Bill Text: NJ A4499 | 2012-2013 | Regular Session | Introduced
Bill Title: Requires vacancies in US Senate be filled only by special election; removes authority of Governor to make appointment to fill vacancy.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2013-11-25 - Introduced, Referred to Assembly State Government Committee [A4499 Detail]
Download: New_Jersey-2012-A4499-Introduced.html
Sponsored by:
Assemblyman JOSEPH CRYAN
District 20 (Union)
SYNOPSIS
Requires vacancies in US Senate be filled only by special election; removes authority of Governor to make appointment to fill vacancy.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning the filling of vacancies in the office of United States Senator, and amending R.S.19:3-26 and R.S.19:27-6.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. R.S.19:3-26 is amended to read as follows:
19:3-26. If a vacancy shall happen in the representation of this State in the United States [senate] Senate, it shall be filled at the general election next succeeding the happening thereof, unless such vacancy shall happen [within] on or after 70 days next preceding [such] the primary election prior to the general election or on or before the day of the general election, in which case it shall be filled by election at the second succeeding general election, unless the governor of this State shall deem it advisable to call a special election therefor, which he is authorized hereby to do.
[The governor of this State may make a temporary appointment of a senator of the United States from this State whenever a vacancy shall occur by reason of any cause other than the expiration of the term; and such appointee shall serve as such senator until a special election or general election shall have been held pursuant to law and the Board of State Canvassers can deliver to his successor a certificate of election.]
(cf: P.L.2011, c.37, s.37)
2. R.S.19:27-6 is amended to read as follows:
19:27-6. In the case of a vacancy in the representation of this State in the United States Senate [or House of Representatives], the writ [may] shall designate the next applicable general election day for the election, but if a special election day is designated, it shall specify the cause and purpose of such election, the name of the officer in whose office the vacancy has occurred, the day on which a special primary election shall be held, which shall be not less than 70 days nor more than 76 days following the date of such proclamation, and the day on which the special election shall be held, which shall be not less than 64 nor more than 70 days following the day of the special primary election. The writ shall also specify the day or days when the district boards shall meet for the purpose of making, revising or correcting the registers of voters to be used at such special election.
If the vacancy happens in the representation of this State in the United States Senate the election to fill the vacancy shall take place at the general election next succeeding the happening thereof, unless the vacancy shall happen [within] on or after 70 days next preceding the primary election prior to the general election or on or before the day of the general election, in which case it shall be filled by election at the second succeeding election, unless the Governor shall deem it advisable to call a special election therefor, which [he] the Governor is authorized hereby to do.
If the vacancy happens in the representation of this State in the House of Representatives in any year, not later than the 70th day prior to the day for holding the next primary election for the general election, the Governor shall issue a writ of election to fill such vacancy, designating in said writ the next general election day as the day on which the election shall be held to fill such vacancy. The nomination of candidates to fill such vacancy shall be made in the same manner as the nomination of other candidates at the said primary election for the general election.
(cf: P.L.2011, c.37, s.17)
3. This act shall take effect immediately.
STATEMENT
This bill provides that in the event of a vacancy in the office of member of the United States Senate from New Jersey, the office is to be filled only by election. Current law permits the Governor to make a temporary appointment to fill the vacancy and the appointee serves as Senator until a special election or general election is held to fill the office.
The bill removes the Governor's ability to make a temporary appointment to fill the vacancy. The bill maintains the provision in current law that the election to fill the vacancy is to occur at the general election next succeeding the occurrence of the vacancy. If the vacancy happens on or after the 70th day next preceding the primary election prior to the general election or on or before the general election, the vacancy is filled at the second succeeding election, unless the Governor decides to call a special election therefore, which the Governor is authorized to do.
