to be recalled), a commissioner of .............................. (insert name of municipality), for the following reasons ........................................... (insert reasons), and for so doing this recall petition shall be your sufficient warrant. ................. (insert name) is hereby designated as our agent to file this petition. Signed: Name Street Address ................................. ................................. ................................. ................................. State of New Jersey ) ) ss. County of ........................ ) ........................... , being duly sworn according to law, says: That he is one of the signers of the above petition, and that he knows that the signatures thereon are in the handwriting of the signers, and to the best of his knowledge and belief are the signatures of the persons purporting to sign the same. Subscribed and sworn to before me this ....... day of ................. , 19 ..... ." Amended by L.1950, c. 65, p. 117, s. 1, eff. April 25, 1950; L.1984, c. 129, s. 1, eff. Aug. 20, 1984.

N.J. Stat. § 40:75-28 Clerk to examine petition; amendment and refiling

The clerk shall examine the recall petition to ascertain whether or not it conforms to the requirements of this article. He shall complete this examination within ten days from the receipt thereof. In examining the signatures of the electors he may, if in doubt as to the genuineness of any of them, compare them with the signatures contained in the registry books used at the last preceding general election. If the clerk shall determine that the petition does not conform to the requirements of this article he shall return it to the agent who filed it, for the purpose of correction, which correction may be made and the petition again filed within ten days of its return by the clerk.

N.J. Stat. § 40:75-29 Clerk to call election; notice of election

If the clerk shall determine that the petition conforms to the requirements of this article he shall proceed to call an election for the recall of the incumbent, as follows: He shall immediately prepare a certificate of notice in the following form: "This is to certify, That a petition has been filed with the clerk of (name of municipality), for the recall of (insert name of incumbent), a commissioner of (insert name of municipality), for the following reasons: (insert reasons contained in recall petition). "An election to determine if the commissioner shall be recalled, and if so, to elect his successor, will be held on the day of , 19 . Dated: day of , 19 . " Municipal Clerk.

N.J. Stat. § 40:75-30 Notice of election served on commissioners; publication

A copy of the above certificate shall be served on the commissioner to be recalled and also upon the other commissioners of such municipality if the aforesaid commissioners can be found. Copies of this certificate shall also be published at least once every week in at least one newspaper circulating in the municipality, and daily, if there be a daily newspaper, on the three days preceding the day of election. After the petition of nomination as hereinafter provided shall have been filed with the clerk, he shall add to the publication certificate a third paragraph as follows: "The following persons have filed petitions of nomination to succeed ........................ (insert name of incumbent) if he shall be recalled, and are to be voted on as successors to the said commissioner. ................................. ................................. ................................. ................................. ................................. ................................. ................................. ................................. (Insert names of persons filing petitions of nomination.) Signed, Municipal Clerk.

N.J. Stat. § 40:75-31 Time for holding recall election; arrangements; expenses

The clerk shall fix a day for holding the recall election which, if convenient, shall be a Tuesday falling between the thirtieth and fortieth days after the date of the certificate of notice provided for in section 40:75-29 of this title. The municipal clerk and the board of commissioners shall make or cause to be made all arrangements for holding the recall election and shall provide all necessary funds therefor, and the commissioners may raise funds necessary for this purpose in any convenient manner.

N.J. Stat. § 40:75-32 Petition nominating successor; form and content; filing

Nominations for successors to the commissioner proposed to be recalled shall be by petition for nomination signed by at least fifteen per cent of the legal voters of the municipality and filed with the clerk at least fifteen days before the recall election, and shall be in the following form: "To the clerk of .......................... (insert name of municipality): You are hereby requested to place upon the ballot at the recall election to be held on the ........ day of ............... , 19 ..... , as provided in your certificate of notice dated ........ day of ........................ , 19 ..... , as successor to the commissioner proposed to be recalled the name of ............................ (insert name of person to be nominated), of ........................................................... (insert address), and for so doing this petition shall be your sufficient warrant. Signed, Name. Street Address. ................................... ...................................... .................................... ...................................... .................................... ...................................... I accept the nomination. ...................................... (Name of Nominee.) Dated: .................................. State of New Jersey, ) County of ............. ss. ............................. , being duly sworn according to law, says: That he is one of the signers of the above petition and that he knows that the signatures thereon are in the handwriting of the signers, and to the best of his knowledge and belief are the signatures of the persons purporting to sign the same. Subscribed and sworn to ) before me this ............... ) .................................." day of .......... , A. D. 19 ...... )

N.J. Stat. § 40:75-33 Clerk to examine petition; if defective clerk to return petition

If the clerk shall believe the petition for nomination to be defective in any particular, he shall return the same to the person accepting the nomination for correction and the petition for nomination may be corrected and returned within three days after its return by the municipal clerk. In returning the petition the clerk shall give in writing his reasons therefor.

N.J. Stat. § 40:75-34 Procedure where incumbent resigns; where incumbent contests recall; incumbent's petition

If the incumbent shall resign within three days after the certificate of notice shall have been served upon him, these proceedings shall be modified accordingly, and the election of his successor shall proceed as herein provided. If the incumbent shall desire to contest his recall, he shall file with the clerk, at least fifteen days before the recall election, an incumbent's petition signed by at least fifteen per cent of the legal voters of the municipality in the following form: "To the clerk of .......................... (insert name of municipality): You are hereby requested to place on the ballot at the recall election to be held on the ........ day of .................. , 19 ..... , as provided in your certificate of notice dated the ........ day of ................... , 19 ..... , the question of the recall of .......................... (name of incumbent), as follows: If you are in favor of the recall of ........................ (name of incumbent), mark a cross (X) or plus (+) in the square opposite the word YES. If you are not in favor of his recall, mark a cross (X) or plus (+) in the square opposite the word NO. ] YES "Shall ..................... (name of incumbent) [ ] NO be removed from the office of commissioner by recall?' And for so doing this petition shall be your sufficient warrant. Name. Street Address. .................................... ...................................... .................................... ...................................... .................................... ...................................... I join in the above petition. ...................................... (Insert name of incumbent.) Dated: ............................ State of New Jersey, ) ss. County of ............. ) .............................. , being duly sworn according to law, says: That he is one of the signers of the above petition, and that he knows that the signatures thereon are in the handwriting of the signers, and to the best of his knowledge and belief are the signatures of the persons purporting to sign the same. Subscribed and sworn to ) before me this ........... ) ................................" day of .............. , 19 ........ )

N.J. Stat. § 40:75-35 Clerk to examine incumbent's petition; amendment and refiling

If the clerk shall believe the incumbent's petition to be defective in any particular, he shall return it to the incumbent with his reasons therefor, and the petition may be corrected and returned within three days after its return by the clerk.

N.J. Stat. § 40:75-36 Failure to file incumbent's petition deemed resignation

If the incumbent shall fail to file an incumbent's petition within the time limited herein, he shall be deemed to have resigned, his office shall forthwith become vacant, and his term of office as commissioner shall immediately cease and determine; and the recall election shall proceed for the purpose of electing his successor as provided in this article.

N.J. Stat. § 40:75-37 Several recall petitions may be consolidated

If more than one recall petition shall be filed with the clerk at or about the same time, so that more than one election would be required under the provisions of this article, the elections shall be consolidated, but the recall of each commissioner shall be a separate transaction, and the ballot shall be arranged by repeating the form provided for in section 40:75-38 of this title, except the number, in parallel columns for each commissioner sought to be recalled.

N.J. Stat. § 40:75-38 Ballot; form and content

The ballot to be used in the recall election shall be in substantially the following form: "Number ........ official ballot for recall election. ............................Ward. ........................ Precinct. If you are in favor of the recall of ...................... (name of incumbent), mark a cross (X) or plus (+) in the square opposite the word YES. If you are not in favor of his recall, mark a cross (X) or plus (+) in the square opposite the word NO. ] YES "Shall ....................... (name of incumbent) [ ] NO be removed from the office of commissioner by recall?' (To be inserted if the incumbent filed an incumbent's petition.) Nominees for successors of ........................................ (Name of incumbent) Vote for one only. Mark a cross (X) or plus (+) in the square opposite the name of the candidate for whom you desire to vote: ] RICHARD ROE [ ] WILLIAM GREEN (To be inserted if one or more petitions for nominations are filed.) Official ballot attest: ............................ Municipal Clerk."

N.J. Stat. § 40:75-39 Adding names to registry list; no primary election

40:75-39. A judge of the Superior Court shall sit in a public place in the municipality where the recall election is to be held on at least one day in the week prior to the day of the election. He may by order grant transfers and place upon the registry books the names of legal voters whose names were not upon the registry books of the last general election, but who would be entitled to be registered if the recall election was in fact a general election. There shall be no other registration day nor shall there be any primary election for the nomination of candidates, before the recall election. Amended 1953,c.37,s.242; 1991,c.91,s.390.

N.J. Stat. § 40:75-40 Conduct of election; duties of clerk and election officers

The clerk shall provide the boards of election with the necessary registry and other books, ballots and tally sheets necessary to carry out the recall election, and the boards of election shall perform their duties, as near as may be, in the same manner as if they were conducting a general election.

N.J. Stat. § 40:75-41 Conduct of election; laws applicable

The recall election shall be conducted and returned in the same manner as general elections and, except as otherwise provided in this article, the laws relating to general elections.

N.J. Stat. § 40:75-42 Result of election determined; vote required

If a majority of the electors voting at the recall election shall vote to recall the incumbent as evidenced by marking a cross ( x ) or plus (+) in the square upon the ballot opposite the word YES, the office of the incumbent shall forthwith become vacant, and his term of office as commissioner shall immediately cease and determine. If a majority of the electors voting at the recall election shall vote not to recall the incumbent, as evidenced by marking a cross ( x ) or plus (+) in the square upon the ballot opposite the word NO then the incumbent shall be entitled to the remainder of his term as commissioner, and shall not be subject to another recall within one calendar year from the date of the previous recall election.

N.J. Stat. § 40:75-43 Successor to incumbent; eligibility, election, powers and duties

If the office of the incumbent shall become vacant either by his resignation, failure to file an incumbent's petition, or by the result of the recall election, his successor shall be the nominee receiving the highest number of votes at the recall election. The person so elected shall hold the office vacated by the incumbent for the remainder of the incumbent's term of office and shall succeed to all the rights and duties of the office of commissioner in the municipality. Any person having the qualifications required by section 40:72-1 of this title shall be eligible as a nominee to succeed an incumbent.

N.J. Stat. § 40:75-44 Clerk to present objections to Superior Court judge

Whenever the municipal clerk shall believe any petition for recall, petition for nomination, incumbent's petition, or other petition, to be defective, he shall, before returning the petition as provided herein, present his objections in writing to the Superior Court assignment judge of the county in which the municipality is located. The judge shall proceed summarily to examine the clerk's objections, and shall forthwith make an order sustaining or overruling any or all of the objections. Such order shall be final and binding on all parties concerned. Amended by L.1953, c. 37, p. 735, s. 243, eff. March 19, 1953.

N.J. Stat. § 40:75-45 Superior Court assignment judge to sit on election day; action to insure fair election

In order to more fully carry out the spirit of this article and to prevent the failure of the recall election by reason of any conflict of laws, inadequacy of law, dispute, misunderstandings, or other cause, the Superior Court assignment judge of the county in which the municipality is located shall have power upon an application by the agent, municipal clerk, incumbent or nominee, to make any order or regulation which in his judgment is necessary or convenient to enable a fair and impartial recall election to be held and such order or regulation shall be final. Such applications shall be heard in a summary manner and without notice. On the day of the recall election the said assignment judge shall attend in some public place in the municipality, and then and there make any such additional order as may be necessary to carry out the recall election. Amended by L.1953, c. 37, p. 735, s. 244, eff. March 19, 1953.

N.J. Stat. § 40:75-46 Election not to be restrained or delayed; effect of writs

In order to prevent an incumbent or any other person acting either directly or indirectly in his behalf, from delaying or obstructing the recall election and thereby preventing the incumbent's removal, no writ or order issued out of any court shall be allowed whereby the recall election is prevented, restrained, or delayed, but the recall election shall proceed, notwithstanding any proceedings which may be instituted in any court whereby the legality of any of the petitions, acts, or elections permitted or authorized herein are to be reviewed. Such proceedings for review are not hereby restrained, but may proceed to final judgment, and if as a result thereof it is determined that the incumbent has not been legally removed, then he shall be restored to his office and his salary for the term he has been removed shall be paid. All acts of the boards of commissioners done while such incumbent was removed from his office shall be as lawful as if he had been present and participated therein.

N.J. Stat. § 40:75-47 Petitions need not be on single paper; minor defects immaterial

No petition required by this article need be upon a single paper, but any such petition may be upon any number of separate papers, for the purpose of more conveniently obtaining signatures. The form of each separate paper shall be in the form provided herein, and there shall be attached thereto an affidavit of one of the signers of each paper, declaring that the signatures thereon are in the handwriting of the signers, and are to the best of his knowledge and belief the signatures of the persons purporting to sign the same. No petition shall be rejected by the municipal clerk for any typographical deviation of the form provided herein or for any minor departure therefrom, but such petition shall be accepted if it substantially conforms to the forms provided herein, the forms being for the guidance of the parties.

N.J. Stat. § 40:75-48 Reorganization of board after recall

After the incumbent has been recalled and the nominee has succeeded him in the office of commissioner, the board may reorganize and reassign the various departments as provided in article 2 of chapter 72 of this title (s. 40:72-2 et seq.). It may also remove from office any person appointed by the commissioner who has been removed, if such appointment was made within six months from the time of the filing of the recall petition.

N.J. Stat. § 40:75-49 Certain acts prohibited; penalties.

40:75-49. Any person not an elector who shall willfully and knowingly sign any petition provided for in this article and any person advising, aiding or abetting any such person not an elector to sign any petition provided for in this article shall be guilty of a disorderly persons offense. Any person who shall violate any of the provisions of this article shall be guilty of a crime of the fourth degree. Amended 2005, c.154, s.60.

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