Bill Text: NJ SCR98 | 2010-2011 | Regular Session | Introduced


Bill Title: Constitutional amendment providing that elections occur only in even numbered years.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2010-05-10 - Introduced in the Senate, Referred to Senate State Government, Wagering, Tourism & Historic Preservation Committee [SCR98 Detail]

Download: New_Jersey-2010-SCR98-Introduced.html

SENATE CONCURRENT RESOLUTION No. 98

STATE OF NEW JERSEY

214th LEGISLATURE

 

INTRODUCED MAY 10, 2010

 


 

Sponsored by:

Senator  JOSEPH M. KYRILLOS, JR.

District 13 (Middlesex and Monmouth)

 

 

 

 

SYNOPSIS

     Constitutional amendment providing that elections occur only in even numbered years.

 

CURRENT VERSION OF TEXT

     As introduced.

  


A Concurrent Resolution proposing to amend Articles II, IV, VII and XI of the Constitution of the State of New Jersey.

 

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

 

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

 

PROPOSED AMENDMENT

 

     a.     Amend Article II, Section I, paragraph 1 to read as follows:

     1.    General elections shall be held [annually] on the first Tuesday after the first Monday in November in even numbered years; but the time of holding such elections may be altered by law. The Governor, Lieutenant Governor, and members of the Legislature shall be chosen at general elections.  Local elective officers shall be chosen at general elections or at such other times as shall be provided by law.

(cf: Art.II, Sec.I, par.1, amended effective January 17, 2006)

 

     b.    Amend Article IV, Section I, paragraph 3 to read as follows:

     3.    Each Legislature shall be constituted for a term of 2 years beginning at noon on the second Tuesday in January in each [even] odd numbered year, at which time the Senate and General Assembly shall meet and organize separately and the first annual session of the Legislature shall commence. Said first annual session shall terminate at noon on the second Tuesday in January next following, at which time the second annual session shall commence and it shall terminate at noon on the second Tuesday in January then next following but either session may be sooner terminated by adjournment sine die. All business before either House or any of the committees thereof at the end of the first annual session may be resumed in the second annual session. The legislative year shall commence at noon on the second Tuesday in January of each year.

(cf: Art.IV, Sec.I, par.3, amended effective December 3, 1968)

 

     c.     Amend Article IV, Section II, paragraph 2 to read as follows:

     2.    Each senator shall be elected by the legally qualified voters of the Senate district, except that if the Senate district is composed of two or more counties and two senators are apportioned to the district, one senator shall be elected by the legally qualified voters of each Assembly district. Each senator shall be elected for a term beginning at noon of the second Tuesday in January next following his election and ending at noon of the second Tuesday in January four years thereafter, except that each senator, to be elected for a term beginning in January of the [second] year following the year in which a decennial census of the United States is taken, shall be elected for a term of two years.

(cf: Art.IV, Sec.II, par.2, amended effective December 8, 1966)

 

     d.    Amend Article IV, Section III, paragraph 1 to read as follows:

     1.    After the next and every subsequent decennial census of the United States, the Senate districts and Assembly districts shall be established, and the senators and members of the General Assembly shall be apportioned among them, by an Apportionment Commission consisting of ten members, five to be appointed by the chairman of the State committee of each of the two political parties whose candidates for Governor receive the largest number of votes at the most recent gubernatorial election.  Each State chairman, in making such appointments, shall give due consideration to the representation of the various geographical areas of the State. Appointments to the Commission shall be made on or [before November 15] after December 1 of the year in which such census is taken and shall be certified by the Secretary of State on or before [December 1] December 15 of that year.  The Commission, by a majority of the whole number of its members, shall certify the establishment of Senate and Assembly districts and the apportionment of senators and members of the General Assembly to the Secretary of State [within one month of the receipt by the Governor of the official decennial census of the United States for New Jersey, or] on or before February 1 of the year following the year in which the census is taken[, whichever date is later].

(cf: Art.IV, Sec.III, par.1, amended effective December 8, 1966)

 

     e.     Amend Article VII, Section II, paragraph 2 to read as follows:

     2.    County clerks, surrogates and sheriffs shall be elected by the people of their respective counties at general elections. The term of office of county clerks and surrogates shall be [five] six years, and of sheriffs [three] four years. Whenever a vacancy shall occur in any such office it shall be filled in the manner to be provided by law.

(cf: Art.VII, Sec.II, par.2)

 

     f.     Amend Article XI, Section VIII by the addition of a new section VIII to read as follows:

     When the amendment to the Constitution providing for the holding of general elections only in even numbered years takes effect:

     (1)   the term of the person serving as Governor on January 1, 2010 shall be extended until the third Tuesday in January in the year 2011, and the next nomination for election and election to the office of Governor and the office of Lieutenant Governor shall occur instead in the year 2010.  Nothing in this paragraph shall prevent the person holding the office of Governor in the year 2010 from seeking nomination for election and election to the office of Governor for a second four-year term in 2010;

     (2)   the term of the 213th Session of the Legislature shall be extended by one year until the second Tuesday in January in the year 2011;

     (3)   the term of each person serving as a member of the Senate in the year 2010, or appointed or elected to fill the remainder of a term thereafter, shall end on the second Tuesday in January in the year 2011 and the nomination for election and the election for members of the Senate that is scheduled to be held in the year 2011 shall occur instead in the year 2010;

     (4)   the term of each person serving as a member of the General Assembly in the year 2010, or appointed or elected to fill the remainder of a term thereafter, shall end the second Tuesday in January in the year 2011; and the nomination for election and the election for members of the General Assembly that is scheduled to be held in the year 2009 shall occur instead in the year 2010;

     (5)   the term of each person serving as a county clerk or as a surrogate in the year 2010, or appointed or elected to fill the remainder of a term thereafter, shall end on December 31, 2010, and the nomination for election and election for the offices of county clerks and surrogates scheduled to be held in the 2009 shall occur instead in the year 2010; and

     (6)   the term of each person serving as a sheriff in the year 2010, or appointed or elected to fill the remainder of a term thereafter, shall end December 31, 2010, and the nomination for election and election for the office of sheriff scheduled to be held in the 2009 shall occur instead in the year 2010.

 

     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 Attorney General, 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 PROVIDE THAT ALL ELECTIONS OCCUR ONLY IN EVEN NUMBERED YEARS

 

 

YES

Shall the amendment of Articles II, IV, VII and XI of the Constitution, agreed to by the Legislature, providing that all elections occur only in even numbered years, to extend temporarily by one year the terms of the Governor, the 213th Session of the Legislature, and members of the General Assembly, and reduce temporarily by one year the term of members of the Senate, so that instead of elections occurring for the office of Governor and member of the General Assembly in 2009, those elections would occur in 2010 and then every four or two years thereafter as provided for currently, and instead of elections to fill the office of member of the Senate in 2011 that election would occur in 2010 and then every four or two years thereafter as provided for currently, and expanding permanently the terms of county clerks and surrogates from five to six years and sheriffs from three to four years, be adopted?


 

 

 

INTERPRETIVE STATEMENT

 

NO

 

Approval of this amendment would mean that all elections provided for by the Constitution would occur only in even numbered years, instead of each year as the Constitution provides for currently.  For this to occur, the terms of the Governor, the 213th Session of the Legislature and members of the General Assembly would be extended temporarily one year, while the four-year term of members of the Senate would be reduced temporarily by one year.  Thus, instead of elections to the offices of Governor and member of the General Assembly occurring in 2009, they would occur in 2010 and every four or two years thereafter as provided for currently.  Instead of elections to fill the office of member of the Senate occurring in 2011, they would occur in 2010 also and every four or two years thereafter as provided for currently.  The amendment, if approved, would also extend permanently the terms of county clerks and surrogates from five to six years, and sheriffs from three to four years.  If adopted, this amendment would require the rearrangement of all elections occurring in the State so that they would occur in the same years as elections are held to fill federal elective offices.

 

 

SCHEDULE

 

     This constitutional amendment shall become part of the New Jersey Constitution on January 1, 2010, except that Section VIII of Article XI of this Constitution shall expire on the January 31, 2011.

 

 

STATEMENT

 

     The purpose of the Constitutional amendment is to provide that all elections provided for by the Constitution would occur only in even numbered years, instead of each year as the Constitution provides for currently.

     For this to occur, the terms of the Governor, the 213th Session of the Legislature and members of the General Assembly would be extended temporarily one year, while the four-year term of members of the Senate would be reduced temporarily by one year. Thus, instead of elections to the offices of Governor and member of the General Assembly occurring in 2009, they would occur in 2010 and every four or two years thereafter, as provided for currently. Instead of elections to fill the office of member of the Senate occurring in 2011, they would occur in 2010 also and every four or two years thereafter as provided for currently.

     The amendment, if approved, would also extend permanently the terms of county clerks and surrogates from five to six years, and sheriffs from three to four years.  Finally, legislative redistricting would occur in even numbered years also rather than odd numbered years, as provided for currently.

     If adopted, this amendment would require the rearrangement of all elections occurring in the State so they would occur during the same years as elections are held to fill federal elective offices.

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