N.J. Stat. tit. 40, ch. 76

N.J. Stat. tit. 40, ch. 76
in effect

N.J. Stat. § 40:76-1 After six years may resume charter

Any municipality which shall have operated for more than six years under the provisions of the act entitled "An act relating to, regulating and providing for the government of cities, towns, townships, boroughs, villages and municipalities governed by boards of commissioners or improvement commissioners" (title as amended), approved April twenty-fifth, one thousand nine hundred and eleven, or under the provisions of chapters 70 to 76 of this title (s. 40:70-1 et seq.), or both, may at a special election held not later than August fifteenth in any year, abandon such organization thereunder and may resume the form of government under the law under which it was being governed, when said act or said chapters 70 to 76 was or were adopted, subject to any amendments and supplements to said law which may have been made in the interim. The procedure shall be as hereinafter in this chapter provided.

N.J. Stat. § 40:76-2 Petition for submission; proposition stated

A petition in writing, signed by not less than twenty-five per cent of the electors of the municipality, shall be filed by the agent designated in the petition with the municipal clerk, requesting that a special election be called at which the following proposition shall be submitted to the voters of the municipality: "Shall the (name of municipality) abandon its government under chapters 70 to 76 of the title Municipalities and Counties of the Revised Statutes (s. 40:70-1 et seq.), commonly known as the "Walsh Act', and resume the form of government under the law under which it was operating at the time when such commission form of government was adopted, subject to any amendments and supplements to said laws which have been passed in the interim?"

N.J. Stat. § 40:76-3 Petition; form and content

The petition shall be in substantially the following form: "To the clerk of ........................... (insert name of municipality). You are hereby requested to call a special election, which shall not be held later than August the fifteenth in any year for the purpose of submitting the following proposition to the voters of ................................ (insert name of municipality): (here insert proposition as set forth in section 40:76-2 of this title); and for so doing this petition shall be your sufficient warrant. ............................ (insert name) is hereby designated as our agent or one of our agents to file this petition. ............................ (insert name) is hereby designated as our agent or one of our agents to file this petition. ............................ (insert name) is hereby designated as our agent or one of our agents 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 the person who procured the signatures on this sheet, 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. § 40:76-4 Petition need not be on single paper; affidavit annexed

The petition need not be on a single paper, but may be on any number of separate sheets of paper, for the purpose of more conveniently obtaining signatures. Each separate paper shall be in the form provided in section 40:76-3 of this title, and there shall be attached thereto the affidavit of the person who procured the signatures, declaring 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 have signed the same. The affidavit may be sworn to before any officer competent to administer oaths.

N.J. Stat. § 40:76-5 Clerk to examine petition; minor deviations permissible

The municipal clerk shall examine the petition, within ten days of the date of its being filed with him, to ascertain whether or not it conforms to the requirements of this chapter. 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. The petition shall be accepted if it substantially conforms to the form provided herein, the form being for the guidance of the parties and no petition shall be rejected by the clerk for any typographical deviation from the form provided herein or for any minor departure therefrom.

N.J. Stat. § 40:76-6 Defective petitions; clerk to notify agent

If he shall determine that the petition does not conform to the requirements of this chapter, then within ten days from the date of the filing of the petition with him the clerk shall personally serve in writing, upon the person designated in the petition as agent of the petitioners, his objections, setting forth in detail wherein the petition is deficient.

N.J. Stat. § 40:76-7 Determination of validity of clerk's objections

The agent who filed the petition may, however, within ten days after service upon him of the municipal clerk's objections as provided in section 40:76-6 of this Title, apply to a judge of the Superior Court for a determination of the validity of the clerk's objections to the petition. Amended by L.1953, c. 37, p. 735, s. 245, eff. March 19, 1953.

N.J. Stat. § 40:76-8 If petitioners prevail clerk to call election

The judge of the Superior Court shall hear and determine, in a summary manner, the question as to the legality of the clerk's objections, and if he shall determine that the petition as filed with the clerk conforms to the provisions of this chapter, he shall order that the petition be filed in the office of the clerk of the municipality, and the clerk shall forthwith proceed to call a special election as herein provided. Amended by L.1953, c. 37, p. 736, s. 246, eff. March 19, 1953.

N.J. Stat. § 40:76-9 If clerk prevails petition returned to agent

If the judge shall determine that the petition, as filed with the clerk, does not conform to the provisions of this chapter, he shall forthwith make an order, sustaining any or all of the clerk's objections, and shall order and direct that the petition be forthwith returned to the agent who filed it.

N.J. Stat. § 40:76-10 Petition amended; refiling

The agent to whom the petition has been returned, as provided in section 40:76-9 of this title may cause the petition to be amended or supplemented to correct any error or supply any deficiency shown by the order of the court, and may again file it with the municipal clerk, after it has been amended or supplemented, at any time within thirty days after the date of its return to the agent by the clerk.

N.J. Stat. § 40:76-11 Clerk to examine amended petition; procedure same as with original

The municipal clerk shall make a similar examination of the amended or supplemented petition, as is provided for in section 40:76-5 of this Title when the petition was originally filed. If this examination shows that the petition as amended or supplemented, does not conform to the provisions of this chapter, he shall again within ten days from the date of its being filed with him, as amended or supplemented, personally serve his written objections upon the agent as is provided in section 40:76-6 of this Title and the agent may apply to the judge of the Superior Court for review of the clerk's determination, in the same manner as is provided in section 40:76-7 of this Title. The same procedure shall be followed by the court as is provided in sections 40:76-8 and 40:76-9 of this Title. This shall be without prejudice to the filing with the clerk, of further amended or supplemented petitions to which the same procedure shall apply, as is provided for when an original petition is filed with the municipal clerk. Amended by L.1953, c. 37, p. 736, s. 247, eff. March 19, 1953.

N.J. Stat. § 40:76-12 When petition finally accepted clerk to call election; procedure

When it has been determined, by either the municipal clerk or a judge of the Superior Court, that the petition conforms to the provisions of this chapter, the clerk shall forthwith call a special election, to be held not later than August fifteenth, in any year, for the submission of the question of the abandonment of the commission form of government, to the legal voters of the municipality by proceeding in the manner hereinafter in this chapter provided. Amended by L.1953, c. 37, p. 736, s. 248, eff. March 19, 1953.

N.J. Stat. § 40:76-13 Clerk to fix date for election; how fixed

The clerk shall fix a day for holding the special election, which shall be a Tuesday not more than thirty nor less than twenty days after the date of the certificate of notice provided for in section 40:76-15 of this title.

N.J. Stat. § 40:76-14 Election not to be held in year of regular election

No special election for the submission of the proposition of the abandonment of the commission form of government to the voters of any municipality, shall be held in any municipality during the year in which commissioners are to be regularly elected therein.

N.J. Stat. § 40:76-15 Notice of election; form and content

The municipal clerk shall forthwith prepare a certificate of notice in the following form: "This is to certify that a petition has been filed with the clerk of (insert name of municipality) requesting that a special election be called for the purpose of submitting the following question to the legal voters of (insert name of municipality). " "Shall the (name of municipality) abandon its government under chapters 70 to 76 of the title Municipalities and Counties of the Revised Statutes (s. 40:70-1 et seq.), commonly known as the "Walsh Act" , and resume the form of government under the law under which it was operating at the time when such commission form of government was adopted, subject to any amendments and supplements to said laws which have been passed in the interim?' "An election to decide this question will be held on Tuesday the day of , 19 "Dated this day of , 19 " " Municipal Clerk.

N.J. Stat. § 40:76-16 Copy of notice filed with board of commissioners

A copy of the certificate of notice shall be filed with the board of commissioners of the municipality at its first meeting following the date of such certificate.

N.J. Stat. § 40:76-17 Copies of notice posted and published

Copies of the certificate of notice shall be posted at least ten days prior to the election in at least twenty different conspicuous public places in the municipality, and published once a week for three successive weeks immediately preceding the election in at least one newspaper which has been published and circulated, for at least one year past, in such municipality. If there be no such newspaper the certificate of notice shall be published once a week for three successive weeks immediately preceding the election in at least one newspaper published, for at least one year past, in a municipality located in the same county in which the municipality holding the election is located and having a general circulation in such last-mentioned municipality.

N.J. Stat. § 40:76-18 Arrangements for election; expenses

The municipal clerk and the board of commissioners shall make or cause to be made all arrangements for holding the special election, and shall provide all necessary funds therefor, and the board of commissioners are hereby required and empowered to raise the funds necessary for this purpose.

N.J. Stat. § 40:76-19 Time and place of election; conduct of election

The special election shall be held at the usual place or places of holding the annual election in the municipality if the same be practicable, but if not practicable the clerk shall provide a suitable voting place in each election district in the municipality. The polls shall remain open during the hours from seven o'clock in the forenoon until nine o'clock at night, and the election shall be conducted, by the election officers then holding office for the purpose of conducting elections in such municipality, in the manner prescribed by the laws relating to elections.

N.J. Stat. § 40:76-20 Addition of names to registry books; county board to sit

The county board of election shall sit in some public place in the municipality where the special election is to be held, on at least one day in the week prior to the day of the special election. It may, by order, grant transfers and place upon the registry books the names of those persons whose names were not on the registry books of the last preceding general election, but who would be entitled to be registered if the special election were in fact a general election.

N.J. Stat. § 40:76-21 Ballot; number, form and content

The municipal clerk shall provide ballots for each voter at such special election, to be printed on plain, substantial, white paper. The number of ballots to be provided by the clerk for each voting district in the municipality shall be at least fifteen per cent more than the total number of persons that voted in such district at the last preceding general election. The ballot shall be 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 the ........................(name of municipality) abandon its government under [ ] YES chapters 70 to 76 of the title Municipalities and Counties of the Revised Statutes (s. 40:70-1 et seq.), commonly known as the "Walsh Act", and resume the form of government under [ ] NO the law under which it was operating at the time when such commission form of government was adopted, subject to any amendments and supplements to such laws which have been passed in the interim?' "

N.J. Stat. § 40:76-22 Results canvassed and certified; contents of certificate

The election 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 the election and the clerk shall certify the results of the election to the board of commissioners at its first meeting thereafter, and the same shall be entered at large in the minutes of the board. The clerk shall also certify the results to the secretary of state. In such certificates the clerk shall specify whether or not a majority of the votes are in favor of the proposition, and if they are, he shall further specify whether or not the number of votes cast in favor of the proposition 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. § 40:76-23 Vote required for adoption; effect of adoption; exceptions

If the certificate of the municipal clerk shows that both the majority of the votes cast are in favor of the proposition and that the number of the votes cast in favor thereof is equal in number to at least thirty per cent of the number of persons voting in the municipality at the last preceding general election, then the officers provided for under the law adopted for the government of such municipality at the special election shall be nominated and elected at the next succeeding primary and general elections in accordance with the provisions of the laws relating to elections in so far as such provisions are consistent with the provisions of the law adopted for the government of such municipality at the special election. The municipal clerk shall take such steps and make such arrangements, as would be required of him were he in fact the clerk of a municipality being governed under the law adopted at the special election, as are required by law to provide for the nomination and election of the officers provided for under the law adopted for the government of such municipality at the special election. The board of commissioners are hereby required and empowered to raise any funds necessary for this purpose, and upon the election, qualification and organization of the officers provided for under the law adopted for the government of such municipality at the special election, the commission form of government shall be ipso facto abolished in such municipality and such municipality shall cease to be governed by the provisions of chapters 70 to 76 of this title (s. 40:70-1 et seq.), and the terms of all the members of the board of commissioners and all other officers, with the exception of the members of the board of education and the trustees of the public library, in such municipality, whether elective or appointive, shall immediately cease and determine, and such municipality shall become a municipality under the law which was adopted for its government at the special election. Such change shall not affect the property, right, or liability of any nature of the municipality, but shall merely extend to such change in the form of government. Nothing herein contained shall be construed to affect the term of office of any policeman, fireman or other employee of any police or fire department, veteran of any war, or other official or employee now protected by a tenure of office act. When the municipality is operating under the provisions of subtitle 3 of the title Civil Service (s. 11:19-1 et seq.), at the time of the abolition of the commission form of government therein, nothing herein contained relative to the termination of his term or to his dismissal or discharge shall apply to a person holding a position or office coming within the classified service of the civil service law.

N.J. Stat. § 40:76-24 Application and operation of certain laws not affected

Nothing in this chapter shall be construed to affect the application of chapter eight of Title 2A of the New Jersey Statutes, nor shall anything herein be construed to impair the operation of chapter three of this Title. Amended by L.1953, c. 37, p. 737, s. 249, eff. March 19, 1953.

N.J. Stat. § 40:76-25 Educational system unaffected

The system of public education in any municipality which may take advantage of this chapter shall not be affected thereby.

N.J. Stat. § 40:76-26 Proposition not adopted, resubmission to voters.

40:76-26. If a majority of the votes cast at the special election are against the proposition submitted, no other petition for the submission, to the voters of such municipality, of the same proposition, as provided for in this chapter shall be filed with the clerk within two years thereafter, except that an ordinance proposed by petition to increase or decrease either the term of office of the members of the governing body or the number of members of the governing body, or regarding the division of the municipality into a number of wards, shall not be submitted to the voters of the municipality more than once in any 10-year period, after which date, upon the presentation of another petition or request as provided for herein, the same procedure shall be had, and the same proposition shall be again submitted to a vote in the manner herein prescribed and with the same force and effect. amended 2009, c.339, s.2.

N.J. Stat. § 40:76-27 Certain acts prohibited; penalties

Any person not an elector who shall willfully and knowingly sign any petition provided for in this chapter, and any person who shall willfully and knowingly advise, aid or abet any person not an elector to sign any petition provided for in this chapter shall be guilty of a misdemeanor. Any person who shall violate any of the provisions of this chapter shall be guilty of a misdemeanor.
Source: Open US Law by Vaquill AI (CC BY 4.0)URL: https://www.njleg.state.nj.us/legislative-activity/statutesFetched: 10/17/2026

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