Bill > ACR56

Introduced Session

This constitutional amendment provides that if a person holding elective public office is indicted for or charged with any crime under the laws of this State or of the United States, or for any offense in any other jurisdiction that would be a crime if committed in New Jersey, that person would be suspended from office without compensation until the complaint is dismissed, the prosecution is terminated, the person is acquitted, the person is convicted, or the person pleads guilty or nolo contendere to a crime. The suspension would continue for the period during which an appeal may be filed or the duration of any appeal. If the indicted elected official is a member of the United States Senate or the House of Representatives, the Governor would appoint a temporary replacement who is a member of the same political party as the indicted Senator or Representative. If the indicted elected official is the Governor, the provisions of Article V, Section I, paragraph 7 of this Constitution concerning a temporary absence of the Governor would apply. If the indicted elected official is the Lieutenant Governor, the Governor would appoint a temporary replacement. If the indicted elected official is a member of the Senate and is a member of the same political party as the President of the Senate, the President would appoint the temporary replacement. If the indicted elected official is a member of the Senate and is a member of the same political party as the Minority Leader of the Senate, the Minority Leader would appoint a temporary replacement. If the indicted elected official is a member of the Senate and is not a member of the political party of the President of the Senate or the Minority Leader, the President would appoint a temporary replacement who is a member of the same political party as the indicted member. If the indicted elected official is a member of the General Assembly and a member of the same political party as the Speaker of the General Assembly, the Speaker would appoint a temporary replacement. If the indicted elected official is a member of the General Assembly and a member of the same political party as the Minority Leader of the General Assembly, the Minority Leader would appoint a temporary replacement. If the indicted elected official is a member of the General Assembly and is not a member of the same political party as the Speaker of the General Assembly or the Minority Leader, the Speaker would appoint a temporary replacement who is a member of the same political party as the indicted member. If the indicted elected official is a member of a board of county commissioners, the members of the board by a majority vote thereof would appoint a temporary replacement who is a member of the same political party as the indicted county commissioner. If the indicted elected official is a county executive, county clerk, or county sheriff, the members of the board of county commissioners by a majority vote thereof would appoint a temporary replacement who is a member of the same political party as the indicted county executive, county clerk, or county sheriff, as may be appropriate. For these county level appointments requiring a vote by the board of county commissioners, if the members of the board fail to appoint a temporary replacement after two voting attempts, the Commissioner of Community Affairs would appoint a temporary replacement who is a member of the same political party as the indicted member. If the indicted elected official is a county surrogate, the Chief Justice of the Supreme Court would appoint a temporary replacement who is a member of the same political party as the indicted county surrogate. In the case of an indicted elected official in a municipality that holds nonpartisan elections, the members of the governing body by a majority vote thereof would appoint a temporary replacement. In the case of an indicted elected official in a municipality that holds partisan elections, the members of the governing body by a majority vote thereof would appoint a temporary replacement who is a member of the same political party as the indicted elected official. For these municipal level appointments requiring a vote by the members of the governing body, if the members fail to appoint a temporary replacement after two voting attempts, the Commissioner of Community Affairs would appoint a temporary replacement. In the case of municipalities that hold partisan elections, that person would be a member of the same political party as the indicted member. If the indicted elected official is a member of a board of education, the members of the board of education by a majority vote thereof would appoint a temporary replacement. If the members of the board of education fail to appoint a temporary replacement after two voting attempts, the Commissioner of Education would appoint a temporary replacement. If the indicted elected official is a member of any other public body, the members of the public body by a majority vote thereof would appoint a temporary replacement. If the members of the public body fail to appoint a temporary replacement after two voting attempts, the Commissioner of Community Affairs would appoint a temporary replacement. The functions, powers, duties, and emoluments of the public office shall devolve to the person appointed as a temporary replacement. Under the amendment, if a person suspended is acquitted, the complaint is dismissed, the prosecution is terminated, or the finding of guilt is overturned or vacated upon appeal, the person would be restored as soon as possible to office for the remainder of the term for which the official was elected to serve, with full payment of compensation for the period of suspension and no loss of seniority. If a person suspended is convicted, or the person pleads guilty or nolo contendere, or the finding of guilt is upheld upon appeal, the office would be declared vacant and would be filled as provided by the State Constitution or statutory law.

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John DiMaio (R)*,  Greg McGuckin (R), 

Introduced, Referred to Assembly State and Local Government Committee (on 01/09/2024)

Official Document