SENATE, No. 998

STATE OF NEW JERSEY

INTRODUCED MARCH 21, 1996

By Senator SINAGRA

An Act prohibiting the simultaneous holding of more than one of certain public offices, amending R.S.19:3-5 and N.J.S.40A:9-4 and supplementing Title 19 of the Revised Statutes.

    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] Legislature of this State, [county clerk, register, surrogate or sheriff] an elective office of a county, municipality or school district, or member of the board of education of a Type I school district.

    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 7 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.1971, c.2, s.9)

    2. (New section) Any person who, on the effective date of this act, holds more than one of the offices listed in R.S.19:3-5 may continue to hold those offices and be reelected or, in the case of a member of the board of education of a Type I school district, reappointed thereto as long as service in the offices is continuous. In the case of the office of member of the Legislature, a member of one House of the Legislature who is elected to, or selected under the provisions of section 8 of P.L.1988, c.126 (C.19:27-11.2) to fill a vacancy in the membership of, the other House shall be deemed to have been reelected to, and the person's service upon assuming membership in that other House shall be deemed to be continuous in, the office of member of the Legislature for the purposes of this section.

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

    40A:9-4. (1) [It shall be lawful 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 [elective or] appointive office or position in county or municipal government.

    [(3)](2) Nothing contained in this section shall be deemed to prevent the incumbent of any office from abstaining from voting in any matter in which he believes he 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.](3) Nothing herein contained shall be deemed to repeal or supersede any statute prohibiting the dual holding of offices or positions.

    [b. This section shall apply to persons now holding elective offices or positions with the counties and municipalities or now serving as members of the Legislature of the State.

    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.]

(cf: N.J.S.40A:9-4)

    4. This act shall take effect immediately.

STATEMENT

    Current State law prohibits a person from simultaneously holding more than one of the following offices: elector of President and Vice-President of the United States, member of the United States Congress, member of the Legislature, county clerk, register, surrogate or sheriff. It expressly permits a person to hold simultaneously an elective county office and an elective municipal office and allows a member of the Legislature to hold elective or appointive office in county or municipal government.

    This bill would amend existing law to prohibit any person from simultaneously holding more than one of the enumerated federal or State offices or a county, municipal or school district elective office or the appointive position of member of a board of education of a Type I school district. It would prohibit a person from holding simultaneously an elective county office and an elective municipal office, but it retains the statutory provision allowing a member of the Legislature to hold an appointed county or municipal government position.

    The bill permits any person who, on the date it takes effect, holds more than one of the elective offices to which its provisions apply to continue to hold those offices as long as service in the offices is continuous. It also provides that, in the case of members of the Legislature, the election or selection of a member of one House to serve in the other House shall be deemed as continious service.

Prohibits any person from simultaneously holding two or more State, county, municipal or school district elective offices, or one such office and membership on the board of education of a Type I school district.