[Adopted 3-22-2021 by Ord. No. MC 3763]
The provisions of this article shall apply exclusively to the Offices of Mayor, Council Member-At-Large and Ward Council Member.
In addition to being a registered voter in the Township of Irvington at the time petitions of nomination are filed as required by New Jersey statute, candidates for local elected office, as described in this article, must complete the Township of Irvington Candidate Affidavit Form with all required information, as set forth in this article, to verify their residency in the Township of Irvington and in a particular Ward as applied to candidates for Ward positions. All of the information and requirements set forth in the Township of Irvington Candidate Affidavit Form must be current and valid as of the date of submission to the Clerk to receive certification to appear on the ballot and through election and in order to assume elected office unless a valid and eligible change of address is submitted to the Clerk.
A. 
To ensure all new candidates live in the Township and to maintain the integrity of Irvington Municipal elections, there is hereby created the Township of Irvington Candidate Affidavit Form which must be completed by candidates as set forth above and to which must be attached certain documents. Candidate shall provide personal income tax returns for the last calendar preceding the year of the municipal election for which the candidate seeks office. The sole purpose of the submission is to serve as a point of proof that the candidate lives in the Township for Mayor and Council-At-Large candidates and proof that the candidate lives in the proper Township Election Ward for the Ward Council member office they are seeking. All candidates must submit Township of Irvington Candidate Affidavit Form in a manner and in a form approved by the Municipal Clerk and Township Attorney under penalty of perjury, signed by the candidate verifying that the address on the documents is the candidate's primary residence.
B. 
In addition to all other candidate qualifications requirements under New Jersey law, including but not limited to having the candidate's primary residence in the Township of Irvington and in a particular Ward as the case may be, candidates must provide the following:
(1) 
The last 12 months prior to the election of bank statements and utility bills, including but not limited to cable, phone, gas and electric showing the candidate's permanent residence; if a candidate does not have bank statements or utility bills for their permanent address to submit, the candidate shall set forth that information on the Township of Irvington Candidate Affidavit Form; and
(2) 
Recorded deed or rental or lease agreement for the candidate's permanent residence. If the candidate is not living in the permanent residence under a rental or leasehold agreement, the candidate shall set forth that information on the Township of Irvington Candidate Affidavit Form and attach an affidavit, in a form approved by the Clerk and the Township Attorney, from the homeowner or authorized legal representative of the entity verifying that the candidate is living in the home as his or her primary residence.
C. 
If the lease or rental agreement expiration date is less than 12 months prior to the date of the election, the candidate shall provide proof of residency covering that period as set forth above.
D. 
Proof of motor vehicle registration and insurance shall be provided if any motor vehicles are registered to the candidate setting forth the address of the candidate's permanent residence. In addition, proof of a valid New Jersey driver's license showing his or her address of permanent residence on the license must be consistent with the address shown on the nomination papers. If the residence address on either the driver's license or auto registration is in the process to being changed, the candidate must provide a document from the New Jersey Department of Motor Vehicles (DMV) verifying the change is in process. Only if a candidate does not own an automobile and does not have a New Jersey driver's license, shall the candidate state that information on the Township of Irvington Candidate Affidavit Form and submit another State of New Jersey issued identification showing that the address on the identification document is consistent with the address shown on the nomination papers.
E. 
The candidate's name and address must be consistent with the information in the candidate's nomination papers. In the event a utility bill has not been generated, a letter from an authorized representative of the utility provider stating that an account has been opened in the candidate's name will suffice. If there is an agreement with a landlord or other legal entity, as verified by a rental contract or lease contract, that the landlord or other legal entity will pay the bill and/or the utility bill, the candidate must submit that information on the Township of Irvington Candidate Affidavit Form and attach an affidavit signed by the landlord or the other legal entity's authorized legal representative under penalty of perjury, verifying that the landlord or other legal entity is responsible for paying the utility bill.
F. 
Failure to provide any of the above-required documents on or before the closing date to file nomination papers will disqualify a candidate from being certified to appear on the ballot for elected municipal office in the Township of Irvington. Willfully submitting false, forged, altered documents or coercing or unduly influencing persons providing affidavit documents will also disqualify candidates and could constitute a criminal law violation in addition to any other legal remedy available to enforce a similar fraudulent act.
No earlier than the initial filing date for documents related to a candidate running for a Township elective office and no later than the closing date to file nomination papers, candidates are required to file all of the documents specified in this article to the Irvington Municipal Clerk's office for verification. The Municipal Clerk will review and verify that all required information is correct and meets the requirements of the Uniform Non-Partisan Election Law and the provisions of this article. The Municipal Clerk will diligently work to review and verify all residency documents submitted. No later than three calendar from the last day to file petitions of nomination, the Municipal Clerk's office shall complete the review and verification of the documents. The Municipal Clerk will then do one of the following:
A. 
If any deficiencies are discovered in the documents provided or certain documents are missing, the Municipal Clerk's office will provide a letter to the candidate showing the specific deficiency(s) or missing document(s). The candidate will have three calendar days from the last day to file petitions of nomination to correct the deficiencies and resubmit the required documents for verification to the Municipal Clerk; or
B. 
If the candidate either fails to complete verification of all of the requirements of this article within the prescribed time limits, or the resubmitted documents do not meet the requirements of the article, the Municipal Clerk's office will provide a letter to candidate advising him or her of the failure to meet the requirements of this article and will not certify the candidate to appear on the ballot; or
C. 
If the resubmitted documents by the candidate meet all the residency requirements of this article, the Municipal Clerk's office will certify that the candidate's residency requirements have been met and provide a letter to the candidate indicating that they have done so.
The Township Local Elected Mayor and Council Members-At-Large are required to live in the Township during their entire term in office. Ward Council Members are required to live in the ward they represent during their entire term in office. To ensure that the Mayor and Council Members-At-Large live in the Township, and Ward Council Members continue to live in the ward they represent, each elected official may be requested to submit the following documents to the Municipal Clerk during any given year in office:
A. 
In the event that a local elected official, as described in this article, moved to a new residence in the district after the filing of the previous affidavit, the local elected official, as described in this article, may confirm the new district address within 90 days of moving, by providing the documents to the Municipal Clerk.
B. 
Incumbent local elected officials, as described in this article, who have not relocated since the information required by this article was last provided, may comply with this article by supplying a Township of Irvington Candidate Affidavit Form indicating that they have not relocated, and all previously supplied information remains true and correct.
A. 
Willfully submitting false, forged, altered documents or coercing or unduly influencing persons providing affidavit documents shall disqualify a candidate and constitute a criminal law violation in addition to any other legal remedy available to enforce a similar fraudulent act. If there is a material failure to meet the required conditions, the candidate shall not be permitted to take office.
B. 
Any fraudulent residency complaints shall be submitted to the Township Attorney. The Township Attorney will review and refer all complaints to the Essex County Prosecutor as appropriate. The Municipal Clerk and Township Attorney shall have the discretion to hire outside attorneys and/or investigators to investigate residency complaints and if sufficient evidence of fraud is found during the investigation submit information to be used in a determination to disqualify the candidate and elect to prosecute.