ASSEMBLY CONCURRENT RESOLUTION No. 24

 

STATE OF NEW JERSEY

 

Introduced Pending Technical Review by Legislative Counsel

 

PRE-FILED FOR INTRODUCTION IN THE 1996 SESSION

 

 

By Assemblymen BATEMAN and KAVANAUGH

 

 

A Concurrent Resolution proposing to amend Article IV, Section II, paragraphs 2 and 4 and Article V, Section I, paragraph 5 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 amendments to the Constitution of the State of New Jersey are agreed to:

 

PROPOSED AMENDMENTS

 

    a. Amend Article IV, Section II, paragraphs 2 and 4 to read as follows:

    2. Each senator shall be elected by the legally qualified voters of the Senate district, except that if the Senate district is composed of two or more counties and two senators are apportioned to the district, one senator shall be elected by the legally qualified voters of each Assembly district. Each senator shall be elected for a term beginning at noon of the second Tuesday in January next following his election and ending at noon of the second Tuesday in January four years thereafter, except that each senator, to be elected for a term beginning in January of the second year following the year in which a decennial census of the United States is taken, shall be elected for a term of two years.

    A member of the Senate shall not be eligible to serve more than 12 successive years in the Senate, except that a member who is serving a term at the end of the 12th successive year shall be allowed to complete that term. Service for one year or more to fill an unexpired term of office shall be included in the limitation imposed herein. A member who has completed 12 successive years in the Senate shall not be eligible to serve a partial term in the Senate until after at least one intervening Senate term during which the member did not serve.

    Years of service shall be considered successive unless there is a break in service consisting of one intervening term.

(cf: Article IV, Section II, paragraph 2, amended effective December 8, 1966)

    4. Two members of the General Assembly shall be elected by the legally qualified voters of each Assembly district for terms beginning at noon of the second Tuesday in January next following their election and ending at noon of the second Tuesday in January two years thereafter.

    A member of the General Assembly shall not be eligible to serve more than 10 successive years in the General Assembly, except that a member who is serving a term at the end of the 10th successive year shall be allowed to complete that term. Service for one year or more to fill an unexpired term of office shall be included in the limitation imposed herein. A member who has completed 10 successive years in the General Assembly shall not be eligible to serve a partial term in the General Assembly until after at least one intervening two-year term of the General Assembly during which the member did not serve.

    Years of service shall be considered successive unless there is a break in service consisting of one intervening term.

(cf: Article IV, Section II, paragraph 4, amended effective December 8, 1966)

    b. Amend Article V, Section I, paragraph 5 to read as follows:

    5. The term of office of the Governor shall be [four] six years, beginning at noon of the third Tuesday in January next following [his] the election, and ending at noon of the third Tuesday in January [four] six years thereafter. No person who has been elected Governor for [two successive terms] a term, including an unexpired term, shall again be eligible for that office until the third Tuesday in January of the [fourth] sixth year following the expiration of [his second successive] the term.

(cf: Article V, Section I, paragraph 5)

 

    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:






 

 

CONSTITUTIONAL AMENDMENT LIMITING THE SERVICE OF MEMBERS OF THE SENATE AND GENERAL ASSEMBLY AND ESTABLISHING A SIX-YEAR TERM OF OFFICE FOR THE GOVERNOR
















 

YES

Shall the amendment of Article IV, Section II, paragraphs 2 and 4 and Article V, Section I, paragraph 5 of the State Constitution, agreed to by the Legislature, limiting the number of years of service of the members of the Senate to 12 successive years in the Senate and the number of years of service of the members of the General Assembly to 10 successive years in the General Assembly, but to allow any term of office in which the end of the 12th or 10th year, respectively, occurs to be completed, and establishing a six-year term of office for the Governor, provided that no person who has been elected Governor for a term shall again be eligible for that office until the sixth year following the expiration of the term, be approved?

 

 

INTERPRETIVE STATEMENT





















 

NO

These amendments provide that the successive number of years that a member of the Senate is entitled to serve shall be changed from an unlimited number of years to 12 successive years in the Senate and the number of successive years that a member of the General Assembly is entitled to serve shall be changed from an unlimited number of years to 10 successive years in the General Assembly, except that any term of office in which the end of the 12th or 10th year, respectively, occurs may be completed. The amendments also provide that the Governor's term of office shall be six years. No person who has been elected Governor for a term would again be eligible for that office until the sixth year following the expiration of the term. At present, a Governor may serve two successive terms of office of four years each. No person who has been elected Governor for two successive terms is again eligible for that office until the fourth year following the expiration of the second successive term.

 


SCHEDULE

 

    This constitutional amendment shall apply to members of the Legislature elected, selected or appointed following the approval of this amendment and to the subsequent service of such a member, and shall apply to the term of office of a Governor following approval of this amendment who succeeds the first or successive term of office of the incumbent Governor. The years of service of any member of the Legislature who is serving at the time this amendment is approved by the voters of this State, including any period of time remaining in the term of office of that member, shall not be applied against the limitation on service specified in this constitutional amendment, but the provisions of this amendment shall apply to any service by that member following the completion of that member's current term of office.

 

 

STATEMENT

 

    This proposed amendment to the State Constitution would limit the successive number of years that a member of the Legislature would be entitled to serve and would establish a six-year term of office for the Governor.

    A member of the Senate would not be eligible to serve more than 12 successive years in the Senate, except that a member who is serving a term at the end of the 12th successive year shall be allowed to complete that term. Service for one year or more to fill an unexpired term of office shall be included in the limitation imposed herein. A member who has completed 12 successive years in the Senate would not be eligible to serve a partial term in the Senate until after at least one intervening Senate term during which the member did not serve.

    A member of the General Assembly would not be eligible to serve more than 10 successive years in the General Assembly, except that a member who is serving a term at the end of the 10th successive year shall be allowed to complete that term. Service for one year or more to fill an unexpired term of office shall be included in the year limitation. A member who has completed 10 successive years in the General Assembly would not be eligible to serve a partial term in the General Assembly until after at least one intervening General Assembly two-year term during which the member did not serve.

    Years of service shall be considered successive unless there is a break in service consisting of one intervening term of that House.

    The years of service of any member of the Legislature who is serving at the time this amendment is approved by the voters of this State, including any period of time remaining in the term of office of that member, shall not be applied against the limitation on service specified in this constitutional amendment.

    This proposed amendment also provides that the Governor's term of office shall be six years. No person who has been elected Governor for a term would again be eligible for that office until the sixth year following the expiration of the term. At present, a Governor may serve two successive terms of office of four years each. No person who has been elected Governor for two successive terms is again eligible for that office until the fourth year following the expiration of the second successive term. This proposed amendment shall apply to the term of office of a Governor following approval of this amendment who succeeds the first or successive term of office of the incumbent Governor.

 

 

 

Amends State Constitution to restrict number of successive years members of the Legislature may serve and to provide for a six-year gubernatorial term of office.