An act to regulate elections

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State of New Jersey

AN ACT

TO REGULATE

KIvKCTIONS

(Revision of 1898)

APPROVED APRIL 4th, 1898

With the Amendments Thereof, and Other Acts Concerning Elections,

AND THE

CONSTITUTIONAL PROVISION CONCERNING THE RIGHT OF SUFFRAGE

Compiled and Printed under the Direction of the Secretary of State

TRENTON. N. J.

I

State of New Jersey.

AN ACT

TO REGULATE

KIvKCTIONS

(Revision of 1898)

APPROVED APRIL 4t.h, 1898

With the Amendments Thereof, and Other Acts Concerning Elections,

AND THE

CONSTITUTIONAL PROVISION CONCERNING THE

RIGHT OF SUFFRAGE

Compiled and Printed under the Direction of the Secretary of State

OF n.

^ An Act to Regulate Elections.

Revision of 1898 .

Approved Aprie 4Th, 1898.

Be it enacted by the Senate and General Assembly of the State of Nezv Jersey:

Times and Places of Elections.

1. On the Tuesday next after the first Monday in No¬ vember in each year, an election shall be held in each county, to elect for such county such a number of per¬ sons to be members of the general assembly as such county shall be entitled to elect; which election shall be known as the general election.

2. All municipal, local or charter elections shall con¬ tinue to be held on the days heretofore fixed or estab¬ lished by, or pursuant to, any law of this state applicable thereto. (See sections 238 and 294.)

3. On the Tuesday next after the first Monday in November, in the year of our Lord one thousand nine hundred, and in each fourth year thereafter, an election shall be held to elect such a number of persons to be electors of president and vice-president of the United States as this state shall be entitled to elect or appoint; each of whom shall be a male citizen of the United States, of the age of twenty-five years or upwards, and an inhabitant of this state, and shall have been a citizen of the United States seven years next preceding such election.

Date of general election.

Assemblymen

elected.

Dates of local elections.

Election of presidential electors.

Their

qualifications.

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Time of opening and closing polls.

Notice by secretary of state of election of certain officers.

Notice by county clerk.

Election of sheriff and other county officers.

Notice by county clerk.

Notice of election by township or municipal clerk.

4. In all elections the polls shall open at six o’clock in the morning and close at seven o’clock in the evening, and shall be kept open during the whole day of election, between the hours aforesaid; provided, the board of election may adjourn such election from one o’clock until two o’clock in the afternoon, or for such shorter time, between those hours, as they shall see fit.

5. The secretary of state shall, between the first day of August and the first day of September, in every year wherein electors of president and vice-president of the United States, members of the house of representatives, a governor or senator for any county, or any of them, are to be elected, direct and cause to be delivered to the clerk of the county, wherein any such election is to be held, a notice stating that such officer or officers are to be elected at the ensuing election; and the clerk of such county shall, within fifteen days after the receipt of the said notice, cause a copy of the same, certified under his hand to be true and correct, to be delivered to the clerk of each township, city or other municipality in said county.

6. The sheriffs and coroners shall be elected by the people of their respective counties at the general elec¬ tion once in every three years; and the clerks, regis¬ ters of deeds and surrogates of counties shall be elected by the people of their respective counties, at the gen¬ eral election, once in every five years ; and it shall be the duty of the clerk of every county, between the first day of August and the first day of September, immedi¬ ately preceding the expiration of the term of office of any such officer, to direct and cause to be delivered to the clerk of each township, city or other municipality in said county, a notice that such officer or officers, as the case may be, will be chosen at the ensuing election.

7. The clerk of every township, city or other munici¬ pality shall, at least eight days prior tO' and within thirty days next preceding the day of election, put up, or cause

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to be put up, an advertisement in at least five of the most public places within such township, city or municipality, which advertisement shall make known the time, place and purpose of holding such election, and the office or offices to be filled thereat, and shall be signed by such clerk.

8 . The clerk of every township, city or other munici¬ pality shall, prior to the date of the first meeting of the board of registry and election, procure for each election district in his township, city or municipality, a suitable room in which said board shall meet to make and revise the register of voters, and also to hold the election; and said clerk shall immediately notify said board of the location of such room; and if any such clerk shall omit to procure such room, then the meetings of such board and such election shall be held at such place as a majority of such board shall designate; if, in the judgment of said clerk, it shall be inadvisable to hold the election in the place designated for holding the meeting of the board of registry, then it shall be lawful for such clerk to des¬ ignate another place for holding such election, or to cause a building to be constructed in the street outside the curb line immediately in front of, or as near as pos¬ sible to, the place of meeting of such registry board, in which to hold such election; provided, no election shall be held in any building in which is located or maintained any inn or tavern or saloon where intoxicating liquors are licensed to be sold.

Election Districts.

9. When at any election more than six hundred votes shall be or shall have been cast in any election district, such district shall forthwith be divided by the township committee or mayor and common council or other gov¬ erning body of the municipality containing the same into two or more election districts, or in lieu thereof,

Suitable room in which to hold election. [Amended,

Street booth.

Proviso.

Election districts divided or re-adjusted, when and how.

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Ejection

districts

changed or

consolidated,

when.

[Amended,

Description of boundaries filed.

district”

defined.

the boundary lines of any existing election district or districts may be changed, or such districts re-adjusted; provided, however, that each of such districts, after such division, change or re-adjustment, shall not contain more than six hundred nor less than one hundred and fifty voters.

10. The said township committee, mayor and common council or otiier governing body, shall have power, from time to time, to divide an election district, to change or re-adjust the boundary lines of any election district or districts, or consolidate two or more districts, whenever, by reason of change of population or alteration of mu¬ nicipal lines or otherwise, such action shall be deemed advisable; provided, that in every division, change or re-adjustment the geographical compactness of each district and the convenience of the voters shall be first considered.

11. The township committee, mayor and common council or other governing body shall forthwith cause a description of the boundaries of such new election dis¬ trict or districts, and of the election district or districts affected by such division, change or re-adjustment, to be filed in the county clerk’s office, and a duplicate thereof in the office of the clerk of the township, city or other municipality.

12. For the purpose of this act the term “election district” denotes the territory within which there is a single polling place for all the voters therein.

County Boards of Election.

County boards of election; how composed. [Amended,

13. There shall be in every county a county board of elections, to consist of four persons, to be commis¬ sioned by the governor in the month of July in each year, and who shall be legal voters within the counties for which they are respectively appointed; the chair-

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man of the state committee of each of the two political parties which at the last preceding general election cast the largest and next largest number of votes in the state for members of the general assembly may, in the month of June, in writing, nominate two citi¬ zens from each county, qualified as aforesaid, for mem¬ bers of the county board of elections in and for such county; and if such nominations be made in said month of June, the governor shall commission such appointees; provided, that two of such members shall be appointed for the term of one year from the first day of August next, and the remaining members shall be appointed for the term of two years from the first day of August next; and thereafter one member of such board shall be appointed annually by each of said chairmen, in the same manner, in the month of July, and shall continue in office for two years from the first day of August next after their appointment; in case of the death or disability of any member of said boards, the governor shall be forthwith notified thereof by the chairman or secretary of said board; the gov¬ ernor shall cause notice of such death or disability to be given to the chairman of the state committee who appointed such member; and such chairman shall, within six days thereafter, appoint a successor, who shall thereupon be commissioned by the governor; all appointments to fill any vacancies occurring in said boards shall be for the unexpired term only; if, in any case, either of said chairmen shall fail to send a list of appointments to the governor within the time afore¬ said, the\governor shall make such appointments of his own selection from the citizens of the county in which such vacancy shall occur; said county boards of elec¬ tion shall be provided by the board of freeholders of the respective counties with a suitable office and fur¬ niture. in the court house of the county for Avhich they are respectively appointed, or in a building as near as

Fjoviso.

Annual ap¬ pointment.

Vacancies.

If chairmen fail to ap¬ point, then governor.

Suitable

quarters

provided.

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Organization of county boards of election. [Amended, P. L. 1905.

P. 503-]

Boards of registry and election; their ap¬ pointment. [Amended, P. L., 190S, possible adjacent thereto; the terms of all members of the county boards of elections, as now constituted, shall cease and determine on the first day of August next.

14. Said county boards of election shall, at ten o’clock in the forenoon, on the first Tuesday in August, or on such other day as they may agree on within the first ten days. of August, in each year, meet at the court house, or other place provided as aforesaid, in their respective counties and organize by electing one of their number to be chairman and one to be secretary; but the chairman and secretary shall not be the ap¬ pointees of the same chairman; in case of a failure to elect such chairman for three ballots or viva voce votes, then the oldest (in years) of such board shall be the chairman thereof; and on failure to elect such secretary for three ballots or viva voce votes, the member of the board next oldest (in years) to the .chairman of such board; the chairman and secretary shall not be the appointees of the same chairman.

District Boards of Registry and Election.

15. The county board of election in each county shall cause to be made a complete registry of all the legal voters in their respective counties, and for that purpose shall appoint for each election district in the county four persons, legal voters and residents of such districts, to be the board of registry and election for such district; not more than two of such appointees in each election district shall be nominated by one chairman; the said boards of registry and election shall be appointed on or before the twenty-fifth day of August in each year, upon nominations made in writing by the chairman of the county committee of each of the two political parties which at the last preceding general election cast the largest and next largest number of votes in said county

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for members of the.general assembly; said nominations shall be made after the tenth and not later than the fif¬ teenth day of August in each year; and in event that either chairman shall neglect to file such nominations in the manner and within the time herein prescribevl, the county board of election shall immediately cause notice to be given to said chairman, and he may supply the deficiency in the list of nominations on or before August twenty-second next following; and the county board of elections shall appoint said nominees; provided, how¬ ever, that all nominees shall answer in writing, over their own signatures, and to the satisfaction of the county board of elections, all reasonable questions which may be submitted to them or prepared for that purpose by the county board of elections, which refer to the efficiency, eligibility and character of the nominees, and bear upon their fitness to serve as members of the board of registry and election; and on failure so to do, said board may by a majority vote reject such nominee, and thereupon shall immediately notify such chairman to nominate an¬ other member of such board; if the chairman of either of the said county committees shall fail to present, in the manner and within the time herein specified, a list of nominees for appointment as members of the district boards of registry and election, the county board of elec¬ tions shall supply any deficiency in the list of nominees from the citizens of the county; provided, also, that the county board of elections may remove from office any member of any board of registry and election for neg¬ lecting or refusing to properly discharge the duties of his office at the time required by law, for intoxication, for incapacity, or for deceit or falsehood exercised in securing his own appointment; and all police officers, constables, sheriffs and peace officers are hereby re¬ quired to remove summarily, by force if necessary, any member of the board of registry and election in said county whose removal has been ordered in writing by the

Proviso.

If nominee ineligible.

Proviso'.

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Official oath of members of county and district boards.

Term of board of registry and election.

Proviso.

county board of elections, attested by the signatures of the chairman and secretary of such board; the vacancy so made shall be filled immediately by the county board of elections, but for the unexpired term only.

16. The members of said county boards of election and also the members of said district boards of registry and election shall, before entering upon the performance of their duties, severally take and subscribe an oath or affirmation, in writing, before a duly qualified officer, faithfully and- impartially to discharge all their duties as such officers, to the best of their skill and ability; which oaths or affirmations shall be forthwith forwarded to the county clerk, and by him filed in his office, and after qualification as aforesaid, any member of either of said boards may, at any meeting thereof, administer any oath or affirmation required or permitted to be taken by this act.

17. The terms of office of the members of the dis¬ trict boards of registry and election shall begin on Sep¬ tember first of each year and expire on August thirtyfirst of the following year, or when their successors are appointed and qualified; all vacancies in the district boards of registry and election, except those caused by the removal of a member from office, shall be filled by the county boards of elections in the same manner as hereinbefore provided for in the original appoint¬ ment of such members, but for the unexpired term only; provided, however, that in case of a vacancy occurring in said board on the day of election, by reason of the absence or disability of a member, except in case of removal by order of the county board of elections, such vacancy shall be immediately filled by the member of the district board who was nominated by the same chair¬ man as the member whose place has become vacant; such appointment shall be immediately reported to the county board of elections.

ELECTIONS.