Assemblyman MICHAEL PATRICK CARROLL
District 25 (Morris and Somerset)
Declares elective public office vacant when office holder changes political party while in office.
CURRENT VERSION OF TEXT
An Act concerning vacancy in elective public office, and supplementing chapter 3 of Title 19 of the Revised Statues.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. When a person who has been elected to public office, or appointed to fill a vacancy in an elective public office ceases, during the term of that office, to be a member of the political party of which that person was a member at the time of election or appointment, such change in political party shall be deemed to make vacant the office to which that official was elected or appointed. The vacancy shall take effect upon declaration of the change in political party, and the elected or appointed official, as appropriate, shall immediately relinquish the office and the vacancy shall be filled as provided by law.
The provisions of this section shall only apply to elective public offices with political party designations set forth on election ballots.
2. This act shall take effect immediately.
Under this bill, when an elected official, or a person appointed to fill a vacancy in an elective public office, changes political party while in office, that office will be deemed vacant. The vacancy will take effect upon declaration of the change in political party, and the official must immediately relinquish the office. The vacancy in that office will be filled as current law provides.
The provisions of the bill only apply to elective public offices with political party designations set forth on election ballots.