New Jersey-2024-S2058-Introduced

An Act prohibiting county clerks, sheriffs, and surrogates from serving as a chairperson, co-chairperson, or vice-chairperson of a county political party committee, amending N.J.S.2B:14-1 and N.J.S.40A:9-108, and supplementing chapter 9 of Title 40A of the New Jersey Statutes.

Be It Enacted by the Senate and General Assembly of the State of New Jersey:

1. The Legislature finds and declares the following:

The State indisputably has a compelling interest in preserving the integrity of its election process and the impartiality of those involved in the conduct of elections, as well as preserving the independence and impartiality of its judiciary and those entrusted to secure courthouses and protect judicial personnel. Toward that end, the State may enact laws that prohibit certain elected county officials from dually serving in leadership positions with county committees of political parties to ensure that processes related to elections in this State and protecting county courthouses and their assigned personnel are conducted with integrity and without the appearance of significant power, control, and influence by certain political party officials who play an outsized role in the processes by which the "line" is awarded to candidates seeking elected partisan office.

County clerks, sheriffs, and surrogates are elected by the voters of each county pursuant to Article VII, Section II, paragraph 2 of the New Jersey Constitution. Under the State Constitution, the term of office of county clerks and surrogates is five years, and of sheriffs is three years.

County clerks have significant roles pursuant to law in the conduct of all elections in this State. The office of the county clerk administers many important election functions, including preparation and mailing of all mail-in ballots and sample ballots, the acceptance of nominating petitions, the design and preparation of voting machine ballot layouts, and the tallying of election results.

County sheriffs are law enforcers who provide for the security of the courthouses in the counties and protect judges and all personnel assigned to these facilities.

County surrogates serve as Deputy Clerk of the Superior Court, Chancery Division, Probate Part as well as Judge of the Surrogate's Court. While county surrogates are barred from holding office with political party committees, that bar is imposed through the code of judicial conduct of the Judicial Branch, and not by statute.

The restriction imposed by this act is not without precedent. County prosecutors have been barred since 1964 from holding any office or position with any political party. In addition, the federal Hatch Act prohibits civil service employees in the executive branch of the federal government and others, except the president and vice president, from engaging in some forms of political activity. The purpose of the Hatch Act is to maintain a federal workforce that is free from partisan political influence or coercion.

County committees of political parties exist to promote the party platform in county and municipal governments through grassroots support, assist candidates running for office, and provide a community of like-minded party members to enhance their local and national goals.

The chairperson, co-chairperson, and vice-chairperson of a county committee of a political party wield significant power, control, and influence in this State over processes related to elections. They and the county committee members are responsible for nominating candidates for office on the ballot in their party's primary. They evaluate and nominate candidates for offices from President of the United States to city council. They and the committee members play a crucial role in ensuring the order and fairness of elections.

This act will not bar a county clerk, sheriff, and surrogate from serving as a member of the county committee of a political party if elected to that position. However, serving as an individual member of a multi-member county committee connotes a significantly lesser degree of power, control, and influence than serving as a chairperson, co-chairperson, and vice-chairperson. County clerks, sheriffs, and surrogates will continue to have the ability to associate with a political party and its members. They will have a role and voice in the party's activities, but not at the level of power, control, and influence wielded by a chairperson, co-chairperson, and vice-chairperson.

This act is among the least restrictive means of achieving the State's compelling interest in fulfilling its obligations to ensure free and fair elections. This act implicates the right of county clerks, sheriffs, and surrogates to participate in politics by restricting only their ability to simultaneously serve in an elective public office and certain political leadership positions. This act does not place a restriction on the operations of the county committee of a political party; rather, it restricts the dual office holding of an individual who chooses to serve as a sheriff, county clerk, or surrogate.

2. N.J.S.2B:14-1 is amended to read as follows:

2B:14-1. a. Election of Surrogates. A Surrogate shall be elected to serve in each county for a five-year term commencing January 1 after election. The Surrogate shall be both the Judge and Clerk of the Surrogate's Court.

b. A Surrogate shall not serve as a chairperson, co-chairperson, or vice-chairperson, or its functional equivalent, of a county committee of a political party.

The prohibition against serving as a chairperson, co-chairperson, or vice-chairperson, or its functional equivalent, of a county committee of a political party shall require a surrogate, if any, serving in such a position on the effective date of P.L. ,
c. (pending before the Legislature as this bill) to resign within 120 days after the effective date of P.L. , c. (pending before the Legislature as this bill), unless the expiration of the term for that position as that term was specified when the surrogate commenced serving in that position is sooner.

(cf: P.L.1999, c.70, s.1)

3. N.J.S.40A:9-108 is amended to read as follows:

40A:9-108. a. No person shall hold any other civil office during the time he holds and exercises the office of sheriff and by acceptance of the latter office his former office shall be deemed vacated, provided, however, that the governing body of any county may, by ordinance or resolution, as appropriate, provide that any person holding and exercising the office of sheriff may simultaneously hold and exercise the office of county emergency management coordinator but shall not receive any compensation or any other benefits otherwise attached to the office of county emergency management coordinator during such time as such person shall hold both such offices.

b. A sheriff shall not serve as a chairperson, co-chairperson, or vice-chairperson, or its functional equivalent, of a county committee of a political party.

The prohibition against serving as a chairperson, co-chairperson, or vice-chairperson, or its functional equivalent, of a county committee of a political party shall require a sheriff, if any, serving in such a position on the effective date of P.L. , c. (pending before the Legislature as this bill) to resign within 120 days after the effective date of P.L. , c. (pending before the Legislature as this bill), unless the expiration of the term for that position as that term was specified when the sheriff commenced serving in that position is sooner.

(cf: P.L.2015, c.90, s.1)

4. (New section) A county clerk shall not serve as a chairperson, co-chairperson, or vice-chairperson, or its functional equivalent, of a county committee of a political party.

The prohibition against serving as a chairperson, co-chairperson, or vice-chairperson, or its functional equivalent, of a county committee of a political party shall require a county clerk, if any, serving in such a position on the effective date of P.L. ,
c. (pending before the Legislature as this bill) to resign within 120 days after the effective date of P.L. , c. (pending before the Legislature as this bill), unless the expiration of the term for that position as that term was specified when the county clerk commenced serving in that position is sooner.

5. This act shall take effect immediately.

STATEMENT

This bill prohibits county clerks, sheriffs, and surrogates from serving as a chairperson, co-chairperson, and vice-chairperson, or its functional equivalent, of a county committee of a political party.

The prohibition against serving as a chairperson, co-chairperson, or vice-chairperson, or its functional equivalent, of a county committee of a political party shall require a county clerk, sheriff, or surrogate, if any, serving in such a position on the effective date of this bill to resign within 120 days after the effective date of this bill, unless the expiration of the term for that position as that term was specified when the county clerk, sheriff, or surrogate commenced serving in that position is sooner.