ASSEMBLY, No. 2697

STATE OF NEW JERSEY

216th LEGISLATURE

INTRODUCED FEBRUARY 24, 2014

 


 

Sponsored by:

Assemblywoman† VALERIE VAINIERI HUTTLE

District 37 (Bergen)

 

 

 

 

SYNOPSIS

†††† Prohibits certain elected public office holders from simultaneously holding more than one elective office.

 

CURRENT VERSION OF TEXT

†††† As introduced.

††


An Act concerning persons simultaneously holding more than one elective public office, amending R.S.19:3-5, P.L.2007, c.161, 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 person shall hold the office of member of the Senate or the General Assembly of this State and, at the same time, hold any other elective public office in this State[, except that any person who holds the office of member of the Senate or the General Assembly and, at the same time, holds any other elective public office on the effective date of P.L.2007, c.161 may continue to hold that office of member of the Senate or that office of member of the General Assembly, and may hold that other elective public office at the same time if service in the Senate or the General Assembly and the other elective office are continuous following the effective date of P.L.2007, c.161].

†††† 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 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.2007, c.161, s.1)

 

†††† 2.††† Section 3 of P.L.2007, c.161 (C.19:3-5.2) is amended to read as follows:†

†††† 3.††† a.† For elective public office other than as provided in R.S.19:3-5 or N.J.S.40A:9-4, a person elected to public office in this State shall not hold simultaneously any other elective public office.

†††† b.††† [Notwithstanding the provision of subsection a. of this section, a person who holds simultaneously more than one elective public office on the effective date of P.L.2007, c.161 may continue
to hold the elective public offices simultaneously if service in those elective public offices is continuous following the effective date of P.L.2007, c.161.]Deleted by amendment, P.L.†† , c.†† (pending before the Legislature as this bill).

(cf:† P.L.2007, c.161, s.3)

 

†††† 3.††† N.J.S.40A:9-4 is amended to read as follows:

†††† 40A:9-4. (1) It shall be unlawful 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 appointive office or position in county or municipal government.

†††† (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 the incumbent believes he or she 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. (Deleted by amendment, P.L.2007, c.161).

†††† b.††† (Deleted by amendment, P.L.2007, c.161).

†††† 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.

†††† (5)†† [Notwithstanding the provision of paragraph (1) of this section, a person who, on the effective date of P.L.2007, c.161, holds simultaneously an elective county office and an elective municipal office may continue to hold the elective offices simultaneously if service in those elective offices is continuous following the effective date of P.L.2007, c.161.]Deleted by amendment, P.L. †††, c.†† (pending before the Legislature as this bill).

†††† (6)†† It shall be lawful for a member of a volunteer fire company, ambulance, first aid, hazardous materials, or rescue squad, including an officer of the company or squad, to serve as an elected official on the governing body of the municipal government wherein the emergency services are provided; however, the volunteer shall recuse himself from any vote concerning the emergency services provider of which he is a member.

(cf:† P.L.2009, c.206, s.1)

 

†††† 4.††† Notwithstanding the provisions of R.S.19:3-5, section 3 of P.L.2007, c.161 (C.19:3-5.2), and N.J.S.40A:9-4 or any other law to the† contrary,† any† person† who,† on† the† effective† date† of† this act, P.L.††† , c.†† (pending before the Legislature as this bill), holds more than one elective public office may continue to simultaneously hold those offices until the expiration of the term of office that expires first.

 

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

STATEMENT

 

†††† The bill prohibits the continued simultaneous holding of more than one elective public office in this State by an official who held more than one such office on February 1, 2008.† Current law permits such elected officials to continue to hold these offices simultaneously as long as the service is continuous.† An elected official who simultaneously holds more than one elective public office on the billís effective date may continue to serve in those offices only until the end of the term of each such office held.