Bill Text: NJ A1132 | 2022-2023 | Regular Session | Introduced
Bill Title: Provides for vacancy in county surrogate, clerk, register of deeds and mortgages, and sheriff offices occurring 70 days before general election to be filled at second succeeding general election.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2022-01-11 - Introduced, Referred to Assembly State and Local Government Committee [A1132 Detail]
Download: New_Jersey-2022-A1132-Introduced.html
STATE OF NEW JERSEY
220th LEGISLATURE
PRE-FILED FOR INTRODUCTION IN THE 2022 SESSION
Sponsored by:
Assemblyman CHRISTOPHER P. DEPHILLIPS
District 40 (Bergen, Essex, Morris and Passaic)
SYNOPSIS
Provides for vacancy in county surrogate, clerk, register of deeds and mortgages, and sheriff offices occurring 70 days before general election to be filled at second succeeding general election.
CURRENT VERSION OF TEXT
Introduced Pending Technical Review by Legislative Counsel.
An Act concerning the timeframe for filling vacancies in certain county offices at a general election and amending various parts of the statutory law.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. N.J.S.2B:14-5 is amended to read as follows:
2B:14-5. Filling vacancy in Surrogate's office. If a Surrogate does not take office within 30 days after the end of the preceding term or a vacancy occurs in the office of Surrogate, the Governor, with advice and consent of the Senate, shall fill the vacancy from the political party of the person last elected to the office. The person appointed shall serve until election and qualification of a successor. Election of a successor for a five-year term shall occur at the next general election unless the vacancy occurs within [37] 70 days before the election, in which case it shall occur at the second succeeding general election.
(cf: N.J.S.2B:14-5)
2. N.J.S.40A:9-70 is amended to read as follows:
40A:9-70. When a vacancy shall occur in the office of the county clerk of any county other than by expiration of term, the Governor shall fill such vacancy with the advice and consent of the Senate by appointment of a member of the same political party as that of the previous incumbent of the office, and the commission of said appointee shall expire when a successor is elected and qualified. The successor in such case shall be elected for a term of 5 years at the general election next succeeding the happening of the vacancy unless such vacancy shall occur within [37] 70 days next preceding such election, in which case it shall be filled at the second succeeding general election.
(cf: N.J.S.40A:9-70)
3. N.J.S.40A:9-88 is amended to read as follows:
40A:9-88. When a vacancy shall occur in the office of the register of deeds and mortgages of any county other than by expiration of term, the Governor shall fill such vacancy with the advice and consent of the Senate, by appointment of a member of the same political party as that of the previous incumbent of the office, and the commission of said appointee shall expire when a successor is elected and qualified. The successor in such case shall be elected for a term of 5 years at the general election next succeeding the happening of the vacancy unless such vacancy shall occur within [37] 70 days next preceding such election, in which case it shall be filled at the second succeeding general election.
(cf: N.J.S.40A:9-88)
4. N.J.S.40A:9-102 is amended to read as follows:
40A:9-102. When a vacancy shall occur in the office of sheriff of any county, other than by expiration of term, the Governor shall fill such vacancy with the advice and consent of the Senate by appointment of a member of the same political party as that of the previous incumbent of the office, and the commission of said appointee shall expire when a successor is elected and qualified. The successor in such case shall be elected for a term of 3 years at the general election next succeeding the happening of the vacancy unless such vacancy shall occur within [37] 70 days next preceding such election, in which case it shall be filled at the second succeeding general election.
(cf: N.J.S.40A:9-102)
5. This act shall take effect immediately.
STATEMENT
This bill provides that a vacancy in the offices of county surrogate, county clerk, county register of deeds and mortgages, and county sheriff will be filled at the second succeeding general election if the vacancy occurs 70 days before the general election.
Under current law, when a vacancy occurs in these county offices, other than by expiration of the term, the Governor is required to fill the vacancy with the advice and consent of the Senate by appointing a member of the same political party as that of the previous incumbent of the office. That appointment continues until a successor is elected and qualified. The successor is required to be elected for a specified term at the general election next succeeding the occurrence of the vacancy. However, if the vacancy occurs within 37 days next preceding the general election, the vacancy is required to be filled at the second succeeding general election. This bill changes that 37 days to 70 days.
The timeframe established in this bill matches the same timeframe for filling vacancies in other public offices at the general election in accordance with Title 19 of the Revised Statutes, thereby accomplishing uniformity in the election administration process. This timeframe also allows for compliance with the requirements established under federal and State law for the mailing of vote-by-mail ballots to voters at least 45 days before the general election.
