On Jan. 17, Gov. Chris Christie signed a bill, P.L.2011, c.202, allowing districts, municipalities, or voters to opt to move the annual school election to the general election in November. This action eliminates the vote on school budgets for such districts, except for separate proposals to spend above the cap—i.e., if the proposed budget is at or below cap, then there will be no public vote on the budget.
Frequently asked questions
When can we expect to see school elections move to November?
As a result of this legislation, we may immediately start seeing boards of education or municipalities pass resolutions to move this year’s April elections to November.
Who can decide to move a school election date and how long does it take to initiate the move?
School boards, municipalities, or voters can initiate the change in date. A school election can be moved immediately following a school board or municipal resolution. There is a two-step process to move the election via voter petition. Moving the election via voter petition can only be done in November during the general election.
How do you move a school election via school board resolution?
- The school board must adopt a resolution moving school elections to November.
- If the resolution is adopted, the election of board members and second above cap budget questions shall be moved to November.
- The school board must approve a resolution no later than February 17, 2012, and must immediately notify the county clerk in order to move school elections for 2012.
- Procedures are the same for a municipal resolution.
How do you move a school election via municipal resolution?
- The municipality must adopt a resolution moving school elections to November.
- If the resolution is adopted, the election of board members and second above cap budget questions shall be moved to November.
- The municipality must approve a resolution no later than February 17, 2012, and must immediately notify the county clerk in order to move school elections for 2012.
- Procedures are the same for a school board resolution.
How can a school election be moved by voter petition?
- Any citizen can initiate a petition to request a vote to move school elections from April to November.
- To be valid, the number of signatures on the petition must be equal to or greater than 15 percent of the total number of votes cast in the previous presidential election.
- The petition must be filed with the district’s board of education at least 60 days prior to the November general election.
- A successful petition will result in a ballot question at the next general election asking voters to approve moving school elections from April to November.
What happens if the ballot question to move the election fails?
- A subsequent petition to move the election cannot be filed until at least one year after the defeat. This is to prevent the question from going on the ballot every November.
Who pays for the costs associated with moving the school election?
If a school election is moved to November, the school board will be required to pay for any additional costs associated with this move, regardless of the mechanism (municipal resolution, voter petition, school board resolution) used to move the vote.
If a district budget is at or under cap and the school election is moved to November, then will there be a vote on the budget?
No, any district that budgets at or under cap and moves the election, does not vote on the budget. There will be a vote for school board candidates and any second questions.
If a district moves its school elections to November and budgets above cap, then is there a vote on the budget?
Yes, voters will vote on the portion of the budget that is above the cap. In addition, voters also will vote for school board candidates.
If a district budgets at or below cap and does NOT move the election, then is there a vote on the budget?
Yes, any district that does not move its school elections to November will continue to hold school elections as they do now in April.
If a district moves its school election to November, can it be moved back?
The election may not be moved back to April until the completion of four election cycles, regardless of the procedure that was originally used to move the election to November.
What are the procedures to move a school election back to April?
The procedures to move a school election back to April, including a vote on the entire budget, can be accomplished using any of the procedures that are used to move the elections to November. However, school elections cannot be moved back until the completion of four election cycles.
If the school election moves to November, will the school board candidate elections continue to be non-partisan?
Yes, the school board candidate election remains non-partisan even if moved to the November general election ballot.
What happens to board members whose terms expire in April if school elections are moved to November?
- School board members whose terms end in April will maintain their seats until the re-organization in January.
- School board members who are elected in November will take their seats at the re-organization in January.
What is the procedure for moving school elections in regional school districts?
- If the board of education of a regional school district passes a resolution to move the election from April to November, the election shall be moved. The constituent districts’ school elections are unaffected by this decision.
- If one of the municipalities in a regional school district passes a resolution to move the election from April to November, then the other municipality(ies) must also do so in order for the regional school election to be moved.
- To move the school election through petition and subsequent voter approval, the petition must have at least 15 percent of the total number of voters in the last presidential election in all districts to place the question on the ballot. A simple majority of voters in that regional district then must approve the ballot question to move the election from April to November.
- If all the constituent districts move each of their school elections to November, the regional district must move its school election to November.
How will the budget timeline be affected if a district moves its school election?
- If the election remains in April, there are no changes to the current procedures and timelines.
- Budgeting guidelines and timelines will be unchanged regardless of when elections are to take place.
- Districts that move their elections to November must submit temporary budgets by May 19. This is also the date when budgets defeated in the April elections must be certified and submitted to the Executive County Superintendent.
How does this law affect special elections dealing with bond referenda?
This law does not affect special elections dealing with bond referenda.
What happens if a school election remains in April?
If districts maintain their school elections in April, then there are no changes to the procedures they currently follow and voters will continue to vote on the school budget.
How will second questions be affected if a school election is changed to November?
Second questions are submitted for voter approval consistent with current regulations except that the vote will take place in November.