New Jersey 2022-2023 Regular Session

New Jersey Senate Bill SCR149

Introduced
12/4/23  

Caption

Proposes constitutional amendment to provide suspension and temporary replacement of indicted elected official with vacancy in office declared upon conviction.

Impact

This amendment seeks to modify Article VII of the New Jersey Constitution, introducing a clear process for dealing with situations where elected officials face legal challenges. It is intended to maintain the integrity of public office by ensuring that individuals charged with serious offenses do not continue to serve while their legal status is under question. By ensuring a temporary replacement is appointed from the same political party, the bill aims to maintain political continuity during such circumstances. This approach could potentially increase public trust in governmental officials by demonstrating a commitment to accountability.

Summary

Senate Concurrent Resolution No. 149 (SCR149), introduced in the New Jersey legislature, proposes a constitutional amendment that aims to establish procedures for the suspension and temporary replacement of elected officials who are indicted or charged with crimes. The resolution mandates that an elected official shall be suspended without compensation until the legal proceedings, including any appeals, are fully resolved. If convicted or if they plead guilty, their office would be declared vacant, while officials who are acquitted or have their charges dismissed can return to their positions with back pay for the period of suspension.

Contention

However, SCR149 is likely to face contention regarding implications for political power dynamics. Critics may argue that the proposal could be exploited for partisan advantage, enabling political parties to influence who fills a seat temporarily. Additionally, questions may arise about the fairness of suspending officials who are merely charged but not yet convicted, which may be viewed as undermining the presumption of innocence. The discussions around this resolution also reflect broader themes of government accountability and the balance of power between elected officials and the electorate.

Companion Bills

NJ ACR188

Same As Proposes constitutional amendment to provide suspension and temporary replacement of indicted elected official with vacancy in office declared upon conviction.

Previously Filed As

NJ ACR188

Proposes constitutional amendment to provide suspension and temporary replacement of indicted elected official with vacancy in office declared upon conviction.

NJ ACR56

Proposes constitutional amendment to provide suspension and temporary replacement of indicted elected official with vacancy in office declared upon conviction.

NJ HB0176

Elected Official Vacancy Amendments

NJ HB2702

Relating to vacancies in offices of state officials

NJ SB624

Relating to vacancies in offices of state officials

NJ ACR100

Proposes temporary constitutional amendment to provide for State constitutional convention to reduce government spending and to reform system of property taxation.

NJ ACR63

Proposes temporary constitutional amendment to provide for State constitutional convention to reduce government spending and to reform system of property taxation.

NJ HJR148

Proposing a constitutional amendment providing for appointments to fill vacancies for certain judicial offices and for nonpartisan retention elections for those offices.

NJ HB488

Proposing Amendments To The Hawaii Constitution To Promote Accountability In Elected Officials.

NJ HB0063

Vacancies in elected office.

Similar Bills

NJ ACR188

Proposes constitutional amendment to provide suspension and temporary replacement of indicted elected official with vacancy in office declared upon conviction.

NJ ACR56

Proposes constitutional amendment to provide suspension and temporary replacement of indicted elected official with vacancy in office declared upon conviction.

LA HB580

Increase the penalties for operating a vehicle with fictitious plates and provides for specifications for temporary registration plates issued by dealers and the display of temporary registrations plates issued by dealers (EN INCREASE SG RV See Note)

TX HB4207

Relating to the creation of the Aransas County Groundwater Conservation District; providing authority to issue bonds and impose a tax; providing general law authority to impose fees and surcharges.

CA AB2526

Temporary emergency gun violence restraining orders.

TX SB1290

Relating to the creation of the Calhoun County Groundwater Conservation District; providing authority to issue bonds.

TX SB1360

Relating to the creation of the Aransas County Groundwater Conservation District; providing authority to issue bonds and impose a tax; providing general law authority to impose fees and surcharges.

TX HB3924

Relating to the creation of the Comal Trinity Groundwater Conservation District; providing authority to issue bonds; providing authority to impose assessments, fees, or surcharges.