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Sunday, March 26, 2017

STEVEN CALTABIANO V. GILDA T. GILL A-2805-16T4

STEVEN CALTABIANO V. GILDA T. GILL 
A-2805-16T4 
After the voters of Salem County approved a referendum at the November 2016 General Election, pursuant to N.J.S.A. 40:20-20, to reduce the size of the Freeholder Board from seven to five members, the County Clerk determined that the transition procedure would be to place five new freeholders positions on the 2017 ballot, with those elected to take office on the Monday following that election, at which time the terms of all existing freeholders would terminate. 

A challenge was brought, and the trial court approved the Clerk's determination. We reversed, holding that the transition should be accomplished by placing on the 2017 ballot only one freeholder position. Because the terms of three existing freeholders expire at the end of 2017, the reduction to five members would thus be accomplished without prematurely terminating the terms of any existing freeholders.