ASSEMBLY, No. 3449

STATE OF NEW JERSEY

214th LEGISLATURE

INTRODUCED OCTOBER 25, 2010

 


 

Sponsored by:

Assemblyman† GORDON M. JOHNSON

District 37 (Bergen)

 

 

 

 

SYNOPSIS

†††† Provides procedure for suspension of county board of elections member charged with certain crimes.†††††††††††

 

CURRENT VERSION OF TEXT

†††† As introduced.

††


An Act concerning county boards of elections and supplementing Title 19 of the Revised Statutes.

 

†††† Be It Enacted by the Senate and General Assembly of the State of New Jersey:

 

†††† 1.† A member of a county board of elections who is charged under the laws of this State with an offense involving dishonesty or a crime of the third degree or above, or under the laws of another state or of the United States of an offense or a crime which, if committed in this State, would be such an offense or crime, or of an offense involving or touching that office, may be suspended from office, without compensation or benefits, in the manner provided by this section.† The four members of a political party who have the authority to make nominations to a county board pursuant to R.S.19:6-18 and who unanimously agree to seek the suspension of a county board member for any of the aforesaid reasons, shall request in writing that the Governor inform that member in writing of the proposed suspension and of the memberís right to a hearing thereon.† A hearing shall be conducted by those four members of that political party and one additional member of that political party selected by the Governor.† Following the hearing, the member of the county board shall be suspended if four out of the five members who conducted the hearing vote in favor of suspension.† The suspension shall continue until the charges against the member are resolved or the memberís term expires.† When a member of a county board of elections is suspended from office pursuant to this section, an interim successor shall be selected in the manner provided by R.S.19:6-18 who shall serve for the duration of the suspension. †A suspended member shall be automatically reinstated to office, with compensation and benefits restored retroactively, if the charges are dismissed, the member is acquitted, or the member pleads guilty to a lesser crime or offense that is not the basis for suspension under this section.† A suspended member of a county board of elections who is convicted of any of the crimes listed in N.J.S.2C:51-2 shall be subject to the provisions of that section with regard to forfeiture of office.

†††† 2. †This act shall take effect immediately.

 

 

STATEMENT

 

†††† This bill provides a procedure for the suspension, without compensation or benefits, of a member of a county board of elections who is charged with a crime of the third degree or above, an offense involving dishonesty, or an offense involving or touching that office.

†††† The four members of a political party who by law have the authority to make nominations to a county board and who unanimously agree to seek the suspension of a county board member will request that the Governor inform that board member of the proposed suspension and of the memberís right to a hearing.† A hearing will be conducted by those four members of that political party and one additional member of that political party selected by the Governor.† Following the hearing, the member of the county board will be suspended if four out of the five members who conducted the hearing vote in favor of suspension.† The suspension will continue until the charges against the member are resolved or the memberís term expires.† When a member of a county board of elections is suspended, an interim successor will be selected to serve for the duration of the suspension.†

†††† A suspended member will be automatically reinstated to office, with compensation and benefits restored retroactively, if the charges are dismissed, the member is acquitted, or the member pleads guilty to a lesser crime or offense that is not the basis for suspension under this section.† A suspended county board member who is convicted of any of the crimes listed in N.J.S.2C:51-2 will be subject to the provisions of that section with regard to forfeiture of office.