Bill Text: NJ A165 | 2014-2015 | Regular Session | Introduced
Bill Title: Prohibits simultaneous holding of certain State, county and municipal elective offices; provides for transition period between offices.
Spectrum: Partisan Bill (Republican 3-0)
Status: (Introduced - Dead) 2014-01-16 - Introduced, Referred to Assembly State and Local Government Committee [A165 Detail]
Download: New_Jersey-2014-A165-Introduced.html
STATE OF NEW JERSEY
216th LEGISLATURE
PRE-FILED FOR INTRODUCTION IN THE 2014 SESSION
Sponsored by:
Assemblywoman AMY H. HANDLIN
District 13 (Monmouth)
Assemblyman PARKER SPACE
District 24 (Morris, Sussex and Warren)
Co-Sponsored by:
Assemblywoman McHose
SYNOPSIS
Prohibits simultaneous holding of certain State, county and municipal elective offices; provides for transition period between offices.
CURRENT VERSION OF TEXT
Introduced Pending Technical Review by Legislative Counsel
An Act prohibiting the simultaneous holding of certain elective offices and amending and supplementing various parts of the statutory law.
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 member of the Legislature shall hold at the same time another elective office in this State.
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. (New section) A member of the Legislature who is elected to another elective office in this State shall be permitted to hold both offices only for a period of thirty days. During this period, the member of the Legislature shall receive remuneration for only the new office to which the member has been elected.
3. 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 more than one of the following: an elective county office [and] an elective municipal office.
(2) It shall be [lawful] unlawful 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 believes he 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.
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.
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.
(cf: N.J.S.40A:9-4)
4. (New section) A person shall be permitted to hold simultaneously an elective county office, an elective municipal office, or the office of member of the General Assembly or Senate, only for a period of thirty days. During this period, the person shall receive remuneration for only the new elective office to which the person has been elected.
5. This act shall take effect immediately but remain inoperative until January 1 of the fourth year following enactment.
STATEMENT
Current State law prohibits a person from simultaneously holding more than one of the following offices: elector of President and Vice-President of the United States, member of the United States Congress, member of the Legislature, county clerk, register, surrogate or sheriff. It expressly permits a person to hold simultaneously an elective county office and an elective municipal office and allows a member of the Legislature to hold elective or appointive office in county or municipal government.
This bill amends existing law to (1) prohibit a member of the Legislature from holding another elective office in this State; and (2) prohibit a person from holding simultaneously an elective county office or an elective municipal office.
The bill also provides for a one month transition period, during which a person may hold two offices, but would be permitted to receive remuneration for only the new office.
The bill would take effect immediately but would be inoperative until January 1 of the fourth year following enactment.
