[First Reprint]

SENATE, No. 1737

STATE OF NEW JERSEY

217th LEGISLATURE

INTRODUCED MARCH 7, 2016

Sponsored by:

Senator  SHIRLEY K. TURNER

District 15 (Hunterdon and Mercer)

Senator  NILSA CRUZ-PEREZ

District 5 (Camden and Gloucester)

SYNOPSIS

     Establishes new procedure to fill congressional vacancies by election; eliminates special election option; requires congressional vacancy be filled on general election day; requires Governor to make appointment from same party to temporarily fill Senate vacancy.

CURRENT VERSION OF TEXT

     As amended by the Senate on February 13, 2017.

An Act concerning the filling of congressional vacancies and supplementing Title 19 of the Revised Statutes, amending R.S.19:27-12, and repealing various sections of statutory law.

     Be It Enactedby the Senate and General Assembly of the State of New Jersey:

     1.    (New section)  If a vacancy occurs in the representation of this State in the United States Senate, the Governor shall make a temporary appointment to fill the vacancy within 30 days of the occurrence of the vacancy.  If the person vacating the office is a member of a political party, the temporary appointee shall be a member of the same political party.  The appointee shall serve until the person elected at the next applicable general election is qualified and assumes office.

     If the vacancy occurs on or before the 1[70th] 85th1 day preceding the general election for that year, the Governor shall issue a writ of election 1on or before the 70th day preceding the election1 designating the day of that general election as the election day to fill the vacancy.  If the vacancy occurs after the 1[70th] 85th1 day preceding the general election for that year, the Governor shall issue a writ of election 1on or before the 70th day preceding the election1 designating the day of the general election in the following year as the election day to fill the vacancy.  Notwithstanding the provisions of this section, a vacancy shall not be filled at the general election which immediately precedes the expiration of the term in which the vacancy occurs.

     If the vacancy occurs after the 1[70th] 85th1 day preceding a general election but on or before the 70th day preceding the primary election for the next general election, the candidates nominated for election to fill the vacancy shall be selected at that primary election.  If the vacancy occurs after the 70th day preceding the primary election for the general election, 1[each] the Governor shall issue a writ of election within 15 days of the occurrence of the vacancy. The Secretary of State shall, upon receipt of the writ, post the writ in a conspicuous location on the official website of the Division of Elections. Each1 political party shall select its candidate to fill such vacancy in the same manner prescribed in R.S.19:13-20 for selecting candidates to fill vacancies arising among candidates nominated at primary elections, except that the time for making such selection and filing the statement thereof shall be 1[within 10 days following the issuance of the writ of election] on or before the last Monday in July1.  Petitions of nomination of other candidates shall be filed in the office of the Secretary of State 1[within 10 days of the date of the issuance of the writ] no later than the last Monday in July1.  The Secretary of State 1[, on the eleventh day following the date of the issuance of the writ,]1 shall certify to the clerk and county board of each county affected by the vacancy a statement of all candidates selected and nominated for the office so vacated 1in accordance with R.S.19:13-221.

     2.    (New section)  If a vacancy occurs in the representation of this State in the United States House of Representatives, the Governor shall issue a writ of election to fill such vacancy 1on or before the 70th day preceding the election,1 unless the vacancy occurs in an even-numbered year after the 1[70th] 85th1 day preceding the general election in which case the Governor shall not issue a writ of election. 1The Secretary of State shall, upon receipt of the writ, post the writ in a conspicuous location on the official website of the Division of Elections.1

     If the vacancy occurs on or before the 1[70th] 85th1 day preceding the general election for that year, the writ of election shall designate the day of that general election as the election day to fill the vacancy.  If the vacancy occurs in an odd-numbered year after the 1[70th] 85th1 day preceding the general election, the writ of election shall designate the day of the general election in the following year as the election day to fill the vacancy.

     If the vacancy occurs after the 1[70th] 85th1 day preceding a general election but on or before the 70th day preceding the primary election for the next general election, the candidates nominated for election to fill the vacancy shall be selected at that primary election.  If the vacancy occurs after the 70th day preceding the primary election for the general election, each political party shall select its candidate to fill such vacancy in the same manner prescribed in R.S.19:13-20 for selecting candidates to fill vacancies arising among candidates nominated at primary elections, except that the time for making such selection and filing the statement thereof shall be 1[within 10 days following the issuance of the writ of election] on or before the last Monday in July1.  Petitions of nomination of other candidates shall be filed in the office of the Secretary of State 1[within 10 days of the date of the issuance of the writ] on or before the last Monday in July1.  The Secretary of State 1[, on the eleventh day following the date of the issuance of the writ,]1 shall certify to the clerk and county board of each county affected by the vacancy a statement of all candidates selected and nominated for the office so vacated 1in accordance with R.S.19:13-221.

     3.    R.S.19:27-12 is amended to read as follows:

     19:27-12.  Notice of special elections other than those to fill vacancies in the [United States senate, United States house of representatives,] state senate or general  assembly shall be given in accordance with the provisions of any statute, ordinance or resolution relative thereto.  If such statute, ordinance or  resolution fails to provide for the giving of notice by officials to officials or by officials to the public, such notice shall be given in the manner herein provided for giving notice of the general election so far as may be.

(cf: R.S.19:27-12)

     4.    The following sections are repealed:

     R.S.19:3-26;

     R.S.19:3-27;

     R.S.19:27-4;

     R.S.19:27-6; 1[and]

     R.S.19:27-9; and1

     Section 1 of P.L.1945, c.206 (C.19:27-10.1).

     5.    This act shall take effect immediately.