Bill Text: NJ SCR14 | 2016-2017 | Regular Session | Introduced

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Bill Title: Proposes constitutional amendment to require primary election before general election to fill gubernatorial vacancy.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2016-01-12 - Introduced in the Senate, Referred to Senate State Government, Wagering, Tourism & Historic Preservation Committee [SCR14 Detail]

Download: New_Jersey-2016-SCR14-Introduced.html

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SENATE CONCURRENT RESOLUTION No. 14

STATE OF NEW JERSEY

217th LEGISLATURE

 

PRE-FILED FOR INTRODUCTION IN THE 2016 SESSION

 

 

Sponsored by:

Senator  JIM WHELAN

District 2 (Atlantic)

 

 

 

 

SYNOPSIS

     Proposes constitutional amendment to require primary election before general election to fill gubernatorial vacancy.

 

CURRENT VERSION OF TEXT

     Introduced Pending Technical Review by Legislative Counsel.

  

A Concurrent Resolution proposing to amend Article V, Section I, paragraph 9 of the New Jersey Constitution.

 

     Be It Resolved by the Senate of the State of New Jersey (the General Assembly concurring):

    

   1.  The following amendment to the Constitution of the State of New Jersey is hereby agreed to:

 

PROPOSED AMENDMENT

 

     a.     Amend Article V, Section I, paragraph 9 to read as follows:

     9.    In the event of  a vacancy in the office of Lieutenant Governor resulting from the death, resignation or removal of a Lieutenant Governor in office or the death of a Lieutenant Governor-elect or from any other cause, the Governor shall appoint a Lieutenant Governor within forty-five days of the occurrence of the vacancy to fill the unexpired term.

     If a Lieutenant Governor becomes Governor, or in the event of simultaneous vacancies in the offices of Governor and Lieutenant Governor, a Governor and a Lieutenant Governor shall be elected to fill the unexpired terms of both offices at the next general election, unless the assumption of the office of Governor by the Lieutenant Governor, or the vacancies, as the case may be, occur within [sixty] 240 days immediately preceding a general election, in which case they shall be elected at the second succeeding general election.  A primary election for the office of Governor shall be held on the same day as the primary election for the general election.  No election to fill the unexpired terms shall be held in any year in which a Governor and Lieutenant Governor are to be elected for full terms.  A Governor and Lieutenant Governor elected for unexpired terms shall assume their offices immediately upon their election.

(cf: Art. V, Sec. I, par.9, amended effective January 17, 2006)

 

     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 REQUIRE A PRIMARY ELECTION IF THERE IS A VACANCY IN THE OFFICE OF GOVERNOR
	YES	Do you approve amending the Constitution to require the holding of a primary election when there is a vacancy in the office of Governor?      It would be held at the same time as a regular primary election in June.      At present, the Constitution does not require that a primary be held.
		INTERPRETIVE STATEMENT
	NO	Currently, the Constitution requires that the Lieutenant Governor become Governor if there is a vacancy in the office of Governor.  The Lieutenant Governor serves until a new Governor is elected at a general election to fill the unexpired term.  The election is held in November unless the vacancy occurs less than 60 days before the general election, in which case it is held the following year.      This amendment requires a primary election if there is a vacancy in the office of Governor.  It would be held in June at the same time as the regular primary election.  At a primary election, voters choose a person from their political party to run for office at the general election.  This amendment increases the number of days from 60 to 240 so that the primary election for Governor can always take place at the same time as a regular primary election.

 

STATEMENT

 

     This constitutional amendment requires a primary election to be held before a general election to fill a vacancy in the office of Governor.

     Currently, under the provisions of the New Jersey Constitution, if there is a vacancy in the office of Governor, the Lieutenant Governor assumes the office until a general election is held in November to elect a new Governor to complete the unexpired term. The November general election may be in the same year in which the vacancy occurs.  However, if the vacancy occurs within 60 days of the November general election, the vacancy will be filled at the November general election in the following year.  In either case, no primary election is expressly required.

     Under this amendment, a primary election will be required before a general election in November to fill the vacancy in the office of Governor.  To allow the primary election to always occur at the same time as the regular primary in June, this amendment provides that if a vacancy occurs within 240 days of the next general election in November, the election to fill the vacancy must occur at the November general election in the following year.