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Recall Election Law

Recall Election Law

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Published by Joanne ONeill
NJ Recall Election Law
NJ Recall Election Law

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Published by: Joanne ONeill on Jun 28, 2011
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01/27/2012

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NJ Title 19:27A Uniform Recall Election Law
19:27A-1Short Title19:27A-2Power to recall elected Officials19:27A-3Definitions19:27A-4Recall; vote required, service of term, statements, procedures
 
19:27A-5Recall petition; signatures required
 
19:27A-6 Notice of intention19:27A-7Review of notice of intention; approval; publication; answer 19:27A-8Format of recall petition; requirements19:27A-9Circulator of recall petition19:27A-10Filing of petition by recall committee; time19:27A-11Review of petition by recall election official19:27A-12Contesting decisions of recall officials19:27A-13Issuance of certificate as to sufficiency of petition; scheduling of recall election; notice19:27A-14Recall election, conduct19:27A-15Ballot used at recall election; filling of vacancy19:27A-16Results of recall election19:27A-17Recall committee, recall defense committee; regulation of contributions; reports19:27A-18Statutes inoperative
19:27A-1. Short title
1. This act shall be known and may be cited as the "Uniform Recall Election Law."
19:27A-2. Power to recall elected officials
2. Pursuant to Article I, paragraph 2b. of the New Jersey Constitution, the people of this State shall have the power to recall, after at least one year of service in the person's current term of office, any United States Senator or Representative elected from this State or any State or local elected official in the manner provided herein.
19:27A-3. Definitions
3. As used in this act:"circulator" means an individual, whether paid or unpaid, who solicits signatures for a recall petition;"elected official" means any person holding the office of United States Senator or member of the United StatesHouse of Representatives elected from this State, or any person holding a State or local government officewhich, under the State Constitution or by law, is filled by the registered voters of a jurisdiction at an election,including a person appointed, selected or otherwise designated to fill a vacancy in such office, but does notmean an official of a political party;"jurisdiction" means the electoral jurisdiction, including but not limited to the State, or any county or municipality thereof, within which the voters reside who are qualified to vote for an elected official who issought to be recalled;"notice of intention" means the notice filed with the recall election official by a recall committee for the purposeof initiating a recall effort;"recall committee" means a committee formed by persons sponsoring the recall of an elected official whichrepresents the sponsors and signers of a recall petition in matters relating to the recall effort;1
 
"recall election" means an election held for the purpose of allowing the voters of a jurisdiction to decidewhether an elected official shall be recalled from office;"recall election official" means the official authorized by law to receive nominating petitions for an electiveoffice, except that with respect to the recall of the county clerk, it means the Secretary of State;"recall petition" means a petition prepared and circulated by a recall committee as provided by this act for the purpose of gathering a sufficient number of valid signatures of registered voters to cause a recall election to becalled; and"sponsors" means the proponents of a recall effort who establish a recall committee.
19:27A-4. Recall; vote required, service of term, statements, procedures
4. a. An elected official shall be recalled from office upon the affirmative vote of a majority of those voting onthe question of recall at a recall election which shall have been held after the officeholder shall have served oneyear of the term of office from which the person is sought to be recalled. A person serving to fill a vacancy inthe term of an elective office shall be subject to recall at such an election after one year of such service. Noelection to recall an elected official shall be held after the date occurring six months prior to the general electionor regular election for that office, as appropriate, in the final year of the official's term. No statement of reasons or grounds for the holding of a recall election or for the recall at such an election of anelected official shall be required in connection with the preparation or circulation of a recall petition, with thetransmittal of any notice required under the provisions of this act, with the submission to the voters of thequestion of the recall of an elected official, or with any other action or procedure relating to such a recall, and tothe extent that any such statement of reasons or grounds is offered by the sponsors of a recall petition or by anyother person, the sufficiency of that statement shall be a political rather than a judicial question. b. The procedures established in this act to initiate the calling of a recall election may be commenced notearlier than the 50th day preceding the completion of the first year of the term of office by the official sought to be recalled. In the case of an official serving to fill a vacancy in the term of an elective office, the proceduresestablished in this act to initiate the calling of a recall election may be commenced not earlier than the 50th day preceding the completion of the first year of such service. However, the recall election itself shall not be helduntil after the official has completed one year of such term or service, as appropriate.
19:27A-5. Recall petition; signatures required
5. A recall petition demanding that an election be held for the purpose of deciding whether an elected officialshall be recalled from office shall be signed by a number of registered voters of the jurisdiction of the officialsought to be recalled equal to at least 25% of the persons registered to vote in that jurisdiction on the date of thegeneral election preceding the date on which the sponsors of the petition file a notice of intention pursuant tosection 6 of this act. A recall petition shall be filed with the appropriate recall election official. No recall petition shall demand the holding of an election to recall more than one elected official.
19:27A-6. Notice of intention; filing
6. Prior to collecting any signatures, the sponsors of a recall petition shall file a notice of intention with theappropriate recall election official. The notice of intention shall contain the following information:a. the name and office of the elected official sought to be recalled;2
 
 b. the name and business or residence address of at least three sponsors of the recall petition who shallconstitute a recall committee which shall represent the sponsors and signers of the recall petition in mattersrelating to the recall effort, provided that no recall committee shall sponsor the recall of more than oneofficeholder and, if a recall effort fails at the ballot, the sponsoring recall committee and the members thereof shall not again sponsor, nor shall the recall committee again finance, an effort to recall the targeted officeholder during the same term of office in which the failed recall effort was attempted;c. the name of the recall committee, which shall be expressed in the following form: "COMMITTEE TORECALL (name of the official sought to be recalled) FROM THE OFFICE OF (name of the office)";d. a statement certified by each member of the recall committee that the member is registered to vote in the jurisdiction of the official sought to be recalled and that the member supports the recall of the named officialand accepts the responsibilities associated with serving on the recall committee;e. at the option of the recall committee, a statement, not in excess of 200 words, of the reasons for the recall;andf. a statement as to whether the recall election shall be held at the next general election or regular election, asappropriate, or at a special election, as provided in section 13 of this act.
19:27A-7. Review of notice of intention; approval; publication; answer
7. a. Upon receiving a notice of intention, the recall election official shall review it for compliance with the provisions of section 6 of this act. If the notice of intention is found to be in compliance, the recall electionofficial shall imprint on the face of that notice a statement of the official's approval thereof, which statementshall identify the public office held by the official and include the signature of the official and the date on whichthe approval was given, and shall, within three business days of receiving the notice, return a certified copy of the approved notice to the recall committee. If the recall committee has requested that the recall election beheld at a special election, the recall election official shall also prepare, within that same three-day period, anestimate of the cost of conducting the recall election which shall be added to the notice of intention and printedon the first page of each section of the petition as required by section 8 of this act. The official shall retain, andshall hold available for public inspection and copying, the original notice so approved for a period of not lessthan five years from the date of such approval. If the notice of intention is found not to be in compliance, therecall election official shall, within that period of three business days, return the notice, together with a writtenstatement indicating the reasons for that finding, to the recall committee, which shall have the opportunity tofile a corrected notice of intention. b. Within five business days of approving a notice of intention, the recall election official shall serve a copy of the approved notice of intention on the official sought to be recalled by personal delivery or certified mail, andwithin two weeks of approving the notice of intention shall cause a copy thereof to be printed in a newspaper  published in the jurisdiction or, if none exists, in a newspaper generally circulated within the jurisdiction, andaffix to the approved notice of intention previously filed an affidavit of the time and manner of service and proof of publication. The copy of the notice of intention which is published shall be abbreviated to includeinformation on only three members of the recall committee who shall be designated for that purpose by thecommittee. The recall election official shall retain on file the affidavit and proof for so long as the approvednotice of intention is retained.c. Within five business days of being served with a notice of intention, the official sought to be recalled mayfile an answer to the proposed recall, not to exceed 200 words, with the recall election official if the notice ointention contained a statement of the reasons for the recall. An answer shall be used solely to provideinformation to the voters and shall be printed on the first page of each section of the petition in the manner 3

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