Bill Text: NJ ACR188 | 2022-2023 | Regular Session | Introduced

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Bill Title: Proposes constitutional amendment to provide suspension and temporary replacement of indicted elected official with vacancy in office declared upon conviction.

Spectrum: Partisan Bill (Republican 3-0)

Status: (Introduced - Dead) 2023-11-30 - Introduced, Referred to Assembly State and Local Government Committee [ACR188 Detail]

Download: New_Jersey-2022-ACR188-Introduced.html

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ASSEMBLY CONCURRENT RESOLUTION No. 188

STATE OF NEW JERSEY

220th LEGISLATURE

 

INTRODUCED NOVEMBER 30, 2023

 

 

Sponsored by:

Assemblyman  JOHN DIMAIO

District 23 (Hunterdon, Somerset and Warren)

 

 

 

 

SYNOPSIS

     Proposes constitutional amendment to provide for suspension and temporary replacement of indicted elected official with vacancy in office declared upon conviction.

 

CURRENT VERSION OF TEXT

     As introduced.

  

A Concurrent Resolution proposing to amend Article VII of the Constitution of the State of New Jersey by adding a new section.

 

     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 hereby agreed to:

 

PROPOSED AMENDMENT

 

     a.  Amend Article VII by adding a new Section IV to read as follows:

SECTION IV

 

     1.  If a person holding elective public office is indicted for or charged with any crime under the laws of this State or of the United States, or for any offense in any other jurisdiction that would be a crime if committed in New Jersey, that person shall be suspended from office without compensation until the complaint is dismissed, the prosecution is terminated, the person is acquitted, the person is convicted, or the person pleads guilty or nolo contendere to a crime. The suspension shall continue for the period during which an appeal may be filed or the duration of any appeal. 

     2.  After the suspension of a person pursuant to paragraph 1 of this section, the public office shall be filled temporarily for the duration of the suspension in the following manner:

     If the indicted elected official is a member of the United States Senate or the House of Representatives, the Governor shall appoint a temporary replacement who is a member of the same political party as the indicted Senator or Representative. 

     If the indicted elected official is the Governor, the provisions of Article V, Section I, paragraph 7 of this Constitution concerning a temporary absence of the Governor shall apply. 

     If the indicted elected official is the Lieutenant Governor, the Governor shall appoint a temporary replacement. 

     If the indicted elected official is a member of the Senate and is a member of the same political party as the President of the Senate, the President shall appoint a temporary replacement. 

     If the indicted elected official is a member of the Senate and is a member of the same political party as the Minority Leader of the Senate, the Minority Leader shall appoint a temporary replacement.

      If the indicted elected official is a member of the Senate and is not a member of the political party of the President of the Senate or the Minority Leader, the President shall appoint a temporary replacement who is a member of the same political party as the indicted member. 

     If the indicted elected official is a member of the General Assembly and a member of the same political party as the Speaker of the General Assembly, the Speaker shall appoint a temporary replacement. 

     If the indicted elected official is a member of the General Assembly and a member of the same political party as the Minority Leader of the General Assembly, the Minority Leader shall appoint a temporary replacement. 

     If the indicted elected official is a member of the General Assembly and is not a member of the same political party as the Speaker of the General Assembly or the Minority Leader, the Speaker shall appoint a temporary replacement who is a member of the same political party as the indicted member. 

     If the indicted elected official is a member of a board of county commissioners, the members of the board by a majority vote thereof shall appoint a temporary replacement who is a member of the same political party as the indicted county commissioner. If the members of the board fail to appoint a temporary replacement after two voting attempts, the Commissioner of Community Affairs shall appoint a temporary replacement who is a member of the same political party as the indicted member.  

     If the indicted elected official is a county executive, county clerk, or county sheriff, the members of the board of county commissioners by a majority vote thereof shall appoint a temporary replacement who is a member of the same political party as the indicted county executive, county clerk, or county sheriff, as may be appropriate. If the members of the board fail to appoint a temporary replacement after two voting attempts, the Commissioner of Community Affairs shall appoint a temporary replacement who is a member of the same political party as the indicted member.

     If the indicted elected official is a county surrogate, the Chief Justice of the Supreme Court shall appoint a temporary replacement who is a member of the same political party as the indicted county surrogate. 

     In the case of an indicted elected official in a municipality that holds nonpartisan elections, the members of the governing body by a majority vote thereof shall appoint a temporary replacement. If the members of the governing body fail to appoint a temporary replacement after two voting attempts, the Commissioner of Community Affairs shall appoint a temporary replacement.

     In the case of an indicted elected official in a municipality that holds partisan elections, the members of the governing body by a majority vote thereof shall appoint a temporary replacement who is a member of the same political party as the indicted elected official. If the members of the governing body fail to appoint a temporary replacement after two voting attempts, the Commissioner of Community Affairs shall appoint a temporary replacement who is a member of the same political party as the indicted member. 

     If the indicted elected official is a member of a board of education, the members of the board of education by a majority vote thereof shall appoint a temporary replacement. If the members of the board of education fail to appoint a temporary replacement after two voting attempts, the Commissioner of Education shall appoint a temporary replacement.

     If the indicted elected official is a member of any other public body, the members of the public body by a majority vote thereof shall appoint a temporary replacement. If the members of the public body fail to appoint a temporary replacement after two voting attempts, the Commissioner of Community Affairs shall appoint a temporary replacement. 

     The functions, powers, duties, and emoluments of the public office shall devolve to the person appointed as a temporary replacement.

     3.  If a person suspended pursuant to paragraph 1 of this section is acquitted, the complaint is dismissed, the prosecution is terminated, or the finding of guilt is overturned or vacated upon appeal, the person shall be restored as soon as possible to office for the remainder of the term for which the official was elected to serve, with full payment of compensation for the period of suspension and no loss of seniority.

     If a person suspended pursuant to paragraph 1 of this section is convicted, or the person pleads guilty or nolo contendere, or the finding of guilt is upheld upon appeal, the office shall be declared vacant and shall be filled as provided by this Constitution or statutory law.

     4.  The provisions of this section shall apply to any public official elected by the voters of this State.

 

     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 TO SUSPEND AN ELECTED OFFICIAL FORMALLY CHARGED WITH A CRIME AND TO APPOINT A TEMPORARY REPLACEMENT AND VACATE THE OFFICE UPON CONVICTION
	YES	Do you approve amending the Constitution to suspend any elected public official formally charged with a crime and vacate the office upon conviction?      The amendment provides for appointment of a temporary replacement.      If the official is acquitted or the charge is dismissed, the official can return to office.      If the official is convicted or pleads guilty, the office is declared vacant.
		INTERPRETIVE STATEMENT
	NO	This change to the Constitution requires the suspension of an elected public official if the official is formally charged with committing a crime under State or federal law.  The official will be suspended without pay.      The change also provides for the appointment of a temporary replacement. The person serving as temporary replacement will perform the duties of the office during the period of suspension.      If the suspended public official is  acquitted or the criminal charge is dismissed, the official can return to office. The official will be paid the compensation due for the period of suspension.      If the suspended official is convicted or pleads guilty, the public office will be declared vacant. The vacant office will be filled in the manner provided by the Constitution or law for filling a vacancy.

STATEMENT

 

     This constitutional amendment provides that if a person holding elective public office is indicted for or charged with any crime under the laws of this State or of the United States, or for any offense in any other jurisdiction that would be a crime if committed in New Jersey, that person would be suspended from office without compensation until the complaint is dismissed, the prosecution is terminated, the person is acquitted, the person is convicted, or the person pleads guilty or nolo contendere to a crime. The suspension would continue for the period during which an appeal may be filed or the duration of any appeal.     

     If the indicted elected official is a member of the United States Senate or the House of Representatives, the Governor would appoint a temporary replacement who is a member of the same political party as the indicted Senator or Representative. If the indicted elected official is the Governor, the provisions of Article V, Section I, paragraph 7 of this Constitution concerning a temporary absence of the Governor would apply. If the indicted elected official is the Lieutenant Governor, the Governor would appoint a temporary replacement.

     If the indicted elected official is a member of the Senate and is a member of the same political party as the President of the Senate, the President would appoint the temporary replacement. If the indicted elected official is a member of the Senate and is a member of the same political party as the Minority Leader of the Senate, the Minority Leader would appoint a temporary replacement. If the indicted elected official is a member of the Senate and is not a member of the political party of the President of the Senate or the Minority Leader, the President would appoint a temporary replacement who is a member of the same political party as the indicted member.  If the indicted elected official is a member of the General Assembly and a member of the same political party as the Speaker of the General Assembly, the Speaker would appoint a temporary replacement. If the indicted elected official is a member of the General Assembly and a member of the same political party as the Minority Leader of the General Assembly, the Minority Leader would appoint a temporary replacement. If the indicted elected official is a member of the General Assembly and is not a member of the same political party as the Speaker of the General Assembly or the Minority Leader, the Speaker would appoint a temporary replacement who is a member of the same political party as the indicted member. 

     If the indicted elected official is a member of a board of county commissioners, the members of the board by a majority vote thereof would appoint a temporary replacement who is a member of the same political party as the indicted county commissioner. If the indicted elected official is a county executive, county clerk, or county sheriff, the members of the board of county commissioners by a majority vote thereof would appoint a temporary replacement who is a member of the same political party as the indicted county executive, county clerk, or county sheriff, as may be appropriate. For these county level appointments requiring a vote by the board of county commissioners, if the members of the board fail to appoint a temporary replacement after two voting attempts, the Commissioner of Community Affairs would appoint a temporary replacement who is a member of the same political party as the indicted member. If the indicted elected official is a county surrogate, the Chief Justice of the Supreme Court would appoint a temporary replacement who is a member of the same political party as the indicted county surrogate. 

     In the case of an indicted elected official in a municipality that holds nonpartisan elections, the members of the governing body by a majority vote thereof would appoint a temporary replacement. In the case of an indicted elected official in a municipality that holds partisan elections, the members of the governing body by a majority vote thereof would appoint a temporary replacement who is a member of the same political party as the indicted elected official. For these municipal level appointments requiring a vote by the members of the governing body, if the members fail to appoint a temporary replacement after two voting attempts, the Commissioner of Community Affairs would appoint a temporary replacement. In the case of municipalities that  hold partisan elections, that person would be a member of the same political party as the indicted member.

     If the indicted elected official is a member of a board of education, the members of the board of education by a majority vote thereof would appoint a temporary replacement. If the members of the board of education fail to appoint a temporary replacement after two voting attempts, the Commissioner of Education would appoint a temporary replacement.

     If the indicted elected official is a member of any other public body, the members of the public body by a majority vote thereof would appoint a temporary replacement. If the members of the public body fail to appoint a temporary replacement after two voting attempts, the Commissioner of Community Affairs would appoint a temporary replacement. 

     The functions, powers, duties, and emoluments of the public office shall devolve to the person appointed as a temporary replacement.

     Under the amendment, if a person suspended is acquitted, the complaint is dismissed, the prosecution is terminated, or the finding of guilt is overturned or vacated upon appeal, the person would be restored as soon as possible to office for the remainder of the term for which the official was elected to serve, with full payment of compensation for the period of suspension and no loss of seniority. If a person suspended is convicted, or the person pleads guilty or nolo contendere, or the finding of guilt is upheld upon appeal, the office would be declared vacant and would be filled as provided by the State Constitution or statutory law.