New Jersey 2024-2025 Regular Session

New Jersey Assembly Bill ACR56

Introduced
1/9/24  

Caption

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

Impact

Once enacted, the amendment would implement a framework for addressing how to handle elected officials facing criminal charges. It details a systematic approach for temporarily filling their positions while ensuring the continuity of governance. For example, if a federal or state legislator is indicted, the Governor would appoint a temporary replacement from the same political party. The provision ensures that the integrity of the governing body is maintained even while an official addresses their legal circumstances, ultimately aiming to uphold public trust in elected offices.

Summary

Assembly Concurrent Resolution No. 56 (ACR56) proposes an amendment to the New Jersey Constitution regarding the suspension of elected officials who are indicted or charged with crimes. The amendment stipulates that if an elected official is formally charged, they would be suspended from their duties without compensation until the legal proceedings conclude. This suspension would remain until the complaint is dismissed, the official is acquitted, or they are convicted. The charge status must be resolved before they can resume their responsibilities or face vacancy of their office upon a conviction or guilty plea.

Contention

Points of contention may arise particularly around balancing accountability and the rights of elected officials. Critics might argue that the proposal could lead to misuse, where political adversaries might push for charges against rivals to remove them from office. Conversely, supporters contend that the measure is necessary to protect the integrity of public service and to ensure that voters are represented by officials free of criminal accusation during their term.

Implementation

The amendment also includes mechanisms for public voting; once the resolution is finalized, it must be approved by the electorate in the subsequent general election. This approach reflects a democratic process wherein changes to governance structures are decided by the people, significantly involving citizens in the conversation regarding their elected officials' conduct and accountability.

Companion Bills

NJ ACR188

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

NJ SCR149

Carry Over 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 SCR149

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 HB488

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

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 HB157

(Constitutional Amendment) Provides for a term limitation on all statewide elected officials

Similar Bills

NJ SCR149

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

NJ ACR188

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.