Whenever a vacancy occurs in the membership of the Board of County Commissioners for any reason other than the expiration of the term, it shall be filled for the unexpired term at the next general election occurring not less than 60 days from the date of such vacancy; provided, however, that if the vacancy occurs at any time after 60 days prior to the general election occurring in the next to the last year in the term of office, the vacancy may be filled by appointment for the remainder of the unexpired term in the same manner as hereinafter provided for temporary appointments. Nominations and elections for the filling of a vacancy for the unexpired term shall be made in accordance with the pertinent provisions of Title 19 of the Revised Statutes and the "Optional County Charter Law" (P.L. 1972, c. 154).
The Board of County Commissioners may, by majority vote of its remaining members, fill vacancy temporarily by appointment until the election and qualification of a successor. If the Board of County Commissioners shall fail to fill the vacancy within 30 days of its occurrence, the office shall remain vacant until the election and qualification of a person to fill the vacancy for the unexpired term or to fill a full new term, as the case may be.
Whenever the offices of all or a majority of the members of the Board of County Commissioners shall become vacant for any reason, the existence of the vacancies shall be immediately certified to the Governor by any remaining member of the Board of County Commissioners or by the county clerk. The Governor upon receipt of such certification shall forthwith fill the vacancies temporarily by appointment until successors are elected and certified for the unexpired terms at the next general election occurring not less than 60 days subsequent to the certification of the existence of such vacancies. Any appointment made pursuant to this section to fill a vacancy occurring in the next to the last year of the term and certified any time after 60 days prior to the holding of the general election shall be made for the remainder of the term.
Any person appointed by the Board of County Commissioners or the Governor to fill a vacancy either for the unexpired term or temporarily, shall have all the qualifications required by statute to qualify for election to said office, and if the previous incumbent had been elected to office as the nominee of a political party as defined in Title 19 of the Revised Statutes, the person so appointed shall be of the same political party as the preceding incumbent.
Notwithstanding the provisions of any other law to the contrary, in any county which has adopted a form of government authorized under the provisions of P.L. 1972, c. 154 (N.J.S.A. 40:41A-1 et seq.), a proposition may be submitted to the voters of the county to change the term of office for the members of the Board of County Commissioners from three to four years, to provide for staggered terms of office for the members of the Board of County Commissioners, and to provide for biennial elections of members of the Board of County Commissioners.
The proposition shall be submitted either upon the adoption of an ordinance of the governing body of the county after public hearing thereon, or upon submission to the county clerk of a petition signed by a number of the legal voters of the county equal in number to at least 15% of the total votes cast in the county at the last election at which members of the General Assembly were elected. The proposition shall not be submitted more than once in any three year period.
A petition submitted pursuant to this section shall be verified, inspected and certified as to the authenticity of the signatures attached thereto by the county clerk within 20 days of submission, and shall be submitted at the next general election occurring at least 40 days after certification.
The question of increasing the term of office of the members of the Board of County Commissioners, providing for staggered terms of office for the members of the Board of County Commissioners, and providing for biennial elections of members of the Board of County Commissioners shall be submitted to the voters at the election in substantially the following form:
"Shall the term of office of the members of the Board of County Commissioners of Atlantic County be increased from three to four years and shall members of the Board of County Commissioners serve for staggered terms and be elected at biennial elections?"
A canvass and return of the vote upon the proposition shall be made by the election officers in the same manner as for officers voted for at the election, and a majority of all the votes cast upon the proposition in favor of the proposition shall be sufficient to make the change.