Bill Text: NJ S1938 | 2010-2011 | Regular Session | Introduced
Bill Title: Prohibits elected officials from holding more than one elective office.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2010-05-20 - Introduced in the Senate, Referred to Senate State Government, Wagering, Tourism & Historic Preservation Committee [S1938 Detail]
Download: New_Jersey-2010-S1938-Introduced.html
Sponsored by:
Senator THOMAS GOODWIN
District 14 (Mercer and Middlesex)
SYNOPSIS
Prohibits elected officials from holding more than one elective office.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning dual office holding by elected officials and amending R.S.19:3-5 and N.J.S.40A:9-4.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. R.S.19:3-5 is amended to read as follows:
19:3-5. No person shall hold at the same time more than one of the following offices: elector of President and Vice-President of the United States, member of the United States Senate, member of the House of Representatives of the United States, member of the Senate or of the General Assembly of this State, county clerk, register, surrogate or sheriff.
No person shall hold the office of member of the Senate or the General Assembly of this State and, at the same time, hold any other elective public office in this State, except that any person who holds the office of member of the Senate or the General Assembly and, at the same time, holds any other elective public office on the effective date of P.L.2007, c.161 may continue to hold that office of member of the Senate or that office of member of the General Assembly, and may hold that other elective public office at the same time if service in the Senate or the General Assembly and the other elective office are continuous following the effective date of P.L.2007, c.161.
No person shall be elected an elector of President and Vice-President of the United States unless he shall possess the qualifications of a legal voter of the State, shall be of the age of 25 years or upwards and shall have been a citizen of the United States seven years next preceding such election.
No person shall be elected a member of the House of Representatives, or an elector of President and Vice-President who shall hold any office of trust or profit under the United States.
No person shall hold at the same time more than one elective public office in this State or a political subdivision or instrumentality thereof.
(cf: P.L.2007, c.161, s.1)
2. N.J.S.40A:9-4 is amended to read as follows:
40A:9-4. (1) It shall be [lawful] unlawful for a person to hold simultaneously an elective county office and an elective municipal office.
(2) It shall be lawful for a member of the Legislature of the State to hold simultaneously any [elective or] appointive office or position in county or municipal government. It shall be unlawful for a member of the Legislature to simultaneously hold any other elective public office.
(3) Nothing contained in this section shall be deemed to prevent the incumbent of any office from abstaining from voting in any matter in which [he] the incumbent believes he or she has a conflict of duty or of interest, nor to prevent a challenge of a right to vote on that account under the principles of the common law or any statute.
(4) [a. Nothing herein contained shall be deemed to repeal or supersede any statute prohibiting the dual holding of offices or positions.
b. This section shall apply to persons now holding elective offices or positions with the counties and municipalities or now serving as members of the Legislature of the State.
c.] For the purposes of this section the term "elective office" shall mean an office to which an incumbent is elected by the vote of the general electorate.
(cf: N.J.S.40A:9-4)
3. This act shall take effect on the 30th day from enactment and any elected official holding more than one elective office shall resign from all but one office by that effective date.
STATEMENT
Current law allows elected officials to also hold other elective public offices. This bill would prohibit an elected official from simultaneously holding another elective public office. This bill would allow the incumbent 30 days to resign from all but one elective office, so that the person will continue to serve in only one elective office.
