Bill Text: NJ S407 | 2010-2011 | Regular Session | Introduced
Bill Title: Prohibits member of Legislature from holding local appointive office or position; removes provision allowing current members holding more than one elective position as of February 1, 2008 to continue to do so if service continuous.
Spectrum: Bipartisan Bill
Status: (Introduced - Dead) 2010-01-12 - Introduced in the Senate, Referred to Senate State Government, Wagering, Tourism & Historic Preservation Committee [S407 Detail]
Download: New_Jersey-2010-S407-Introduced.html
STATE OF NEW JERSEY
214th LEGISLATURE
PRE-FILED FOR INTRODUCTION IN THE 2010 SESSION
Sponsored by:
Senator PHILIP E. HAINES
District 8 (Burlington)
SYNOPSIS
Prohibits member of legislature from holding local appointive office or position; removes provision allowing current members holding more than one elective position as of February 1, 2008 to continue to do so if service continuous.
CURRENT VERSION OF TEXT
Introduced Pending Technical Review by Legislative Counsel
An Act concerning members of the Legislature holding more than one elective or appointive public office simultaneously, 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.
(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 unlawful for a person to hold simultaneously an elective county office and an elective municipal office.
(2) It shall be [lawful] unlawful for a member of the Legislature of the State to hold simultaneously any appointive office or position in county or municipal government.
(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 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. (Deleted by amendment, P.L.2007, c.161).
b. (Deleted by amendment, P.L.2007, c.161).
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.
(5) Notwithstanding the provision of paragraph (1) of this section, a person who, on the effective date of P.L.2007, c.161, holds simultaneously an elective county office and an elective municipal office may continue to hold the elective offices simultaneously if service in those elective offices is continuous following the effective date of P.L.2007, c.161.
(cf: P.L.2007, c.161, s.2)
3. This act shall take effect on the 30th day following the day of enactment.
STATEMENT
This bill prohibits a member of the Legislature from holding simultaneously any other appointive office or position in county or municipal government.
The bill also removes, effective immediately, the provision of current law that permits a member of the Legislature who held more than one elective office on February 1, 2008 to continue to hold those offices if service in the Senate or General Assembly and the other elective office are continuous after February 1, 2008.
Under the bill, a member must either resign from the Legislature or remain as a member of the Legislature but resign all other appointive or elective offices before the 30th day following the day of enactment of the bill.
