Bill Text: NJ ACR145 | 2016-2017 | Regular Session | Introduced

New Jersey Assembly Concurrent Resolution 145 (Prior Session Legislation)

Introduced

Bill Title: Proposes constitutional amendment allowing Lieutenant Governor to cast deciding vote when tie vote occurs in Senate and providing State committee of political party will fill vacancy in office of Lieutenant Governor.

Sponsorship: Partisan Bill (Democrat 1)

Status: (Introduced - Dead) 2016-06-06 - Concurrent Resolution Placed on Desk in Senate [ACR145 Detail]

Download: New_Jersey-2016-ACR145-Introduced.html

ASSEMBLY CONCURRENT RESOLUTION No. 145

STATE OF NEW JERSEY

217th LEGISLATURE

INTRODUCED FEBRUARY 16, 2016

Sponsored by:

Assemblyman TROY SINGLETON

District 7 (Burlington)

SYNOPSIS

Proposes constitutional amendment allowing Lieutenant Governor to cast deciding vote when tie vote occurs in Senate and providing State committee of political party will fill vacancy in office of Lieutenant Governor.

CURRENT VERSION OF TEXT

As introduced.

A Concurrent Resolution proposing to amend Article IV, Section IV, paragraph 6 and Article V, Section I, paragraph 9 of the New Jersey Constitution.

Be It Resolved by the General Assembly of the State of New Jersey (the Senate concurring):

1. The following proposed amendment to the Constitution of the State of New Jersey is agreed to:

PROPOSED AMENDMENT

a. Amend Article IV, Section IV, paragraph 6 to read as follows:

6. All bills and joint resolutions shall be read three times in each house before final passage. No bill or joint resolution shall be read a third time in either house until after the intervention of one full calendar day following the day of the second reading; but if either house shall resolve by vote of three-fourths of all its members, signified by yeas and nays entered on the journal, that a bill or joint resolution is an emergency measure, it may proceed forthwith from second to third reading. No bill or joint resolution shall pass, unless there shall be a majority of all the members of each body personally present and agreeing thereto, and the yeas and nays of the members voting on such final passage shall be entered on the journal; except that in the event of a tie vote in the Senate on any bill or joint resolution, the Lieutenant Governor may cast the deciding vote.

(cf: Art. IV, Sec. IV, par. 6)

b. Amend Article V, Section I, paragraph 9 to read as follows:

9. In the event of a vacancy in the office of Lieutenant Governor resulting from the death, resignation or removal of a Lieutenant Governor in office or the death of a Lieutenant Governor-elect or from any other cause, the Governor shall appoint a Lieutenant Governor, within forty-five days of the occurrence of the vacancy to fill the unexpired term, who has been selected by the State committee of the political party of which the Lieutenant Governor was a member.

If a Lieutenant Governor becomes Governor, or in the event of simultaneous vacancies in the offices of Governor and Lieutenant Governor, a Governor and a Lieutenant Governor shall be elected to fill the unexpired terms of both offices at the next general election, unless the assumption of the office of Governor by the Lieutenant Governor, or the vacancies, as the case may be, occur within sixty days immediately preceding a general election, in which case they shall be elected at the second succeeding general election. No election to fill the unexpired terms shall be held in any year in which a Governor and Lieutenant Governor are to be elected for full terms. A Governor and Lieutenant Governor elected for unexpired terms shall assume their offices immediately upon their election.

(cf: Article V, Section 1, paragraph 9, amended effective January 17, 2006)

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 (a) in the square opposite the word "Yes." If you are opposed thereto make a cross (X), plus (+) or check (a) in the square opposite the word "No."

b. In every municipality the following question:

		CONSTITUTIONAL AMENDMENT ALLOWING LIEUTENANT GOVERNOR TO BREAK TIE-VOTES IN SENATE AND CHANGING HOW VACANCY IN OFFICE OF LIEUTENANT GOVERNOR IS FILLED
	YES	Do you approve changing the Constitution to allow the Lieutenant Governor to cast the deciding vote on bills and joint resolutions when there is a tie vote in the New Jersey Senate? Also, do you approve changing the Constitution to allow the State committee of the Lieutenant Governor's political party to fill a vacancy in that office? The Governor will then appoint that person to fill the vacancy.
		INTERPRETIVE STATEMENT
	NO	This amendment would let the Lieutenant Governor cast the deciding vote on bills and joint resolutions when there is a tie vote in the Senate. At present, the Lieutenant Governor has no role in the New Jersey Legislature. The amendment would also allow the State committee of the Lieutenant Governor's political party to select a replacement if that office becomes vacant. The Governor will then appoint that person to fill the vacancy. Currently, the Governor chooses who will fill the vacancy.

STATEMENT

This constitutional amendment would provide that when there is tie-vote in the State Senate on any bill or joint resolution, the Lieutenant Governor may cast the deciding vote. It also provides that when there is a vacancy in the office of Lieutenant Governor, a successor will be selected by the State committee of the Lieutenant Governor's political party, instead of by the Governor.