A524

Sponsored by:

Assemblyman MICHAEL J. PANTER

District 12 (Mercer and Monmouth)

Co-Sponsored by:

Assemblywoman Beck

SYNOPSIS

Prohibits members of the Legislature from holding other elective public offices.

CURRENT VERSION OF TEXT

Introduced Pending Technical Review by Legislative Counsel

An Act concerning dual office holding by members of the Legislature, and amending R.S.19:3-5 and N.J.S.40A:9-4.

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

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

(2) It shall be lawful for a member of the Legislature of the State to hold simultaneously any [elective or] appointive office or position in county or municipal government. It shall be unlawful for a member of the Legislature to simultaneously hold any other elective public office.

(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)

3. Notwithstanding the provisions of R.S.19:3-5 or N.J.S.40A:9-4, no member of the Legislature who holds at the same time another elective public office shall be required to leave that office immediately upon the enactment of P.L. , c. (C. )(now pending before the Legislature as this bill). When, however, the term of the first office to end that is held by such a person does end next following the effective date of that act, he or she shall choose whether to seek re-election to that office, or to continue in any other elective office held, so that the person may seek re-election or continue in office but shall serve in only one elective office following the end of the term of the first office.

4. This act shall take effect immediately.

STATEMENT

This bill would prohibit a member of the Legislature from simultaneously holding another elective public office. A member of the Legislature who holds another elective public office on the enactment date of this bill would be permitted to retain both offices until the end of the term of the first office held, at which time the member of the Legislature would have to choose whether to seek re-election or continue in another office held.