40:45-19. Run - off elections; votes necessary for election
15. In any regular municipal election held under section 14 of P.L.1981, c.379 (C.40:45-18), if a sufficient number of candidates do not receive a majority of the votes cast to elect the required number of councilmen-at-large (or commissioners, or village trustees) or no candidate for mayor or no candidate for ward councilman receives a majority of the votes cast for his respective office, a run - off election in the municipality or ward, as the case may be, shall be held on the fourth Tuesday next following that municipal election; unless in any year that Tuesday shall be the date upon which a primary election shall be held, in which case the run - off election shall be held on the fifth Tuesday next following the municipal election.
At the run - off election, the candidates for councilman-at-large (or commissioner, or village trustee) shall be those candidates not elected at the regular municipal election who received the greatest number of votes at that election, but the candidates shall be equal in number to twice the number of councilmen-at-large (or commissioners, or village trustees) remaining to be elected. The candidates for mayor or ward councilmen at the run - off election shall be the two candidates for the office who received the greatest number of votes at the regular municipal election. Military service ballots shall be printed and distributed for the run - off election in the same manner, so far as possible, as for other municipal elections.
The candidate or candidates who receive the greatest number of votes at the run-off election shall be elected to the office or offices to be filled. If two or more candidates shall be equal and greatest in votes for any of the purposes of this section, they shall draw lots to determine which one shall enter the run - off election, or be elected, as the case may be.
If any candidate to be voted for at the run - off election dies seven or more days prior to the run - off election, the candidate for the office not theretofore included in the run - off election, but next highest in number of votes for that purpose shall be substituted at the run - off election in the place of the deceased candidate and his name shall be substituted on the ballots for that of the deceased candidate.
L.1981,c.379,s.15; amended 1982,c.13,s.1; 1990,c.17,s.3; 1995,c.97,s.3
40:45-20. Continuation of provisions for run- off elections
Any municipality in which, immediately prior to the effective date of this act, run - off elections were required to be held pursuant to the plan or form of government, or charter, of the municipality, shall, on and after the effective date of this act, be governed by the provisions of sections 14 and 15 of this act for so long as it continues to be governed by that plan or form of government, or that charter, except as provided in section 17 of this act.
L.1981, c. 379, s. 16, eff. Jan. 1, 1982.
40:45-21. Run - off elections; adoption or abandonment of provisions; submission by ordinance or petition to voters; vote necessary
a. Any municipality governed by the provisions of this act, but not by the provisions of sections 14 and 15 of this act, may, by referendum, adopt the provisions of those sections. Any municipality governed by the provisions of this act and by the provisions of sections 14 and 15 may, by referendum, abandon the provisions of those sections and continue to be governed by the provisions of this act. The question of adopting, or of abandoning, those provisions may be submitted to the voters either by ordinance of the governing body or by petition of the registered voters. Any ordinance adopted, or each petition paper submitted, for the purpose shall state the proposition that run - off elections be held in the municipality; or, in the case of abandonment, that run - off elections not be held in the municipality.
b. Upon adoption by the governing body of an ordinance conforming with the provisions of this section, the municipal clerk shall provide for the submission of the question at the next general election or regular municipal election occurring in the municipality not less than 60 days after the date of the adoption of the ordinance.
c. Any petition submitted by the registered voters pursuant to this section shall be signed by the registered voters of the municipality in a number at least equal to 10% of the total votes cast in the municipality at the last preceding general election at which members of the General Assembly were elected. The petition shall be filed with the clerk of the municipality who shall, upon filing, ascertain and certify the number and validity of the signatures affixed thereto.
If the petition is determined to be insufficient, the person designated in the petition for the purpose shall have 10 days from the notification of insufficiency to file a supplementary petition designed to rectify the insufficiency, which shall be in the same form and shall be filed in the same manner as the original petition. If no supplementary petition is filed within 10 days after notification, or if the clerk shall examine the supplementary petition and determine that an insufficiency still exists, the clerk shall file a certificate of insufficiency in his office and notify the designated person of the insufficiency. A finding of insufficiency shall not prejudice the filing of a new petition for the same purpose.
If the petition is determined to be sufficient, the clerk shall so certify, shall transmit a certified copy to the governing body of the municipality, and shall provide for the submission of the question at the next general election or regular municipal election occurring in the municipality not less than 60 days after the date of certification.
d. At the election, the question shall be submitted in the appropriate form as follows:
(1) If the ordinance or petition proposes the holding of run - off elections in the municipality, the question shall be posed: "Shall run - off elections be held in (insert name of municipality) as permitted by the "Uniform Nonpartisan Elections Law'?"
(2) If the ordinance or petition proposes the abandonment of run - off elections in the municipality, the question shall be posed: "Shall (insert name of municipality) abandon the holding of run - off elections as permitted by the "Uniform Nonpartisan Elections Law'?"
e. The question submitted pursuant to subsection d. of this section shall be approved if a majority of those voting on the question shall vote in favor of the question, and shall take effect for the next regular municipal election held in the municipality and thereafter.
f. No ordinance may be adopted and no petition may be filed proposing the adoption of the provisions of sections 14 and 15 of this act, or the abandonment of the provisions of those sections, within 4 years after the date on which the municipality initially adopted a plan or form of government, or charter, requiring the holding of run - off elections in the municipality, or within 4 years after the date on which a question was last submitted to the voters pursuant to subsection d. of this section.
L.1981, c. 379, s. 17, eff. Jan. 1, 1982
