SCR37

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

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

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

2. County clerks, surrogates and sheriffs shall be elected by the people of their respective counties at general elections, except as hereinafter provided. The term of office of county clerks and surrogates shall be five years, and of sheriffs three years; except that a county clerk, surrogate or sheriff holding office on or after January 2, next following approval of this amendment, who completes at least two full, consecutive elected terms in that office before or after that date, shall acquire tenure in office and shall continue to serve during good behavior, without being required to submit to re-election. County clerks, surrogates and sheriffs, including those who have acquired tenure in office, shall be subject to the recall provisions of Article I, paragraph 2 of the Constitution and may also be removed from office for cause in a manner to be established by statute. Whenever a vacancy shall occur in any such office it shall be filled in the manner to be provided by law.

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."

		GRANTS LIFE TENURE DURING GOOD BEHAVIOR FOR COUNTY CLERKS, SURROGATES AND SHERIFFS UPON COMPLETION OF TWO CONSECUTIVE ELECTED TERMS
	YES	Shall an amendment to Article VII, Section II, paragraph 2 of the Constitution, as agreed to by the Legislature, establishing tenure in office for county clerks, surrogates and sheriffs upon completion of two full, consecutive elected terms of office and allowing for their removal by recall, or for cause in a manner to be established by statute, be approved?
		INTERPRETIVE STATEMENT
	NO	This proposed amendment would establish tenure in office for each county clerk, surrogate and sheriff, once the officeholder has completed a second full, consecutive term of elected office. County clerks, surrogates and sheriffs holding office on or after January 2, next following approval of this proposed amendment, who complete at least two full, consecutive elected terms in that office before or after that date, would be granted tenure. All tenured officeholders would continue to serve during good behavior. The proposed amendment would allow a tenured county clerk, surrogate or sheriff to be removed from office by the Constitutional recall provisions or for cause in a manner to be established by statute.

This proposed constitutional amendment would establish tenure in office for county clerks, surrogates and sheriffs holding office on or after the January 2, next following approval of this proposed amendment, who complete at least two full, consecutive elected terms in that office before or after that date. The proposed amendment would allow for the removal of a county clerk, surrogate or sheriff by the recall provisions of Article I, paragraph 2 of the State Constitution or for cause in a manner to be established by statute.