[First Reprint]

SENATE CONCURRENT RESOLUTION No. 40

 

STATE OF NEW JERSEY

 

INTRODUCED JANUARY 29, 1996

 

 

By Senators SCHLUTER and Inverso

 

 

A Concurrent Resolution proposing to amend Article I, 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 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 but not later than six months prior to the election to be held for the next succeeding term of office of the official, 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 shall be held upon petition of 1registered voters in the electoral district of the official sought to be recalled equal in number to1 at least [25%] 1[15%] 25%1 of the registered voters in 1[the] that1 electoral district 1[of the] who voted in the last preceding election held to fill for a full term the office from which recall of that1 official 1is1 sought 1[to be recalled]1. 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regulation, implement the constitutional amendment, except that regulations adopted by the Secretary of State shall be superseded by any subsequent legislation consistent with this constitutional amendment governing recall elections.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: Amended November 2, 1993, 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:

 




 

 

REDUCING NUMBER OF REQUIRED RECALL PETITION SIGNATURES AND LIMITING PERIOD OF RECALL DURING LAST YEAR OF TERM







 

YES

Shall Article I, paragraph 2 of the Constitution be amended, as proposed by the Legislature, to reduce the number of signatures required on petitions to recall elected public officials and to limit the period of recall during the last year of a term of office?

 

 

INTERPRETIVE STATEMENT
















 

NO

This amendment to the Constitution reduces the number of signatures required on a petition seeking the recall of any elected public official in this State or representing this State in the Congress of the United States from at least 25% of the registered voters in the electoral district of the official sought to be recalled to at least 1[15%] 25%1 of 1[such] the1 registered voters 1in the electoral district in the last preceding election at which the office of the official sought to be recalled was filled for a full term1. The amendment also prohibits the recall of an official beginning six months prior to the election to be held for the next succeeding term of office of the official.

 

 

SCHEDULE

 

    This constitutional amendment shall become part of the Constitution on January 1 following the election at which it is approved, but if a petition for the recall of an elected official was officially approved prior to that date for circulation, the provisions of Article I, paragraph 2 in effect at the time of approval shall continue to be applicable to that recall.

 

 

                             

Amends Constitution to reduce number of signatures required on petition to recall elected public official and to prohibit recall during specified period in last year in office.