State Codes and Statutes

Statutes > New-jersey > Title-40a > Section-40a-9 > 40a-9-81

40A:9-81.  Establishment of office of register of deeds and mortgages in certain counties;  referendum
    In every county having a population of more than 250,000 there may be a register of deeds and mortgages in and for such county.  In any such county wherein the office of register of deeds and mortgages has not been established,  the question of the establishment of such office may be submitted to the legal  voters of the county upon the adoption of a resolution by the governing body of  the county authorizing the placement of that question on the ballot.  Where the  question of the establishment of such office is to be submitted, it shall be  submitted at the general election preceding the one at which the county clerk  is to be elected in that county. The county clerk of every such county shall  cause the question to be placed upon the official ballot to be used at the  general election in the manner provided by law in substantially the following  form: "Shall the office of the register of deeds and mortgages be established  and a register be elected in county next year?"   Immediately to the left of the question there shall be printed the words  "Yes"  and  "No" , each  with a square, in either of which the voter may make a cross ( x ), or a plus  sign (+) or check mark ( X ) according to his choice.  There shall also be  printed the following:   "Place a cross ( x ), or a plus sign (+) or check mark  ( X ) in one of the above squares indicating your choice." If voting machines  are used, a vote of "Yes"  or  "No"  shall be equivalent to such markings,  respectively.

     (insert name of county)

    The votes shall be canvassed and returned in the manner provided by law. If  a majority of the legal voters, voting on the question, shall vote "Yes," the  office of register of deeds and mortgages shall be established and a register  of deeds and mortgages shall be elected in such county at the next general  election.  If a majority of the legal voters voting on the question shall vote   "No,"  the office shall not be established and the county clerk shall continue  to perform the duties of a county recording officer and the question shall not  be submitted again to the legal voters of that county except upon a petition  signed by 10% of the registered voters of the county and not until five years  shall have elapsed since the prior referendum.

     L.1971, c. 200, s. 1, eff. July 1, 1971.  Amended by L.1983, c. 311, s. 1, eff. Aug. 26, 1983.