New Jersey-2016-ACR22-Introduced

A Concurrent Resolution to amend Article I, paragraph 2 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 I, paragraph 2 to read as follows:

2. a. All political power is inherent in the people. Government is instituted for the protection, security, and benefit of the people, and they have the right at all times to alter or reform the same, whenever the public good may require it.

b. The people reserve unto themselves the power to recall, after at least one year of service, any elected official in this State or representing this State in the United States Congress. The Legislature shall enact laws to provide for such recall elections. Any such laws shall include a provision that a recall election shall be held upon petition of at least 25% of the [registered] number of voters who voted at the most recent general election in the electoral district of the official sought to be recalled. If legislation to implement this constitutional amendment is not enacted within one year of the adoption of the amendment, the Secretary of State shall, by regulation, implement the constitutional amendment, except that regulations adopted by the Secretary of State shall be superseded by any subsequent legislation consistent with this constitutional amendment governing recall elections. The sufficiency of any statement of reasons or grounds procedurally required shall be a political rather than a judicial question.

(cf: Article I, paragraph 2 amended effective January 1, 1994)

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 CHANGE SIGNATURE REQUIREMENT ON RECALL PETITION
	YES	Shall the amendment to Article I, paragraph 2 of the Constitution of the State of New Jersey, changing the signature requirement on petitions to recall elected officials, be approved?
		INTERPRETIVE STATEMENT
	NO	This constitutional amendment would change the signature requirement for a petition to recall an elected official. At present, in order to have the question of the recall of an elected official placed on the ballot for consideration by the voters, a recall petition must be signed by at least 25% of the registered voters in the electoral district of the official sought to be recalled. The proposed amendment would change the required signatures to 25% of the number of voters who voted at the most recent general election in the electoral district of the official sought to be recalled.

SCHEDULE

This constitutional amendment shall become part of the Constitution on January 1 next following the general election at which it is approved by the voters.

STATEMENT

This constitutional amendment would change the signature requirement for a petition to recall an elected official. At present, in order to have the question of the recall of an elected official placed on the ballot for consideration by the voters, a recall petition must be signed by at least 25% of the voters in the electoral district of the official sought to be recalled. The proposed amendment would change the required signatures to 25% of the number of registered voters who voted at the most recent general election in the electoral district of the official sought to be recalled.