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.