STONE HARBOR – A spouter in this newspaper’s weekly Spout Off section recently commented on an issue that has been a matter of interest to second homeowners for years – not having the ability to vote in a place where they are required to pay property taxes.
“If Rehoboth (Beach), Delaware, figured out how to give second homeowners the right to vote in local elections, Stone Harbor should follow suit and make it happen here, too,” the Spout Off said.
The Spout Off added that second homeowners need the right to vote in order to elect new leadership in Stone Harbor and correct flaws in the local government.
However, the City of Rehoboth Beach did not reach the decision to offer the vote to nonresident homeowners all by itself. The Delaware General Assembly authorized municipalities to extend the right to vote to non resident property owners, and more than a dozen towns chose to do so, including Rehoboth Beach and the Town of Dewey Beach.
Another bill was passed by the Delaware House of Representatives by a 35-6 vote that would extend the right to vote to corporate entities and trusts. Rehoboth Beach allows a trust to vote as long as the trust is registered with the city. Those who lease may also vote providing they have a lease for at least 10 years (five years in Dewey Beach) and have had the lease for at least six months prior to the election. Some municipalities allow corporations or trusts to vote only in special elections, like on referenda and bond issues.
The Delaware Senate declined to take up the previous matter before its session ended, but the matter could be revisited when the new session begins in January 2024.
Rehoboth Beach and Dewey Beach each determined to offer the vote to nonresident voters because the municipalities decided property owners had a vested interest in the community. Both of these municipalities have specific regulations in place, such as registering a property deed with the county in order to vote in the municipal election.
Rehoboth Beach and Dewey Beach also hold municipal elections in August, which means nonresidents could not vote in two places, like in the presidential election. Most municipalities in Cape May County opted to move their municipal and school board elections to November to coincide with the general election as a money-saving effort. Only Ocean City, Sea Isle City, and Avalon have municipal elections on a date other than the first Tuesday in November.
In the event any town in Cape May County would like to offer the right to vote to nonresident homeowners, it would take action in the New Jersey General Assembly to change state statutes to allow nonresidents to vote.
Under current law, in order to vote in municipal elections in New Jersey, the voter must be a resident of the state and the municipality in which they intend to vote. According to the state Department of State website, a person wanting to register to vote must have established residency in the county 30 days prior to the election.
In the event the New Jersey Legislature was to permit nonresidents of a community to vote, second homeowners would not necessarily acquire a new cache of candidates to elect to office. The New Jersey First Act of 2011 requires that those who wish to hold an elected office must live in New Jersey. Chapter 70 of the New Jersey First Act requires that “every person holding an office with a municipality have his or her principal residence in the state of New Jersey.”
One’s “principal residence,” as described under the act, is the place where the person spends the majority of his or her nonworking time, is most clearly the center of his or her domestic life, and is designated as his or her legal address and legal residence for voting.
N.J.S.A. 19:13-8 says acceptance of an office “shall certify that the candidate is a resident of and a legal voter in the jurisdiction of the office for which the nomination is made.” N.J.R.S 40A:9-1.13 says that a candidate for a local elected office, including those appointed to an elected office, must live in the municipality for one year prior to the election date.
Cape May County Clerk Rita Rothberg said local ordinances generally contain residency requirements for holding elected office.
Alicia D’Allesandro, speaking on behalf of New Jersey Secretary of State Tahesha Way and the state Division of Elections, said there are several requirements to register to vote in New Jersey, including being a resident of your county for at least 30 days before an election.
Addressing voting in more than one community, D’Allesandro said, “With respect to the question of a voter being registered and permitted to vote in more than one location… in New Jersey, a person can have a number of residential locations but only one domicile for voting purposes.”
Arvene Kilby, acting chief of staff for the New Jersey First Legislative District team, said she is aware of the situation in Rehoboth Beach, but, to her knowledge, the matter has not come to the attention of state Sen. Michael Testa and Assemblymen Antwan McClellan and Erik Simonsen (all R-1st).
Contact the author, Christopher South, at csouth@cmcherald.com or 609-886-8600, ext.128.
