ASSEMBLY CONCURRENT RESOLUTION No. 113

STATE OF NEW JERSEY

INTRODUCED MAY 5, 1997

By Assemblyman CARROLL

A Concurrent Resolution proposing to amend Article I, paragraph 2 of the Constitution of the State of New Jersey.

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

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

PROPOSED AMENDMENT

    Amend Article I, paragraph 2 to read as follows:

    2. a. All political power is inherent in the people. Government is instituted for the protection, security, and benefit of the people, and they have the right at all times to alter or reform the same, whenever the public good may require it.

    b. The people reserve unto themselves the power to recall, after at least one year of service, any elected official in this State or representing this State in the United States Congress. The Legislature shall enact laws to provide for such recall elections. Any such laws shall include a provision that a recall election for an elected official other than the Governor or a United States Senator shall be held upon petition of at least 25% of the registered voters in the electoral district of the official sought to be recalled. A recall election for the Governor or a United States Senator shall be held upon the petition of at least 500,000 registered voters. If legislation to implement this constitutional amendment is not enacted within one year of the adoption of the amendment, the Secretary of State shall, by regulation, implement the constitutional amendment, except that regulations adopted by the Secretary of State shall be superseded by any subsequent legislation consistent with this constitutional amendment governing recall elections. The sufficiency of any statement of reasons or grounds procedurally required shall be a political rather than a

judicial question.

(cf: Article I, paragraph 2 amended effective January 1, 1994)

    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 Secretary of State, 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 (•) in the square opposite the word "Yes." If you are opposed thereto make a cross (X), plus (+) or check (•) in the square opposite the word "No."

    b. In every municipality the following question:

STATEMENT

    This concurrent resolution proposes a constitutional amendment to reduce to at least 500,000 the number of signatures necessary to cause a recall election to be held to recall the Governor or a United States Senator.

    Currently, a recall election is held upon the petition of at least 25 percent of the registered voters in the electoral district of the official sought to be recalled. Thus, at least one million signatures would be needed to recall the Governor or a U.S. Senator since there are presently about four million registered voters in the State.

Proposes constitutional amendment to reduce to 500,000 the number of signatures necessary to recall the Governor or a US Senator.