Sponsored by:
Assemblyman MICHAEL J. PANTER
District 12 (Mercer and Monmouth)
Assemblywoman LINDA R. GREENSTEIN
District 14 (Mercer and Middlesex)
Co-Sponsored by:
Assemblymen Conners, Gordon, Greenwald, Assemblywoman Lampitt and Assemblyman Chivukula
SYNOPSIS
Prohibits newly elected public office holders from simultaneously holding more than one elective office.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning persons holding more than one elective public office simultaneously, amending and supplementing chapter 3 of Title 19 of the Revised Statutes and amending N.J.S.40A:9-4.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. R.S.19:3-5 is amended to read as follows:
19:3-5. No person shall hold at the same time more than one of the following offices: elector of President and Vice-President of the United States, member of the United States Senate, member of the House of Representatives of the United States, member of the Senate or of the General Assembly of this State, county clerk, register, surrogate or sheriff.
No person shall hold the office of member of the Senate or the General Assembly of this State and, at the same time, hold any other elective public office in this State, except that any person who holds the office of member of the Senate or the General Assembly and, at the same time, holds any other elective public office on the effective date of P.L. , c. (pending before the Legislature as this bill) may continue to hold that office of member of the Senate or that office of member of the General Assembly, and may hold that other elective public office at the same time if service in the Senate or the General Assembly and the other elective office are continuous following the effective date of P.L. , c. (pending before the Legislature as this bill).
No person shall be elected an elector of President and Vice-President of the United States unless he shall possess the qualifications of a legal voter of the State, shall be of the age of 25 years or upwards and shall have been a citizen of the United States [7] seven years next preceding such election.
No person shall be elected a member of the House of Representatives, or an elector of President and Vice-President who shall hold any office of trust or profit under the United States.
(cf: P.L.1971, c.2, s.9)
2. N.J.S.40A:9-4 is amended to read as follows:
40A:9-4. (1) It shall be [lawful] unlawful for a person to hold simultaneously an elective county office and an elective municipal office.
(2) It shall be lawful for a member of the Legislature of the State to hold simultaneously any [elective or] appointive office or position in county or municipal government.
(3) Nothing contained in
this section shall be deemed to prevent the incumbent of any office from
abstaining from voting in any
matter in which [he]
the incumbent believes he or she has a conflict of duty or of
interest, nor to prevent a challenge of a right to vote on that account under
the principles of the common law or any statute.
(4) a. [Nothing herein contained shall be deemed to repeal or supersede any statute prohibiting the dual holding of offices or positions] (Deleted by amendment, P.L. , c. )(pending before the Legislature as this bill).
b. [This section shall apply to persons now holding elective offices or positions with the counties and municipalities or now serving as members of the Legislature of the State] (Deleted by amendment, P.L. , c. )(pending before the Legislature as this bill).
c. For the purposes of this section the term “elective office” shall mean an office to which an incumbent is elected by the vote of the general electorate.
(5) Notwithstanding the provision of paragraph (1) of this section, a person who, on the effective date of P.L. , c. (pending before the Legislature as this bill), holds simultaneously an elective county office and an elective municipal office may continue to hold the elective offices simultaneously if service in those elective offices is continuous following the effective date of P.L. , c. (pending before the Legislature as this bill).
(cf: N.J.S.40A:9-4)
3. (New section) a. For elective public office other than as provided in R.S.19:3-5 or N.J.S.40A:9-4, a person elected to public office in this State shall not hold simultaneously any other elective public office.
b. Notwithstanding the provision of subsection a. of this section, a person who holds simultaneously more than one elective public office on the effective date of P.L. , c. (pending before the Legislature as this bill) may continue to hold the elective public offices simultaneously if service in those elective public offices is continuous following the effective date of P.L. , c. (pending before the Legislature as this bill).
4. This act shall take effect on February 1, 2008.
STATEMENT
This bill prohibits the holding simultaneously of more than one elective public office in this State.
The prohibition will not apply to an elected official who simultaneously holds more than one elective public office on the bill’s effective date of February 1, 2008, as long as service in those particular offices is continuous following that effective date.
However, under the bill, the office of member of the Senate and the office of member of the General Assembly are separate offices. This means that a legislator who holds another elective public office, and by election or selection, moves from one house of the Legislature to the other house thereof, after the bill takes effect, could not both serve in the Legislature and hold that other office.