ACR157

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

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

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

PROPOSED AMENDMENT

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. The Lieutenant Governor shall take office upon confirmation by a majority vote of each House of the Legislature.

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 days immediately preceding a general election, in which case they shall be elected at the second succeeding 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 VACANCY IN OFFICE OF LIEUTENANT GOVERNOR BE FILLED UPON APPROVAL BY LEGISLATURE
	YES	Do you approve amending the State Constitution to require the Legislature to approve the person the Governor appoints to fill a vacancy in the Office of Lieutenant Governor? The Legislature has no role in the appointment. Currently, the Governor appoints a new Lieutenant Governor to fill a vacancy in that office.
		INTERPRETIVE STATEMENT
	NO	Under current law, the Governor has 45 days to appoint a person to fill a vacancy in the Office of Lieutenant Governor. A vacancy can be caused if the Lieutenant Governor dies, resigns, is removed from office, or becomes Governor. The Legislature has no role in filling the vacancy. This amendment requires the Legislature to approve the person the Governor picks to fill the vacancy. Under this amendment, the person the Governor picks to fill the vacancy would take office only after approval by a majority vote in each House of the Legislature.

STATEMENT

This concurrent resolution proposes to amend the New Jersey Constitution to require the Legislature to approve a person appointed by the Governor to fill a vacancy in the Office of Lieutenant Governor.

Currently, when a vacancy in the Office of Lieutenant Governor occurs, the Governor has 45 days to appoint a new person. A vacancy in the office can be caused by the death, resignation or removal of a Lieutenant Governor, or the death of a Lieutenant Governor-elect, or any other cause. The Legislature does not participate in that appointment.

This proposed constitutional amendment would require the Legislature to approve the Governor’s appointee to fill a vacancy in the Office of Lieutenant Governor. Under this amendment, the Governor’s appointee will take office only if the Legislature approves that appointee by a majority vote.