S585

An Act prohibiting simultaneous holding of certain State, county and municipal elective and appointive positions and amending R.S.19:3-5 and N.J.S.40A:9-4 and supplementing Title 19 of the Revised Statutes.

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. 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. , c. (C. )(pending before the Legislature as this bill), shall resign from either the office of member of the Senate or the General Assembly or the other elective public office or offices by the thirtieth day following the effective date. A person who does not resign from all elective offices held but one by the thirtieth day following the effective date shall forfeit all elective offices except the one he or she was most recently sworn into.

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 [7] 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.1971, c.2, s.9)

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] unlawful for a member of the Legislature of the State to hold simultaneously any elective or 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 [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] (Deleted by amendment, P.L. , c. )(pending before the Legislature as this bill).

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] (Deleted by amendment, P.L. , c. )(pending before the Legislature as this bill).

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. , c. (C. ) (pending before the Legislature as this bill), holds simultaneously an elective county office and an elective municipal office shall resign from all elective offices held but one by the thirtieth day following the effective date. A person who does not resign from all elective offices held but one by the thirtieth day following the effective date shall forfeit all elective offices except the one that he or she was most recently sworn into.

(6) Notwithstanding the provisions of paragraph (2) of this section, a member of the Legislature who, on the effective date of P.L. , c. (C. ) (pending before the Legislature as this bill), holds simultaneously an appointive office or position in county or municipal government, shall resign from the Legislature or the appointive offices or positions held by the thirtieth day following the effective date. A person who does not so resign by the thirtieth day following the effective date shall forfeit all offices except the one he or she most recently acquired.

(cf: N.J.S.40A:9-4)

3. (New section) a. For elective public office other than as provided in R.S.19:3-5 or N.J.S.40A:9-4, a person elected to public office in this State shall not hold simultaneously any other elective public office.

b. Notwithstanding the provision of subsection a. of this section, a person who holds simultaneously more than one elective public office on the effective date of P.L. , c. (C. )(pending before the Legislature as this bill) shall resign from all elective offices held but one by the thirtieth day following the effective date. A person who does not resign from all elective offices held but one by the thirtieth day following the effective date of this act shall forfeit all elective offices except the one that he or she was most recently sworn into.

4. This act shall take effect immediately.

STATEMENT

This bill requires an individual who holds multiple elective public offices to resign from all elective offices except one by the thirtieth day following the enactment of this bill. If a person holding multiple elective offices does not resign from all elective offices except one by the thirtieth day following the enactment, the person will forfeit all elective offices except the one that he or she was most recently sworn into.

In addition, this bill makes it unlawful for a member of the Legislature to simultaneously hold any appointive office or position in county or municipal government. If a member of the Legislature holding multiple appointive offices or positions does not resign by the thirtieth day following the enactment, the person will forfeit all offices except the one he or she most recently acquired.