Bill Text: NJ A5393 | 2026-2027 | Regular Session | Introduced
Bill Title: "Honor the Oath Act"; requires newly elected Governor, Lieutenant Governor, and legislators to take oath of office in county where seat of government is located.
Sponsorship: Partisan Bill (Republican 1)
Status: (Introduced) 2026-09-10 - Introduced, Referred to Assembly State and Local Government Committee [A5393 Detail]
Download: New_Jersey-2026-A5393-Introduced.html
Sponsored by:
Assemblyman PAUL KANITRA
District 10 (Monmouth and Ocean)
SYNOPSIS
"Honor the Oath Act"; requires newly elected Governor, Lieutenant Governor, and legislators to take oath of office in county where seat of government is located.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning the oath of office taken by a newly elected Governor, Lieutenant Governor, and legislators, and supplementing Title 41 of the Revised Statutes.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. This act shall be known and may be cited as the "Honor the Oath Act."
2. The Legislature finds and declares that:
a. Since July 2, 1776, when the State of New Jersey declared her independence and adopted her first Constitution, proclaiming that "all civil Authority under him [George the Third, King of Great Britain] is necessarily at an End," the legitimacy of civil government in this State has derived from constitutional authority and the orderly transfer of power.
b. The administration of the oath of office has historically served as the formal act by which officers of the State assume their role and by which continuity of lawful government is preserved.
c. With only one historical exception, the regular oath of office of the Governor of New Jersey has been administered either in the county in which the seat of government of this State is situated or in the county in which the Legislature regularly meets.
d. The consistent administration of oaths of office at or near the seat of government or regular meeting place of the Legislature reflects long-standing custom, reinforces the public character of the assumption of office, and underscores the relationship between the executive and legislative branches.
e. Codifying this historical practice, while permitting limited flexibility in the presence of extenuating circumstances, promotes clarity, continuity, and public confidence in the orderly transition of constitutional authority.
f. It is therefore appropriate and in the public interest to establish, by statute, the customary locations for the administration of constitutional oaths of office, consistent with historical practice.
3. a. Notwithstanding the provisions of R.S.41:2-7 or any other law, rule, or regulation to the contrary, the Governor-elect and members-elect of the Legislature shall take the oaths required pursuant to the State Constitution and Title 41 of the Revised Statutes within the geographical borders of the county in which the seat of government of this State is located pursuant to R.S.52:1-1 or section 1 of P.L.1963, c.118 (C.52:1-1.1).
b. The requirements of this
section shall not apply to any individual assuming office by virtue of a
vacancy in the office, howsoever caused.
4. This act shall take effect immediately.
STATEMENT
This bill establishes the "Honor the Oath Act."
The bill requires that the Governor-elect and members-elect of the State Legislature take the oaths of office required to take office in the county in which the State's seat of government is located. If an emergency requires that the seat of government be moved, this bill allows for the oaths to be taken in the county in which the seat of government is located at that time. This requirement will not apply to individuals taking office by virtue of a vacancy.
Since July 2, 1776, when the State of New Jersey declared her independence and adopted her first Constitution, proclaiming that "all civil Authority under him [George the Third, King of Great Britain] is necessarily at an End," the legitimacy of civil government in this State has derived from constitutional authority and the orderly transfer of power.
The administration of the oath of office has historically served as the formal act by which officers of the State assume their role and by which continuity of lawful government is preserved.
With only one historical exception, the regular oath of office of the Governor of New Jersey has been administered either in the county in which the seat of government of this State is situated or in the county in which the Legislature regularly meets.
The consistent administration of oaths of office at or near the seat of government or regular meeting place of the Legislature reflects long-standing custom, reinforces the public character of the assumption of office, and underscores the relationship between the executive and legislative branches.
It is therefore appropriate and in the public interest to establish by statute the customary locations for the administration of constitutional oaths of office, consistent with historical practice.
