A5404 (Murphy, Conaway/Singleton) – Modifies procedure for change to manner of holding certain municipal elections.

This bill would modify the provisions of the Optional Municipal Charter Law, P.L.1950, c.210 (C.40:69A-1 et seq.), concerning the amendment of a municipal charter in order to enhance the participation requirements necessary to change the manner of holding municipal elections.  It is the sponsor’s belief that the process to propose a change to the manner of holding municipal elections should require a higher threshold than that required to make other types of changes to a municipal charter.

 Under current law, a proposed amendment to a municipal charter to change from partisan to nonpartisan elections, or nonpartisan to partisan elections, may be adopted by voter referendum.  The public question may be either initiated by the voters by petition signed by at least 10 percent of the votes cast in the municipality at the last General Assembly election, or submitted to the voters by ordinance approved by a simple majority of the municipal governing body.

The bill would require a proposed change to the manner of election to be either initiated by voter petition signed by at least 25 percent of the votes cast in the municipality at the last General Assembly election, or submitted to the voters by ordinance approved by an affirmative vote of at least two-thirds of the fully constituted membership of the municipal council.