Bill Text: NJ ACR77 | 2024-2025 | Regular Session | Introduced

New Jersey Assembly Concurrent Resolution 77

Introduced

Bill Title: Proposes constitutional amendment to provide for election of Attorney General.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced) 2024-01-09 - Introduced, Referred to Assembly Judiciary Committee [ACR77 Detail]

Download: New_Jersey-2024-ACR77-Introduced.html

ASSEMBLY CONCURRENT RESOLUTION No. 77

STATE OF NEW JERSEY

221st LEGISLATURE

PRE-FILED FOR INTRODUCTION IN THE 2024 SESSION

Sponsored by:

Assemblyman ERIK PETERSON

District 23 (Hunterdon, Somerset and Warren)

SYNOPSIS

Proposes constitutional amendment to provide for election of Attorney General.

CURRENT VERSION OF TEXT

Introduced Pending Technical Review by Legislative Counsel.

A Concurrent Resolution proposing to amend Articles II, IV, and V of the Constitution of the State of New Jersey, Article VII of the Constitution by adding a new paragraph, and Article XI of the Constitution by adding a new section.

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

1. The following proposed amendments to the Constitution of the State of New Jersey are agreed to:

PROPOSED AMENDMENTS

a. Amend Article II, Section I, paragraph 1 to read as follows:

1. General elections shall be held annually on the first Tuesday after the first Monday in November; but the time of holding such elections may be altered by law. The Governor, Lieutenant Governor, Attorney General, and members of the Legislature shall be chosen at general elections. Local elective officers shall be chosen at general elections or at such other times as shall be provided by law.

(cf: Art. II, Sec. I, para. 1, amended effective January 17, 2006)

b. Amend Article IV, Section V, paragraph 1 to read as follows:

1. No member of the Senate or General Assembly, during the term for which the member shall have been elected, shall be nominated, elected or appointed to any State civil office or position, of profit, which shall have been created by law, or the emoluments whereof shall have been increased by law, during such term. The provisions of this paragraph shall not prohibit the election of any person as Governor, as Lieutenant Governor, as Attorney General, or as a member of the Senate or General Assembly.

(cf: Art. IV, Sec. V, par. 1, amended effective January 17, 2006)

c. Amend Article V, Section IV, paragraph 3 to read as follows:

3. The Secretary of State [and the Attorney General] shall be nominated and appointed by the Governor with the advice and consent of the Senate to serve during the term of office of the Governor, except the Governor may appoint the Lieutenant Governor to serve as Secretary of State without the advice and consent of the Senate.

(cf: Art. V, Sec. IV, par. 3, amended effective January 17, 2006)

d. Amend Article VII, Section I by the addition of a new paragraph 7 to read as follows:

7. The Attorney General shall be the chief law officer of the State. The Attorney General shall be an attorney in good standing licensed to practice law in the State of New Jersey.

The Attorney General shall exercise such powers and perform such duties as may now or hereafter be conferred upon or required of the Attorney General, either by the Constitution or by the common and statutory law of the State, including, but not limited to, investigating and prosecuting public corruption; ensuring that the laws of the State are uniformly and adequately enforced; appearing for and representing the people of the State before the Supreme Court in cases in which the State or the people of the State are interested; instituting and prosecuting actions and proceedings in favor of or for the use of the State, which may be necessary in the execution of the duties of any State officer; and defending actions and proceedings against any State officer, in the officer's official capacity, in any court of this State or the United States.

The Attorney General shall be elected by the legally qualified voters of this State at the general election held during the first year of the full term of the Governor. The candidate for Attorney General receiving the greatest number of votes shall be elected. If two or more candidates for Attorney General shall be equal and greatest in votes, one candidate shall be elected by the vote of a majority of all the members of both houses of the Legislature in a joint meeting at the regular legislative session next following the election. Contested elections for the office of Attorney General shall be determined in such manner as may be provided by law.

The term of office of the Attorney General shall be four years, beginning at noon of the third Tuesday in January next following the election, and ending at noon on the third Tuesday in January four years thereafter. No person who has been elected Attorney General for two successive terms, including an unexpired term, shall again be eligible for that office until the third Tuesday in January of the fourth year following the expiration of the second such successive term.

The Attorney General shall not be less than thirty years of age. The Attorney General shall have been for at least twenty years a citizen of the United States and a resident of this State seven years next before election to office, unless absence during that time was on the public business of the United States or of this State.

No member of Congress or person holding any office, or position of profit, under this State or the United States shall be Attorney General. If the Attorney General or person administering the office of Attorney General shall accept any other office, or position of profit, under this State or the United States, the office of Attorney General shall thereby be vacated. No Attorney General shall be elected by the Legislature to any office during the term for which the person shall have been elected Attorney General.

In the event of a vacancy in the office of the Attorney General resulting from any cause, or in the event of the incapacity or impeachment of the Attorney General, the functions, powers, duties, and benefits of the office shall devolve upon such officers and in the order of succession as shall be provided by law.

In the event of a vacancy in the office of Attorney General, an Attorney General shall be elected to fill the unexpired term at the next general election, unless the vacancy shall occur within seventy days immediately preceding a general election, in which case the Attorney General shall be elected at the second succeeding general election. No election to fill the unexpired term shall be held in any year in which an election for a full term is to be held. An Attorney General elected for an unexpired term shall assume office immediately upon election.

No diminution in the functions, powers, and duties of the Attorney General, whether by law or by executive order or proclamation, enacted, adopted or issued after the election of any person to that office, shall take effect until another person has been elected to succeed that person and has qualified into office.

The Attorney General shall receive for services a salary, which shall not be diminished or increased during the period for which the Attorney General shall have been elected and shall not be less than four-fifths of the salary received by the Governor.

e. Amend Article XI by the addition of a new Section VIII to read as follows:

Until the Attorney General is elected and qualifies pursuant to Article VII, Section I, paragraph 7 of this Constitution, the Attorney General shall be nominated and appointed by the Governor with the advice and consent of the Senate to serve during the term of office of the Governor.

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 PROVIDE FOR THE ELECTION OF THE ATTORNEY GENERAL Do you approve amending the Constitution to provide for the election of the State Attorney General? Currently, the Attorney General is appointed by the Governor, with the advice and consent of the Senate.
	YES
		INTERPRETIVE STATEMENT
	NO	This change to the Constitution would allow the voters to elect the State Attorney General. The Attorney General would be the chief law officer of the State. The Attorney General would serve for a term of four years. The election of the Attorney General would take place at the general election held during the first year of the term of the Governor. The Attorney General would have to be at least 30 years old, a citizen of the United States for 20 years, and a resident of the State for seven years. The Attorney General must also be a member in good standing of the bar of the State of New Jersey. Currently, the Attorney General is appointed by the Governor, with the advice and consent of the Senate, to serve during the Governor's term of office.

SCHEDULE

The first election of the Attorney General shall be held at the first general election following the general election, including the general election at which this amendment is approved by the voters if applicable, at which a Governor and Lieutenant are elected for a full term.

STATEMENT

This proposed Constitutional amendment would provide for the election by the voters of the State Attorney General. Currently, the Attorney General is appointed by the Governor, with the advice and consent of the Senate, to serve during the Governor's term of office.

The Attorney General would be the chief law officer of the State and must be an attorney in good standing and licensed to practice law in the State of New Jersey.

The Attorney General would be elected by the legally qualified voters of this State at the general election held during the first year of the full term of the Governor.

The term of office of the Attorney General would be four years, beginning at noon of the third Tuesday in January next following the election, and ending at noon on the third Tuesday in January four years thereafter.

The Attorney General would have to be at least 30 years old. The Attorney General would have to be a citizen of the United States for at least 20 years and a resident of this State for seven years.

In the event of a vacancy in the office of the Attorney General resulting from any cause, or in the event of the incapacity or impeachment of the Attorney General, the functions, powers, duties and emoluments of the office would devolve upon such officers and in the order of succession as would be provided by law.

In the event of a vacancy in the office of Attorney General, an Attorney General would be elected to fill the unexpired term at the next general election, unless the vacancy shall occur within seventy days immediately preceding a general election, in which case the Attorney General would be elected at the second succeeding general election.

The Attorney General would exercise such powers and perform such duties as may now or hereafter be conferred upon or required of the Attorney General, either by the Constitution or by the common and statutory law of the State.

No diminution in the functions, powers, and duties of the Attorney General, whether by law or by executive order or proclamation, enacted, adopted or issued after the election of any person to that office, could take effect until another person has been elected to succeed that person and has qualified into office.

The Attorney General will receive for services a salary which will not be less than four-fifths of the salary received by the Governor.