40:69A-184. Petition; percentage
of legal voters required
The voters of any municipality may
propose any ordinance and may adopt or reject the same at the polls, such power
being known as the initiative. Any initiated ordinance may be submitted to the municipal
council by a petition signed by a number of the legal voters of the
municipality equal in number to at least 15% of the total votes cast in the
municipality at the last election at which members of the General Assembly were
elected. An initiated ordinance may be submitted to the municipal council by a
number of the legal voters of the municipality equal in number to at least 10%
but less than 15% of the total votes cast in the municipality at the last
election at which members of the General Assembly were elected, subject to
the restrictions set forth in section 17-43 (C. 40:69A-192) of this act.
L.1950, c. 210, p. 515, s. 17-35. Amended by
L.1951, c. 306, p. 1107, s. 1, eff. July 13, 1951; L.1982, c. 145, s. 1,
eff. Sept. 28, 1982.
40:69A-185. Power of
referendum; time for filing petition
The voters shall also have the power
of referendum which is the power to approve or reject
at the polls any ordinance submitted by the council to the voters or any
ordinance passed by the council, against which a referendum petition has been
filed as herein provided. No ordinance passed by the municipal
council, except when otherwise required by general law or permitted by the
provisions of section 17-32(b) of this act, shall take effect before twenty
days from the time of its final passage and its approval by the mayor where
such approval is required. If within twenty days
after such final passage and approval of such ordinance a petition protesting
against the passage of such ordinance shall be filed with the municipal clerk
and if the petition shall be signed by a number of the legal voters of the
municipality equal in number to at least 15% of the total votes cast in the
municipality at the last election at which members of the General Assembly were
elected, the ordinance shall be suspended from taking
effect until proceedings are had as herein provided.
The provisions of this section shall not apply to any
ordinance which by its terms or by law cannot become effective in the
municipality unless submitted to the voters, or which by its terms
authorizes a referendum in the municipality concerning the subject matter
thereof.
L.1950, c. 210, p. 516, s. 17-36. Amended by
L.1951, c. 306, p. 1107, s. 2, eff. July 13, 1951; L.1979, c. 278, s.
2; L.1982, c. 145, s. 2, eff. Sept. 28, 1982.
40:69A-186. Petition
papers; affidavits
All petition papers circulated for the
purposes of an initiative or referendum shall be uniform in size and
style. Initiative petition papers shall contain the full text of the
proposed ordinance. The signatures to initiative or referendum petitions
need not all be appended to one paper, but to each separate petition there
shall be attached a statement of the circulator there of as provided by this
section. Each signer of any such petition paper shall sign his name in
ink or indelible pencil and shall indicate after his name his place of
residence by street and number, or other description sufficient to
identify the place. There shall appear on each petition paper the
names and addresses of five voters, designated as the Committee of the
Petitioners, who shall be regarded as responsible for the circulation and
filing of the petition and for its possible withdrawal as hereinafter
provided. Attached to each separate petition paper there shall be
an affidavit of the circulator thereof that he, and he only, personally
circulated the foregoing paper, that all the signatures appended thereto
were made in his presence, and that he believes them to be the genuine
signatures of the persons whose names they purport to be.
L.1950, c. 210, p. 516, s. 17-37, eff. June 8, 1950.
40:69A-187. Filing of
petition papers; examination; certification of result
All petition papers comprising an initiative or
referendum petition shall be assembled and filed with the municipal clerk
as one instrument. Within twenty days
after a petition is filed, the municipal clerk shall
determine whether each paper of the petition has a proper statement of the
circulator and whether the petition is
signed by a sufficient number of qualified voters.
After completing his examination of the petition, the municipal clerk
shall certify the result thereof to the council at its next regular
meeting. If he shall certify that the petition is insufficient he
shall set forth in his certificate the particulars
in which it is defective and shall at once notify at least two
members of the Committee of the Petitioners of his findings.
L.1950, c. 210, p. 517, s. 17-38, eff. June 8, 1950.
40:69A-188. Amendment
of initiative or referendum petition
An initiative or referendum petition
may be amended at any time within ten days after the notification of
insufficiency has been served by the municipal clerk, by filing a supplementary
petition upon additional papers signed and filed as provided in case of an
original petition. The municipal clerk shall, within five days after such
an amendment is filed, examine the amended petition and, if the petition
be still insufficient, he shall file his certificate to that effect in his
office and notify the Committee of the Petitioners of his findings and no
further action shall be had on such insufficient petition. The finding
of the insufficiency of a petition shall not prejudice the filing of a new
petition for the same purpose.
L.1950, c. 210, p. 517, s. 17-39, eff. June 8, 1950.
40:69A-189.
Suspension of ordinance
Upon the filing of a referendum
petition with the municipal clerk, the ordinance shall be suspended until ten
days following a finding by the municipal clerk that the petition is
insufficient or, if an amended petition be filed, until five days
thereafter; or, if the petition or amended petition be found to be sufficient,
until it be withdrawn by the Committee of the Petitioners or until repeal of the ordinance by vote of the council
or approval or disapproval of the ordinance by the voters.
L.1950, c. 210, p. 518, s. 17-40, eff. June 8, 1950.
40:69A-190.
Submission to municipal council
Upon a finding by the municipal clerk
that any petition or amended petition filed with him in accordance with this
act is sufficient, the clerk shall submit the same to the municipal
council without delay. An initiative ordinance so submitted shall be
deemed to have had first reading and provision shall be made for a public
hearing.
L.1950, c. 210, p. 518, s. 17-41, eff. June 8, 1950.
40:69A-191. Submission
of ordinance to voters; withdrawal of petition
If within 20
days of the submission of a certified petition by the municipal clerk the
council shall fail to pass an ordinance requested by an initiative
petition in substantially the form requested or to
repeal an ordinance as requested by a referendum petition, the municipal
clerk shall submit the ordinance to the voters unless, within 10 days after final adverse
action by the council or after the
expiration of the time allowed for such action, as the case may
be, a paper signed by at least four of the five members of the Committee
of the Petitioners shall be filed with the municipal clerk requesting
that the petition be withdrawn. Upon the filing of such a request,
the original petition shall cease to have any force or effect.
L.1950, c. 210, p. 518, s. 17-42, eff. June 8,
1950. Amended by L.1982, c. 145, s. 3, eff. Sept. 28, 1982.
40:69A-192.
Timing of election at which submitted to voters
17-43. a. Any ordinance to be
voted on by the voters in accordance with section 17-36 or section 17-42 of
this act (C.40:69A-185 or C.40:69A-191) shall be submitted at the next general
or regular municipal election occurring not less than 40 days after the final
date for withdrawal of the petition as provided for in section 17-42 of this
act (C.40:69A-191), provided that if no such election is to be held within 90
days the council shall provide for a special election to be held not less than
40 nor more than 60 days from the final date for withdrawal of the petition as
provided for in section 17-42 (C.40:69A-191) of this act.
b. In the case of an initiated petition signed
by not less than 10% nor more than 15% of the legal voters, the ordinance shall
be submitted at the next general or regular municipal election occurring not
less than 40 days after the final date of withdrawal of the petition as
provided for in section 17-42 (C.40:69A-191) of this act.
c. In any instance where a referendum election
is to be held as a result of an ordinance of the council which by its terms or
by law cannot become effective in the municipality unless submitted to the
voters, or which by its terms authorizes a referendum in the municipality
concerning the subject matter thereof, the time for submission of the question
to the voters shall be at the next general or regular municipal election
occurring not less than 40 days from the date of final passage and approval of
the ordinance. Referenda held on ordinances adopted pursuant to sections 7
through 11 of P.L.1981, c.465 (C.40:69A-25.1 through 40:69A-25.5) shall be
governed by this subsection, except that if the referendum is held pursuant to
those sections as the result of the report of a charter study commission, the
time for submission of the question shall be calculated from the date of that
report.
L.1950,c.210,s.17-43; amended 1982,c.145,s.4; 1991,c.430,s.5.
40:69A-193. Number of
proposed ordinances voted upon; time between special elections
Any number of proposed ordinances may be voted upon at
the same election in accordance with the provisions of this article, but there
shall not be more than one special election in any period of 6 months for
such purpose.
During that 6 month period, any ordinance which would
otherwise be submitted to the voters at a special election if one were not
already scheduled, shall be submitted at the scheduled special election if
at least 30 days shall remain prior thereto from the final date for
withdrawal of the petition, otherwise, the ordinance shall be submitted at
the next general election or regular municipal election, whichever shall
first occur.
L.1950, c. 210, p. 519, s. 17-44, eff. June 8,
1950. Amended by L.1982, c. 145, s. 5, eff. Sept. 28, 1982.
40:69A-194. Publication
of ordinance
Whenever an ordinance is to be
submitted to the voters of the municipality at any election in accordance with
this article, the clerk shall cause the ordinance to be published in at least
two of the newspapers published or circulated in the municipality. The
publication shall be not more than twenty nor less than five days before the
submission of the ordinance or proposition to be voted on.
L.1950, c. 210, p. 519, s. 17-45, eff. June 8, 1950.
40:69A-195. Ballots
The ballots to be used at such
election 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 (+) or check (/) in the square at the left of
the word Yes, and if opposed thereto mark a cross (X) or plus (+) or a check
(/) in the square to the left of the word No."
"Shall the ordinance ...................
Yes.
(indicate whether submitted by council or
initiative or referendum petition) providing
No. for
.........................................
(here state nature of proposed ordinance or
proposition) be adopted?"
L.1950, c. 210, p. 519, s. 17-46, eff. June 8, 1950.
40:69A-196. Results
of election; majority vote for adoption; amendment or repeal within
3 years; conflicting measures
If a majority of the qualified
electors voting on the proposed ordinance shall vote in favor thereof, such
ordinance shall thereupon become a valid and binding ordinance of the
municipality and be published as in the case of other ordinances. No such ordinance shall be amended or repealed within 3 years
immediately following the date of its adoption by the voters, except by a vote
of the people. The council may, within 3 years immediately following
the date of adoption of the ordinance, submit a proposition for the repeal or
amendment of that ordinance to the voters at any succeeding general election or
regular municipal election. If the proposition submitted shall receive a
majority of the votes cast at that election, the ordinance shall be repealed or
amended accordingly. If the provisions of two or more measures approved
or adopted at the same election conflict then the measure receiving the
greatest affirmative vote shall control.
L.1950, c. 210, p. 519, s. 17-47, eff. June 8,
1950. Amended by L.1982, c. 145, s. 6, eff. Sept. 28, 1982.
