40:75-34. Procedure where incumbent resigns; where incumbent contests recall; incumbent's petition
If the incumbent shall resign within three days after the certificate of notice shall have been served upon him, these proceedings shall be modified accordingly, and the election of his successor shall proceed as herein provided.
If the incumbent shall desire to contest his recall, he shall file with the clerk, at least fifteen days before the recall election, an incumbent's petition signed by at least fifteen per cent of the legal voters of the municipality in the following form:
"To the clerk of .......................... (insert name of municipality): You are hereby requested to place on the ballot at the recall election to be held on the ........ day of .................. , 19 ..... , as provided in your certificate of notice dated the ........ day of ................... , 19 ..... , the question of the recall of .......................... (name of incumbent), as follows:
If you are in favor of the recall of ........................ (name of incumbent), mark a cross (X) or plus (+) in the square opposite the word YES. If you are not in favor of his recall, mark a cross (X) or plus (+) in the square opposite the word NO.
] YES "Shall ..................... (name of incumbent)
[ ] NO be removed from the office of commissioner by recall?'
And for so doing this petition shall be your sufficient warrant.
Name. Street Address.
.................................... ......................................
.................................... ......................................
.................................... ......................................
I join in the above petition. ......................................
(Insert name of incumbent.)
Dated:
............................
State of New Jersey, ) ss.
County of ............. )
.............................. , being duly sworn according to law, says: That he is one of the signers of the above petition, and that he knows that the signatures thereon are in the handwriting of the signers, and to the best of his knowledge and belief are the signatures of the persons purporting to sign the same.
Subscribed and sworn to )
before me this ........... ) ................................"
day of .............. , 19 ........ )
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