Bill Text: NJ A1387 | 2010-2011 | Regular Session | Introduced
Bill Title: Prohibits certain political activity by governmental employees and by public employee unions.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2010-01-12 - Introduced, Referred to Assembly State Government Committee [A1387 Detail]
Download: New_Jersey-2010-A1387-Introduced.html
STATE OF NEW JERSEY
214th LEGISLATURE
PRE-FILED FOR INTRODUCTION IN THE 2010 SESSION
Sponsored by:
Assemblyman MICHAEL PATRICK CARROLL
District 25 (Morris)
SYNOPSIS
Prohibits certain political activity by governmental employees and by public employee unions.
CURRENT VERSION OF TEXT
Introduced Pending Technical Review by Legislative Counsel
An Act prohibiting certain political activity by governmental employees and by public employee unions and supplementing Title 52 of the Revised Statutes.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. a. A person holding employment with the State or with a county, municipality, or governmental agency, shall not:
(1) be a candidate for any elective office, whether public or Party, whether paid or unpaid, whether elected in a partisan election or otherwise;
(2) contribute money, or anything of value, to any candidate for public or Party office, or any candidate seeking a Party's nomination for elective public office or to any political party committee or legislative leadership committee; or
(3) participate, directly or indirectly, in any campaign by any candidate for public or Party office, or any candidate seeking a Party's nomination for elective public office.
b. Notwithstanding the provisions of subsection a. of this section, a person holding employment with the State or with a county or municipality shall retain the right to vote and to express opinions on political subjects and candidates.
2. A labor organization that has entered into a collective bargaining agreement on behalf of persons holding employment with the State or with a county or municipality, or any governmental agency, shall not engage in political activity, solicit or make a contribution of money or other things of value to any candidate, candidate committee, joint candidates committee, political committee, continuing political committee, political party committee or legislative leadership committee.
3. This act shall take effect immediately.
STATEMENT
This bill provides that a person holding employment with the State or with a county, with a municipality, or any governmental agency shall not be a candidate for any elective public or Party office, shall make no contribution thereto, or participate in any campaign therefor.
It also provides that labor unions that represent governmental employees would be prohibited from engaging in political activity and from soliciting or making political contributions.
The bill is modeled on provisions of the federal Hatch Act which prohibits political activity by federal employees and by state and local employees whose positions are federally-funded.
This bill prohibits such activities due to the inherently corrupting nature of the ability of public employees to influence, through contributions and political activity, matters which are properly within the scope of the collective bargaining process. Nothing herein prohibits such employees or labor organizations from making their concerns known to the public or governmental officials in the form of issue ads or informative lobbying efforts.
The bill covers all employees of governmental entities, including the State itself, its "independent" entities and authorities, counties, municipalities, boards of education, and any other government agency or authority, including bi-state or multistate agencies, to the extent not proscribed by federal law.
