S3242

An Act concerning elective public office and certain political activity, and amending P.L.1964, c.168, and supplementing P.L.1948, c.439 (C.52:17B-1 et seq.).

Be It Enacted by the Senate and General Assembly of the State of New Jersey:

1. Section 1 of P.L.1964, c.168 (C.2A:158-21) is amended to read as follows:

1. a. No county prosecutor, assistant prosecutor or legal assistant to a prosecutor, while holding any such office or position, shall (1) be a candidate for election to, or hold, any elective public office or any office or position with any political party or club, or (2) in connection with the candidacy of any person for public office, sign or authorize the use of his name in connection with political or campaign literature or material, or print or publish in order to distribute such political or campaign literature or material[; provided, however, that the prohibition against holding office contained in this act shall not prevent any individual, holding or filling any such office as of the effective date of this act, from completing any term of office for which he has heretofore been elected or chosen; and provided further that nothing herein contained shall be construed to prohibit any such prosecutor, assistant prosecutor or legal assistant from being a candidate for election to, or from holding, the office or position of delegate or alternate to the national convention of any political party].

b. A person who holds the position of county prosecutor, assistant prosecutor, or legal assistant to a prosecutor shall not be a candidate for, or hold, elective public office for a period of three years immediately following the termination of that person’s service as county prosecutor, assistant prosecutor, or legal assistant to a prosecutor.

(cf: P.L.1964, c.168, s.1)

2. (New section) a. No person who holds the position of Attorney General, First Assistant Attorney General, or any position of employment as professional staff in the Office of the Attorney General in the Department of Law and Public Safety, while holding any such office or position, shall: (1) be a candidate for election to, or hold, any elective public office or any office or position with any political party or club, or (2) in connection with another individual’s candidacy for public office, sign, or authorize the use of that person’s name in connection with political or campaign literature or material, or print, publish, or distribute such political or campaign literature or material.

b. A person who holds the position of Attorney General or First Assistant Attorney General shall not be a candidate for, or hold, elective public office for a period of three years immediately following the termination of that person’s service as Attorney General or First Assistant Attorney General.

3. This act shall take effect on the 180th day following enactment and shall apply to any person who holds the position of Attorney General, First Assistant Attorney General, county prosecutor, assistant prosecutor, or legal assistant to a prosecutor on and after that effective date.

STATEMENT

This bill would prohibit certain public officials from campaigning for election to public office during the term of their public service and for a period of three years afterwards. The bill would apply to the Attorney General and the First Assistant Attorney General, and all county prosecutors, assistant prosecutors, and legal assistants to prosecutors.

Currently, certain restrictions already apply to county prosecutors, assistant prosecutors, and legal assistants to prosecutors. The restrictions require that no person who holds any of these positions could (1) be a candidate for election to, or hold, any elective public office or any office or position with any political party or club, or (2) in connection with the candidacy of any person for public office, sign or authorize the use of his name in connection with political or campaign literature or material, or print, publish or distribute such political or campaign literature or material. Under the bill, these restrictions would extend to the Attorney General and First Assistant Attorney General.

The bill would also prohibit county prosecutors, assistant prosecutors, and legal assistants to prosecutors from being a candidate for election to, or from holding, the office or position of delegate or alternate to the national convention of any political party.

In addition, the bill provides that the Attorney General, First Assistant to the Attorney General, county prosecutors, assistant prosecutors, and legal assistants to prosecutors could not be a candidate for, or hold, elective public office for a period of three years immediately following the termination of that person’s service in the position.

The intent of this bill is to prevent persons who are holding positions of public trust from misusing those positions for political gain.