New Jersey § 19:27a-13

§ 19:27a-13.

a. (1) If the recall election official determines that a petition contains the required

number of signatures and otherwise complies with the provisions of this act and if

the official sought to be recalled makes no timely challenge to that determination,

or if the official makes such a challenge but the original determination is confirmed

by the recall election official or the court, the recall election official shall forthwith

issue a certificate as to the sufficiency of the petition to the recall committee. A copy of the certificate shall be served by the recall election official on the

elected official sought to be recalled by personal service or certified mail. If, within five business days of service of the certification, the official has

not resigned from office, the recall election official shall order and fix the holding

of a recall election on the date indicated in the certificate. (2) In the case of an office which is ordinarily filled at the general election, a

recall election shall be held at the next general election occurring at least 60 days following the fifth business day after service of the certification, unless

it was indicated in the notice of intention that the recall election shall be held

at a special election in which case the recall election official shall order and fix

the date for holding the recall election to be the next Tuesday occurring during the

period beginning with the 60th day and ending on the 66th day following the fifth business day after service of the certification of the petition

or, if that Tuesday falls on, or during the 28-day period before or after, a day on

which any general, primary, nonpartisan municipal, school district or other recall

election is to be held or shall have been held within all or any part of the jurisdiction,

then the first Tuesday thereafter which does not fall within such period. In the case of an office which is ordinarily filled at an election other than the

general election, a recall election shall be held at the next general election or

the next regular election for that office occurring at least 60 days following the fifth business day after service of the certification, unless

it was indicated in the notice of intention that the recall election shall be held

at a special election in which case the recall election official shall order and fix

the date for holding the recall election to be the next Tuesday occurring during the

period beginning with the 60th day and ending on the 66th day following the fifth business day after service of the certification of the petition

or, if that Tuesday falls on, or during the 28-day period before or after, a day on

which any general, primary, nonpartisan municipal, school district or other recall

election is to be held or shall have been held within all or any part of the jurisdiction,

then the first Tuesday thereafter which does not fall within such period. A recall election to be held at a special election shall not be scheduled on the

same day as a primary election. The date for a recall election shall not be fixed, and no recall election shall

be held, after the date occurring six months prior to the general election or regular

election for the office, as appropriate, in the final year of an official's term. (3) A vacancy in an elective office resulting from the resignation of an elective

official sought to be recalled prior to the expiration of the five-day period shall

be filled in the manner provided by law for filling vacancies in that office. b. The certificate issued by the recall election official shall contain: (1) the name and office of the official sought to be recalled; (2) the number of signatures required by law to cause a recall election to be held

for that office; (3) a statement to the effect that a valid recall petition, determined to contain

the required number of signatures, has been filed with the recall election official

and that a recall election will be held; and (4) the date and time when the election will be held if the official does not resign. c. The recall election official shall transmit a copy of the certificate to the officer

or public body designated by law to be responsible for publishing notice of any other

election to be held in the jurisdiction on the same day as the recall election, and

that officer or body shall cause notice of the recall election, including all of the

information contained in the certificate as prescribed by subsection b. of this section,

to be printed in a newspaper published in the jurisdiction of the official sought

to be recalled or, if none exists, in a newspaper generally circulated in the jurisdiction. The notice of the recall election shall appear on the same schedule applicable to

the notice of such other election. In the event that the recall election is to be held as a special election, the recall

election official shall transmit a copy of the certificate to the county board or

boards of elections, and the county board or boards shall cause notice of the recall

election to be printed, in the manner hereinbefore prescribed, once during the 30

days next preceding the day fixed for the closing of the registration books for the

recall election and once during the calendar week next preceding the week in which

the recall election is held.