New Jersey-2014-ACR197-Introduced

A Concurrent Resolution proposing to amend Article V, Section I, paragraph 7 of the Constitution of the State of New Jersey.

Be It Resolved by the General Assembly of the State of New Jersey (the Senate concurring):

1. The following proposed amendment to the Constitution of the State of New Jersey is hereby agreed to:

PROPOSED AMENDMENT

Amend Article V, Section I, paragraph 7 to read as follows:

7. In the event of the failure of the Governor-elect to qualify[, or of the absence from the State of a Governor in office], or the Governor's inability to discharge the duties of the office, or the Governor's impeachment, the functions, powers, duties and emoluments of the office shall devolve upon the Lieutenant Governor, until the Governor-elect qualifies, or the Governor [in office returns to the State, or] is no longer unable to discharge the duties of the office, or is acquitted, as the case may be, or until a new Governor is elected and qualifies. In the event that the Lieutenant Governor in office [is absent from the State, or] is unable to discharge the duties of the office, or is impeached, or if the Lieutenant Governor-elect fails to qualify, or if there is a vacancy in the office of Lieutenant Governor, the functions, powers, duties, and emoluments of the office of Governor shall devolve upon the President of the Senate. In the event there is a vacancy in the office of the President of the Senate, or of the Senate President's [absence from the State,] inability to discharge the duties of the office, or impeachment, then such functions, powers, duties, and emoluments shall devolve upon the Speaker of the General Assembly. In the event there is a vacancy in the office of Speaker of the General Assembly, or of the Speaker's [absence from the State,] inability to discharge the duties of the office, or impeachment, then such functions, powers, duties, and emoluments shall devolve upon such officers and in the order of succession as may be provided by law. The functions, powers, duties, and emoluments of the office of Governor shall devolve upon the President of the Senate, the Speaker of the General Assembly or another officer, as the case may be, until the Governor-elect or Lieutenant Governor-elect qualifies[, or the Governor or Lieutenant Governor in office returns to the State], or is no longer unable to discharge the duties of the office, or is acquitted, or until a new Lieutenant Governor is appointed, as the case may be, or a new
Governor or Lieutenant Governor is elected and qualifies.

(cf: Art. V, Sec. I, par. 7, amended effective January 17, 2006)

2. When this proposed amendment to the Constitution is finally agreed to pursuant to Article IX, paragraph 1 of the Constitution, it shall be submitted to the people at the next general election occurring more than three months after the final agreement and shall be published at least once in at least one newspaper of each county designated by the President of the Senate, the Speaker of the General Assembly and the Secretary of State, not less than three months prior to the general election.

3. This proposed amendment to the Constitution shall be submitted to the people at that election in the following manner and form:

There shall be printed on each official ballot to be used at the general election, the following:

a. In every municipality in which voting machines are not used, a legend which shall immediately precede the question as follows:

If you favor the proposition printed below make a cross (X), plus (+), or check (a) in the square opposite the word "Yes." If you are opposed thereto make a cross (X), plus (+) or check (a) in the square opposite the word "No."

b. In every municipality the following question:

		CONSTITUTIONAL AMENDMENT TO ALLOW GOVERNOR TO SERVE WHEN ABSENT FROM THE STATE
	YES	Do you approve changing the Constitution to allow the Governor to still serve as Governor when he is absent from the State?
		INTERPRETIVE STATEMENT
	NO	Currently, the Lieutenant Governor serves as the Acting Governor when the Governor is not in the State. This change would allow the Governor to still serve as Governor when he is away from the State. If this change is approved, the Lieutenant Governor would no longer serve as Acting Governor when the Governor is away from the State. The Lieutenant Governor will still serve as Acting Governor if the Governor is unable to discharge the duties of the office or is impeached.

STATEMENT

This concurrent resolution proposes an amendment to the New Jersey Constitution which would allow a Governor to keep the executive powers of the office when absent from the State.

At present, when the Governor is out of State, the Lieutenant Governor becomes Acting Governor.