New Jersey-2024-S3228-Introduced

An Act concerning public office and certain political activity, amending P.L.1964, c.168 and P.L.1968, c.266, and supplementing P.L.1948, c.439 (C.52:17B-1 et seq.).

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

1. Section 1 of P.L.1964, c.168 (C.2A:158-21) is amended to read as follows:

1. a. A person who holds the position of county prosecutor, assistant prosecutor, or legal assistant to a prosecutor, with indictment authority, shall not be a candidate for, or hold, elective public office for a period of three years immediately following the termination of that person's service as county prosecutor, assistant prosecutor, or legal assistant to a prosecutor.

b. No county prosecutor, assistant prosecutor or legal assistant to a prosecutor, while holding any such office or position, shall (1) be a candidate for election to, or hold, any elective public office or any office or position with any political party or club, or (2) in connection with the candidacy of any person for public office, sign or authorize the use of his name in connection with political or campaign literature or material, or print or publish in order to distribute such political or campaign literature or material[; provided, however, that the prohibition against holding office contained in this act shall not prevent any individual, holding or filling any such office as of the effective date of this act, from completing any term of office for which he has heretofore been elected or chosen; and provided further that nothing herein contained shall be construed to prohibit any such prosecutor, assistant prosecutor or legal assistant from being a candidate for election to, or from holding, the office or position of delegate or alternate to the national convention of any political party].

(cf: P.L.1964, c.168, s.1)

2. (New section) a. A person who holds the position of Attorney General, First Assistant Attorney General, or any other person who holds a position with indictment authority in the Office of the Attorney General, shall not be a candidate for, or hold, elective public office for a period of three years immediately following the termination of that person's service as Attorney General, First Assistant Attorney General, or another position with indictment authority.

b. No person who holds the position of Attorney General or First Assistant Attorney General, or another position with indictment authority in the Office of the Attorney General, while holding any such office or position, shall (1) be a candidate for election to, or hold, any elective public office or any office or position with any political party or club, or (2) in connection with the candidacy of any person for public office, sign or authorize the use of his name in connection with political or campaign literature or material, or print, publish, or distribute such political or campaign literature or material.

3. Section 1 of P.L.1968, c.266 (C.52:9M-1) is amended to read as follows:

1. There is hereby created a permanent State Commission of Investigation. The commission shall consist of four members, to be known as commissioners.

Two members of the commission shall be appointed by the Governor. One each shall be appointed by the President of the Senate and by the Speaker of the General Assembly. Each member shall serve for a term of four years and until the appointment and qualification of his successor. No person shall serve, in succession, more than two four-year terms and any portion of an unexpired term as a member of the commission. The Governor shall designate one of the members to serve as chairman of the commission.

The members of the commission appointed by the President of the Senate and the Speaker of the General Assembly and at least one of the members appointed by the Governor shall be attorneys admitted to the bar of this State.

No member or employee of the commission shall hold any other public office or public employment. No member of the commission shall have held any elective office or have been a candidate for any elective office within the one year preceding his appointment to the commission. No member of the commission, while serving as a member, shall (1) be a candidate for election to, or hold, any elective public office or any office or position with any political party or club, or (2) in connection with the candidacy of any person for public office, sign or authorize the use of his name in connection with political or campaign literature or material, or print, publish, or distribute such political or campaign literature or material. No member of the commission shall hold any elective office or be a candidate for any elective office within the [one year] three years subsequent to his termination of service as a member of the commission.

Not more than two of the members shall belong to the same political party.

Each member of the commission shall receive an annual salary of $35,000. Each member shall also be entitled to reimbursement for his expenses actually and necessarily incurred in the performance of his duties, including expenses of travel outside of the State.

Vacancies on the commission shall be filled for the unexpired terms in the same manner as original appointments. Vacancies on the commission shall be filled by the appropriate appointing authority within 120 days. If the appropriate appointing authority does not fill a vacancy within that time period, the vacancy shall be filled by the Chief Justice of the Supreme Court within 60 days. A vacancy on the commission shall not impair the right of the remaining members to exercise all the powers of the commission.

Any determination made by the commission shall be by majority vote. "Majority vote" means the affirmative vote of at least three members of the commission if there are no vacancies on the commission or the affirmative vote of at least two members of the commission if there is a vacancy.

(cf: P.L.2005, c.58, s.1)

4. This act shall take effect on the 180th day following enactment and shall apply to any person who holds the position of Attorney General, First Assistant Attorney General, county prosecutor, assistant prosecutor, legal assistant to a prosecutor, member of the State Commission of Investigation, or any other position with indictment authority identified herein on and after that effective date.

STATEMENT

This bill would prohibit certain public officials from campaigning for election to public office during the term of their public service and for a period of three years afterwards. The bill would apply to the Attorney General and the First Assistant Attorney General, all county prosecutors, assistant prosecutors, legal assistants to prosecutors, and certain other persons in those offices with indictment authority, as well as the four members of the State Commission of Investigation. The provisions of this bill would not apply to municipal prosecutors.

Under the bill, no person who holds any of these positions could (1) be a candidate for election to, or hold, any elective public office or any office or position with any political party or club, or (2) in connection with the candidacy of any person for public office, sign or authorize the use of his name in connection with political or campaign literature or material, or print, publish, or distribute such political or campaign literature or material. These restrictions already apply to county prosecutors, assistant prosecutors, and legal assistants to prosecutors and would be extended under the bill to the Attorney General, the First Assistant Attorney General, and the members of the State Commission of Investigation.

In addition, the bill provides that any such official could not be a candidate for, or hold, elective public office for a period of three years immediately following the termination of that person's service in the position. There is a current one-year post-service ban for members of the State Commission of Investigation, which would be increased to three years to establish consistency amongst all of the officials covered by the bill.

The intent of this bill is to prevent persons who are holding positions of public trust from misusing those positions for political gain.