New Jersey-2012-A2451-Introduced

An Act concerning elective and appointive office holding and amending R.S.19:3-5, N.J.S.40A:9-4 and P.L.2007, c.161 and supplementing chapter 3 of Title 19 of the Revised Statutes.

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]. 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.2007, c.161 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.2007, c.161.] P.L. , c. (pending before the Legislature as this bill) may continue to hold such offices until the expiration date of the term of office that occurs next following the effective date, from which date thereafter the person may hold only one elective public office.

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 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.2007, c.161, s.1)

2. N.J.S.40A:9-4 is amended to read as follows:

40A:9-4. (1) It shall be unlawful for a person to hold simultaneously an elective county office and an elective municipal office.

(2) It shall be [lawful] unlawful for a member of theLegislature
of the State, and for a person holding elective county office or elective municipal office, to hold simultaneously any salaried appointive office or position in State, county or municipal government or on any authority thereof. A person who, on the effective date of P.L. , c. (pending before the Legislature as this bill), holds simultaneously an elective public office and an appointive public office may continue to hold such offices until the expiration date of the term of the elective office that occurs next following the effective date, from which date thereafter the person may hold only one public office or position.

(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 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. (Deleted by amendment, P.L.2007, c.161).

b. (Deleted by amendment, P.L.2007, c.161).

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.2007, c.161] 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.2007, c.161] such offices until the expiration date of the term of office that occurs next following the effective date, from which date thereafter the person may hold only one elective public office.

(6) It shall be lawful for a member of a volunteer fire company, ambulance, first aid, hazardous materials, or rescue squad, including an officer of the company or squad, to serve as an elected official on the governing body of the municipal government wherein the emergency services are provided; however, the volunteer shall recuse himself from any vote concerning the emergency services provider of which he is a member.

(cf: P.L.2009, c.206, s.1)

3. Section 3 of P.L.2007, c.161 (C.19:3-5.2) is amended to read as follows:

3. 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.2007, c.161 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.2007, c.161] P.L. , c. (pending before the Legislature as this bill) may continue to hold such offices until the expiration date of the term of office that occurs next following the effective date, from which date thereafter the person may hold only one elective public office.

(cf: P.L.2007, c.161, s.3)

4. (New section) a. A person elected to any public office in this State shall not hold simultaneously any salaried appointive office or position in State, county, or municipal government, or on any authority thereof.

b. Notwithstanding the provisions of subsection a. 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 public office and an appointive public office may continue to hold such offices until the expiration date of the term of the elective office that occurs next following the effective date, from which date thereafter the person may hold only one such office.

5. This act shall take effect immediately.

STATEMENT

Under current law, a person elected to public office in this State is prohibited from holding simultaneously any other elective public office. Persons who simultaneously held more than one elective public office on February 1, 2008 were permitted to continue to hold the elective public offices simultaneously if service in those elective public offices was continuous following that effective date. This bill removes that exception. Persons who were allowed to hold multiple elective public offices will be permitted to hold those offices only until the expiration date of the term of office that occurs next following the bills' effective date. From then on, the person may hold only one elective public office.

This bill also expands this prohibition against dual office holding by also prohibiting a person elected to any public office in this State from simultaneously holding a salaried appointive public office or position in State, county, or municipal government, or on any authority thereof.

The bill is prospective in its application, so that a person who holds simultaneously an elective public office and a salaried appointive public office on the effective date of the bill may continue to hold the elective and appointive public offices simultaneously until the expiration date of the term of the elective office that occurs next following the bill's effective date. From then on, the person may hold only one office.