Moves fire district elections to date of general election in November.

S4093

SENATE, No. 4093

STATE OF NEW JERSEY

222nd LEGISLATURE

�

INTRODUCED MAY 4, 2026

Sponsored by:

Senator� DECLAN J. O'SCANLON, JR.

District 13 (Monmouth)

SYNOPSIS

���� Moves fire district elections to date of general
election in November.

CURRENT VERSION OF TEXT

���� As introduced.

��

An Act
concerning fire district elections, amending various
parts of the statutory law, and repealing various parts of the statutory law.

����
Be It
Enacted
by the Senate and General Assembly of
the State of New Jersey:

���� 1.��� Section 9 of P.L.2009,
c.79 (C.19:63-9) is amended to read as follows:

���� 9.��� a. Except as provided in
subsection d. of this section, starting on or before the 45th day before the
day an election is held, each county clerk shall forward mail-in ballots by
first-class postage or hand delivery to each mail-in voter whose request therefor
has been approved.� Mail-in ballots that have been approved before the 45th day
before an election shall be forwarded or delivered at least 45 days before the
day of the election.� Hand delivery of a mail-in ballot shall be made by the
county clerk or the clerk's designee only to the voter, or the voter's
authorized messenger, who must appear in person.� No person shall serve as an
authorized messenger for more than three qualified voters in an election, but a
person may serve as such for up to five qualified voters in an election if
those voters are immediate family members residing in the same household as the
messenger.� Ballots that have not been hand delivered shall be addressed to the
voter at the forwarding address given in the application.� In the case of a
voter choosing to have their mail-in ballot sent to a secondary address, if the
ballot is returned or marked undeliverable for two consecutive general
elections, then future mail-in ballots shall be mailed to the voter's address
where they are registered to vote and the voter shall be notified in writing of
the change.

���� b.��� (1) Whenever the clerk
forwards a mail-in ballot by mail to a mail-in voter between the 45th day and
the 13th day before the day of an election, the ballot shall be transmitted
within three business days of the receipt of the application.

���� (2)�� Whenever the clerk
forwards a mail-in ballot by mail to a mail-in voter between the 12th day and
the seventh day before the day of an election, the ballot shall be transmitted
within two business days of the receipt of the application.

���� The provisions of this
subsection shall not apply to:

���� (a) annual school elections
and special school elections in those school districts holding such elections,
pursuant to P.L.1995, c.278 (C.19:60-1 et seq.);

���� (b) any municipality in which
elections are conducted by mail, pursuant to P.L.2005, c.148 (C.19:62-1 et
seq.);

����
[
(c) annual elections for members
of the boards of fire district commissions, pursuant to N.J.S.40A:14-72, when
such elections are held at a time other than the time of the general election;
]

(Deleted
by amendment, P.L.��� , c.��� ) (pending before the Legislature as this bill)

and

���� (d) the vote on any public
question submitted to the voters of a local unit to increase the amount to be
raised by taxation by more than the allowable adjusted tax levy, pursuant to
section 11 of P.L.2007, c.62 (C.40A:4-45.46).

���� c.���� (Deleted by amendment,
P.L.2011, c.37)

���� d.��� Each uniformed and
overseas mail-in voter, as defined by the federal "Uniformed and Overseas
Citizens Absentee Voting Act" (52 U.S.C. s.20301 et seq.), or any general
election voter in this State whose request for a mail-in ballot has been approved,
shall be forwarded by the county clerk a mail-in ballot by first-class postage
or hand delivery no later than the 45th day before the day of a federal
election.� Whenever the county clerk forwards a mail-in ballot by mail to a
uniformed or overseas mail-in voter or a State general election voter between
the 45th day and the 13th day before the day of a federal election, the ballot
shall be transmitted within three business days of the receipt of the
application.� Nothing in this section, as amended by P.L.2022, c.70, shall be
construed to be inconsistent with the federal "Uniformed and Overseas
Citizens Absentee Voting Act" (52 U.S.C. s.20301 et seq.).

(cf: P.L.2022, c.70, s.5)��������

���� 2.��� N.J.S.40A:14-70 is
amended to read as follows:

���� 40A:14-70. a.�������� In any
municipality not having a paid or part-paid fire department and force, the
governing body, upon application of at least 5
[
%
]

percent
of the registered
voters or 20 legal voters, whichever is the greater, shall consider the
designation of a fire district.� Upon receipt of the application, the governing
body shall fix a time and place for a hearing thereon.� The municipal clerk
shall advertise the notice of the hearing in a newspaper circulating in the
county wherein the municipality is located at least once and not less than 10
days prior to the hearing.� After the hearing the governing body shall
determine the question of designation of a fire district.� If the governing
body decides that the designation of a fire district is appropriate, it, by
ordinance, shall designate a territorial location or locations for use as a
fire district or fire districts and, by resolution, provide for the election of
a board of fire commissioners for the district or each district, to consist of
five persons, residents therein, and specify the date, time and place for the
election of the first board.

���� b.��� The district or each
district shall be assigned a number and the commissioners thereof and their
successors shall be a body corporate, to be known as "the commissioners of
fire district No.� . . . . .� in� . . . . . . (name of municipality), county of�
. . . . . . . . . .� (name of county)."� The said body corporate shall
have the power to acquire, hold, lease, sell or otherwise convey in its
corporate name such real and personal property as the purposes of the
corporation shall require.� All sales and leases of real and personal property
shall be in accordance with the provisions of section 13 or 14, as appropriate,
of the "Local Lands and Buildings Law," P.L.1971, c.199 (C.40A:12-13
or 40A:12-14).�
[
Said
]

The

body corporate may adopt and use a corporate seal, sue or be sued and shall
have such powers, duties and functions as are usual and necessary for said
purposes.

���� c.����
[
If the
election of the first board of fire commissioners is held at a time other than
the time of the general election, the following requirements shall apply:

���� (1)�� The clerk of the
municipality shall conduct the election and shall preside at the meeting until
the board shall have been elected.

���� (2)�� At the first meeting of
a newly elected board of fire commissioners of a district the board shall
choose a chairman and fix the place for the annual election.� The members of
the board shall divide themselves by lot into three classes: the first to consist
of two members whose terms shall expire at 12 o'clock noon on the first Tuesday
in March of the year following the year in which the first board is elected;
the second, two members whose terms shall expire at 12 o'clock noon on the
first Tuesday in March of the second year following that year; and the third,
one member whose term shall expire at 12 o'clock noon on the first Tuesday in
March of the third year following that year.� The terms of fire commissioners
in each class, other than members of the first board, shall expire at 12
o'clock noon on the first Tuesday in March of the third year following the year
in which they were elected.� If the time of the annual election is moved to the
time of the general election pursuant to subsection a. of section 23 of
P.L.2017, c.206 (C.40A:14-72.2), the terms of the fire commissioners then in
office shall be extended until 12 o'clock noon on the first Tuesday in December
of the years in which their terms expire.

���� (3)�� Any vacancy in the
membership shall be filled by the remaining members until the next succeeding
annual election held on the third Saturday in February, at which time a
resident of the district shall be elected for the unexpired term.
]

(Deleted
by amendment, P.L.��� , c.��� ) (pending before the Legislature as this bill)

���� d.���
[
If the
]

The

election of the first board of fire commissioners
[
is
]

shall be
held at the time
of the general election,
and
the following requirements shall apply:

���� (1)�� The election shall be
conducted in accordance with the procedures provided for the general election
in Title 19 of the Revised Statutes, except as otherwise provided pursuant to
N.J.S.40A:14-70 et seq.

���� (2)�� The annual election
shall be held at the time of the general election on the first Tuesday after
the first Monday in November, and shall be conducted in accordance with the
procedures provided for the general election in Title 19 of the Revised
Statutes, except as otherwise provided pursuant to N.J.S.40A:14-70 et seq.

���� (3)�� The term of a member of
a board of fire commissioners shall commence at 12 o'clock noon on the first
Tuesday in December.

���� (4)�� At the first meeting of
a newly elected board of fire commissioners of a district, the board shall
choose a chairman.� The members of the board shall divide themselves by lot
into three classes: the first to consist of two members whose terms shall expire
at 12 o'clock noon on the first Tuesday in December of the year following the
year in which the first board is elected; the second, two members whose terms
shall expire at 12 o'clock noon on the first Tuesday in December of the second
year following that year; and the third, one member whose term shall expire at
12 o'clock noon on the first Tuesday in December of the third year following
that year.� The terms of fire commissioners in each class, other than members
of the first board, shall expire at 12 o'clock noon on the first Tuesday in
December of the third year following the year in which they were elected.

���� (5)�� Any vacancy in the
membership shall be filled by the remaining members until the next succeeding
annual election held at the time of the general election, at which time a
resident of the district shall be elected for the unexpired term.

(cf: P.L.2017, c.206, s.9)������

���� 3.��� N.J.S.40A:14-71 is
amended to read as follows:

���� 40A:14-71. a.
[
For an
election held at a time other than at the time of the general election,
candidates for membership on the board shall be nominated by verified petitions
and the procedures set forth in this subsection shall apply.� Any such petition
shall be in writing, addressed to the municipal clerk or the clerk of the
board, as the case may be, stating that the signers thereof are qualified
voters and residents in the district and requesting that the name of the
candidate be placed on the official ballot.� The petition shall state the
residence of the candidate and certify his qualification for membership.� The
candidate's consent to his nomination shall be annexed to the petition and
shall constitute his agreement to serve in the event of his election.� The petition
shall contain the name of only one candidate, but several petitions may
nominate the same person.� Each petition shall be signed by not less than 10
qualified voters and shall be filed at least 29 days before the date of the
election.

���� Any form of a petition of
nomination which is provided to candidates by the Secretary of State, the
county clerk, or the municipal clerk shall contain the following notice:�
"Notice:� All candidates are required by law to comply with the provisions
of 'The New Jersey Campaign Contributions and Expenditures Reporting Act,'
P.L.1973, c.83 (C.19:44A-1 et seq.).� For further information please call
(insert telephone number of the Election Law Enforcement Commission)."

���� If a petition is found to be
defective, either in form or substance, the municipal clerk or the clerk of the
board, as the case may be, shall forthwith notify the candidate to cause it to
be corrected before the petition is given consideration.

���� A candidate shall be permitted
to sign or circulate, or both sign and circulate, the petition required to
nominate that candidate for membership on the board.
]

(Deleted by amendment,
P.L.��� , c.��� ) (pending before the Legislature as this bill)

���� b.��� For an election held at
the time of the general election, each candidate for membership on the board of
fire commissioners shall be nominated by petition for direct nomination
pursuant to the procedures set forth in R.S.19:13-1 et seq.� Notwithstanding the
provisions of R.S.19:13-5, however, a petition of nomination for
[
such
]

the

office shall be signed by at least 10 persons, one of whom may be the
candidate, or two percent of the number of qualified voters who voted in the
fire district at the next preceding annual election for members of the board of
fire commissioners, whichever is less, and filed with the county clerk on or
before 4:00 p.m. of the last Monday in July preceding the general election.�
The signatures need not all appear upon a single petition and any number of
petitions may be filed on behalf of any candidate, but no petition shall
contain the endorsement of more than one candidate.

���� Any candidate may withdraw as
a candidate by filing a notice in writing, signed by the candidate, of
[
such
]

the

withdrawal with the county clerk on or before the 70th day before the date of
the November election, as applicable, and thereupon the name of that candidate
shall be withdrawn by the county clerk and shall not be printed on the ballot.

���� A vacancy created by any
reason set forth in R.S.19:13-18, or in any other manner, shall be filled under
the provisions of R.S.19:13-19.� In each fire district in which candidates for
the office of member of a board of fire commissioners will seek election at the
general election, the board of fire commissioners thereof shall certify to the
county clerk no later than the day of the holding of the primary election for
the general election next occurring a statement designating the public offices
to be filled at such election, and the number of such offices to be filled.

(cf: P.L.2017, c.206, s.10)

���� 4.��� N.J.S.40A:14-72 is
amended to read as follows:

���� 40A:14-72. a. An election
shall be held annually
[
either
on the third Saturday in February or
]

at the time of the general election on the first Tuesday after the first Monday
in November in each established fire district for the election of members of
the board according to the expiration of terms.�
[
The initial election for a newly
created fire district may take place on another date as a governing body may
specify under N.J.S.40A:14-70, but the annual election thereafter shall be held
either on the third Saturday in February or at the time of the general election
on the first Tuesday after the first Monday in November.
]

���� b.���
[
For an
election held at a time other than at the time of the general election, the
place of the election shall be determined by the board and a notice thereof,
and of the closing date for the filing with the clerk of the board of petitions
of nomination for membership on the board, shall be published at least once in
a newspaper circulating in the district, at least six weeks prior to the date
fixed for the election.
]

(Deleted by amendment, P.L.��� , c.��� ) (pending before the Legislature as
this bill)

���� c.����
[
For an
election held at the time of the general election, the
]

The

place of the election shall be determined pursuant to R.S.19:8-1 et seq. and
notice thereof shall be published pursuant to R.S.19:12-7.� Notice of the
closing date for the filing, with the county clerk, of nominations by petition
for direct nomination for membership on the board shall be published by the
board at least once in a newspaper circulating in the district, at least 21
days prior to the date by which such nominations are required to be filed with
the county clerk.

���� d.��� Fire districts located
in the same municipality may combine the publication of their notices of
election.� For the purpose of this section, "notices of election"
shall include the notices required to be published under section 6 of P.L.2009,
c.79 (C.19:63-6).

���� e.����
[
The legal
voters at an annual election held on the third Saturday in February shall
determine the amount of money to be raised for the ensuing year and determine
such other matters as may be required.� If

the amount of money to be raised for the ensuing year exceeds the
permissible property tax levy increase
,
as determined pursuant to
section 10 of P.L.2007, c.62 (C.40A:4-45.45), a public question shall be
submitted to the legal voters to increase the amount to be raised by taxation
by more than the allowable adjusted tax levy.
]

(Deleted by amendment, P.L.��� , c.��� ) (pending before the Legislature as
this bill)

���� f.����
[
If a

fire district
holds
]

During

its
annual election at the time of the general election,
[
then
]
the legal voters
of the fire
district
shall determine the amount of money to be raised for the ensuing
year
[
only
by
]

including
any
such amount that exceeds the permissible property tax levy increase as
determined pursuant to section 10 of P.L.2007, c.62 (C.40A:4-45.45)
, and
determine such other matters as may be required
.� The legal voters shall
determine whether to increase the amount to be raised by taxation by more than
the allowable adjusted tax levy for the ensuing year through the submission of
a public question.� The board of fire commissioners of the fire district shall
notify the county or municipal clerk, as appropriate, of the need to conduct a
referendum pursuant to this subsection at least 60 days before the date of the
[
referendum.� A
referendum conducted pursuant to this subsection shall be held on the third
Saturday in February of the budget year in which the levy increase would apply
]

general election
.

���� g.���
[
No fire
district election shall be held between the period of 45 days prior to the
primary or general election to the certification of the results of the primary
or general election.
]

(Deleted by amendment, P.L.��� , c.��� ) (pending before the Legislature as
this bill)

(cf: P.L.2023, c.124, s.22)

���� 5.��� Section 22 of P.L.2017,
c.206 (C.40A:14-72.1) is amended to read as follows:

���� 22.� a.
[
Except as
provided in subsection b. of this section, the
]

The
board of fire commissioners of a fire district
[
may by
resolution
]

that prior to the effective date of P.L.��� , c.��� (pending before the
Legislature as this bill) held fire district elections at any time other than
the general election shall
move the time of the annual election for the
fire district to the time of the general election on the first Tuesday after
the first Monday in November.�
[
If
the time of the annual election for a fire district is moved to the time of the
general election, the
]

The
fire district election shall be held for the purposes of electing
members of the board of fire commissioners and for voting on any appropriation
or other matter according to the provisions of N.J.S.40A:14-70 et seq.� The
procedures for holding a fire district election at the time of the general
election shall be in accordance with the procedures provided for the general
election under Title 19 of the Revised Statutes, except as otherwise provided
pursuant to N.J.S.40A:14-70 et seq.

���� After moving the date of a
fire district's annual election to the day of the general election on the first
Tuesday after the first Monday in November, the date of the annual fire
election shall be held at that time and shall not be changed.

���� b.��� (1) An annual election
shall
[
not
]
be moved to
the first Tuesday after the first Monday in November, to be held simultaneously
with the general election, pursuant to subsection a. of this section,
[
unless
]

and

the county board of elections
[
has
certified
]

shall certify
that the election
[
may
]

shall

be conducted in accordance with the requirements of section 1 of P.L.1976, c.83
(C.19:4-10).�

���� (2)�� The county board of
elections for a county within which a fire district is located shall determine,
within 30 days of the effective date of P.L.2017, c.206, whether an annual
election may be so conducted.�

���� (a)��
[
If the county
board of elections determines that an annual election may be conducted pursuant
to paragraph (1) of this subsection, the board shall transmit a certification
to the board of fire commissioners and the governing body of the municipality
within which the district is located.
]
�

(Deleted by amendment, P.L. , c. ) (pending
before the Legislature as this bill)

���� (b)��
[
If the county
board of elections determines that an annual election may not be conducted
pursuant to paragraph (1) of this subsection, the board shall transmit a letter
to the fire district so stating.
]
�
In order to meet the requirement of paragraph (1) of this subsection, the board
of election may revise or readjust the boundary lines of any election district
and the board of fire commissioners, if authorized by an ordinance adopted by
the governing body of the municipality, may revise or readjust the boundary
lines of any fire district, including by means of consolidating or subdividing
districts, as may be necessary, except as may be otherwise required by section
6 of P.L.1976, c.83 (C.19:4-15).� The Local Finance Board shall approve any
proposed consolidation or subdivision of a fire district in accordance with the
procedures set forth in the Local Authorities Fiscal Control Law, P.L.1983,
c.313 (C.40A:5A-1 et seq.), or sections 2 and 3 of P.L.2015, c.279
(C.40A:14-90.1 et seq.), as applicable.� Any fire district whose boundaries
have been adjusted shall notify the Director of the Division of Local
Government Services in the Department of Community Affairs.

���� Upon the completion of
[
such
]

the

revision or readjustment of the boundary lines of any election district by the
board of elections, the board of election shall transmit a certification to the
board of fire commissioners and the governing body of the municipality within
which the district is located.

���� Upon the completion of
[
such
]

the

revision or readjustment of the boundary lines of any fire district by the
board of fire commissioners, the fire district shall transmit a letter so
notifying the county board of elections.� The board of elections shall, within
30 days thereafter, transmit either a certification to the board of fire
commissioners and the governing body of the municipality within which the
district is located, provided the board of election can then certify compliance
with paragraph (1) of this subsection, or a letter to the board of fire
commissioners stating that compliance with paragraph (1) of this subsection has
not been met notwithstanding the revision or readjustment.

���� c.����
[
If the time of
the annual election is moved to the time of the general election pursuant to
subsection a. of this section, the
]

The
term of a member of a board of fire
[
commissioner
]

commissioners

elected at the time of a general election shall commence at 12 o'clock noon on
the first Tuesday in December, and shall expire at 12 o'clock noon on the first
Tuesday in December of the third year following the year in which such member
was elected.� Any vacancy in the membership shall be filled by the remaining
members until the next succeeding annual election held at the time of the
general election, at which time a resident of the district shall be elected for
the unexpired term. �
If a member of a board of fire commissioners who was
elected to a term of office at an election other than a general election prior
to the effective date of P.L.��� , c.��� (pending before the Legislature as
this bill) would be subject to an expiration of their term of office and create
a vacancy prior to the time that a successor would commence a new term at the
next general election, the member shall hold over as an incumbent beyond the
expiration of the term of office until the elected successor assumes office.
�

(cf: P.L.2017, c.206, s.22)

���� 6.��� N.J.S.40A:14-74 is
amended to read as follows:

���� 40A:14-74.� For an election
held at the time of the general election
[
or
at a time other than at the time of the general election
]
, the voter
registration procedures set forth in R.S.19:31-1 et seq. shall apply.

(cf: P.L.2017, c.206, s.13)

���� 7.��� The following sections
are repealed:

���� N.J.S.40A:14-73;��

���� N.J.S.40A:14-75;

���� N.J.S.40A:14-76;

���� N.J.S.40A:14-77;

���� N.J.S.40A:14-78;

���� Section 8 of P.L.1979, c.453
(C.40A:14-78.4);

���� Section 9 of P.L.1979, c.453
(C.40A:14-78.5); and

���� N.J.S.40A:14-84.

���� 8.��� This act shall take
effect immediately.

STATEMENT

���� Under current law, a fire
district election may be held annually either on the third Saturday in February
or at the time of the general election on the first Tuesday after the first
Monday in November.� This bill amends various sections of law and repeals
various sections of law to require that all fire district elections are to be
held at the time of the general election in November.

���� The bill also makes technical
revisions.