A3441

An Act concerning noncitizens voting in local elections and conduct in office by local government officers, amending P.L.1991, c.29, and supplementing Title 40A of the New Jersey Statutes.

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

1. (New section) a. The Legislature finds and declares that pursuant to Article II, Section I, paragraph 3 of the Constitution of the State of New Jersey and Title 19 of the New Jersey Statutes, a local unit of government lacks authority to adopt an ordinance, resolution, or rule or regulation, or take any other action that would authorize or permit individuals who are not citizens of the United States to vote in local elections. Any ordinance, resolution, rule or regulation of, or other action taken on behalf of, a local unit which authorizes or permits individuals who are not citizens of the United States to vote in elections of the local unit shall be against public policy and be null and void.

b. Any vote or act by an elected local government officer, after the effective date P.L. , c. ( ) (pending before the Legislature as this bill), to approve an ordinance or resolution that authorizes or permits individuals who are not citizens of the United States to vote in elections of the local unit constitutes a violation of the elected local government officer’s oath of office to faithfully, impartially and justly perform all the duties of office, as required pursuant to R.S.41:1-3.

2. Section 5 of P.L.1991, c.29 (C.40A:9-22.5) is amended to read as follows:

5. Local government officers or employees under the jurisdiction of the Local Finance Board shall comply with the following provisions:

a. No local government officer or employee or member of his immediate family shall have an interest in a business organization or engage in any business, transaction, or professional activity, which is in substantial conflict with the proper discharge of his duties in the public interest;

b. No independent local authority shall, for a period of one year next subsequent to the termination of office of a member of that authority:

(1) award any contract which is not publicly bid to a former member of that authority;

(2) allow a former member of that authority to represent, appear
for or negotiate on behalf of any other party before that authority; or

(3) employ for compensation, except pursuant to open competitive examination in accordance with Title 11A of the New Jersey Statutes and the rules and regulations promulgated pursuant thereto, any former member of that authority.

The restrictions contained in this subsection shall also apply to any business organization in which the former authority member holds an interest.

c. No local government officer or employee shall use or attempt to use his official position to secure unwarranted privileges or advantages for himself or others;

d. No local government officer or employee shall act in his official capacity in any matter where he, a member of his immediate family, or a business organization in which he has an interest, has a direct or indirect financial or personal involvement that might reasonably be expected to impair his objectivity or independence of judgment;

e. No local government officer or employee shall undertake any employment or service, whether compensated or not, which might reasonably be expected to prejudice his independence of judgment in the exercise of his official duties;

f. No local government officer or employee, member of his immediate family, or business organization in which he has an interest, shall solicit or accept any gift, favor, loan, political contribution, service, promise of future employment, or other thing of value based upon an understanding that the gift, favor, loan, contribution, service, promise, or other thing of value was given or offered for the purpose of influencing him, directly or indirectly, in the discharge of his official duties. This provision shall not apply to the solicitation or acceptance of contributions to the campaign of an announced candidate for elective public office, if the local government officer has no knowledge or reason to believe that the campaign contribution, if accepted, was given with the intent to influence the local government officer in the discharge of his official duties;

g. No local government officer or employee shall use, or allow to be used, his public office or employment, or any information, not generally available to the members of the public, which he receives or acquires in the course of and by reason of his office or employment, for the purpose of securing financial gain for himself, any member of his immediate family, or any business organization with which he is associated;

h. No local government officer or employee or business organization in which he has an interest shall represent any person or party other than the local government in connection with any cause, proceeding, application or other matter pending before any agency in the local government in which he serves. This provision shall not be deemed to prohibit one local government employee from representing another local government employee where the local government agency is the employer and the representation is within the context of official labor union or similar representational responsibilities;

i. No local government officer shall be deemed in conflict with these provisions if, by reason of his participation in the enactment of any ordinance, resolution or other matter required to be voted upon or which is subject to executive approval or veto, no material or monetary gain accrues to him as a member of any business, profession, occupation or group, to any greater extent than any gain could reasonably be expected to accrue to any other member of such business, profession, occupation or group;

j. No elected local government officer shall be prohibited from making an inquiry for information on behalf of a constituent, if no fee, reward or other thing of value is promised to, given to or accepted by the officer or a member of his immediate family, whether directly or indirectly, in return therefor[; and] ;

k. Nothing shall prohibit any local government officer or employee, or members of his immediate family, from representing himself, or themselves, in negotiations or proceedings concerning his, or their, own interests; and

l. No elected local government officer shall engage in any action that violates the provisions of the elected local government officer’s oath of office, as required pursuant to R.S.41:1-3, including with respect to support of the Constitution of the United States and the Constitution of the State of New Jersey.

(cf: P.L.1991, c.29, s.5)

3. This act shall take effect immediately.

STATEMENT

This bill concerns conduct by local government officers while in office by declaring the actions of any local unit to authorize or permit individuals who are not citizens of the United States to vote in elections of the local unit to be against public policy and declare any such policies null and void. The bill maintains that, pursuant to Article II, Section I, paragraph 3 of the New Jersey Constitution and Title 19 of the New Jersey Statutes, only individuals who are citizens of the United States are eligible to vote in elections held in the State, and specifically prohibits elected local government officers from voting or acting to approve any ordinance or resolution which would allow individuals who are not citizens of the United States to vote in elections of the local unit. At least 14 municipalities in various states allow noncitizens to participate in certain elections. The bill also amends the “Local Government Ethics Law” to include violations of an elected local government officer’s oath of office by a local government officer as a violation under the “Local Government Ethics Law,” and subject to potential fine.