Provides for the appointment of a replacement lieutenant-governor by the governor, subject to the approval of the state senate, during permanent vacancy of office

In case of permanent vacancy in the office of lieutenant-governor alone, on grounds of impeachment, resignation, death, or otherwise permanent absence from the state, the governor shall appoint a lieutenant-governor within thirty days of such a permanent vacancy, subject to the confirmation by a majority vote in the state senate and a majority vote in the state assembly within thirty days of such appointment by the governor, to perform all duties of such office for the remainder of the term. If either the senate or the assembly fails to confirm such appointment then the governor will make a new appointment subject to the confirmation by a majority vote in the state senate and a majority vote in the state assembly.

In addition, the Lieutenant Governor shall not act as the governor when the governor is absent from the state.

Existing law

§ 6. The lieutenant-governor shall possess the same qualifications of eligibility for office as the governor. The lieutenant-governor shall be the president of the senate but shall have only a casting vote therein. The lieutenant-governor shall receive for his or her services an annual salary to be fixed by joint resolution of the senate and assembly.

In case of vacancy in the offices of both governor and lieutenant-governor, a governor and lieutenant-governor shall be elected for the remainder of the term at the next general election happening not less than three months after both offices shall have become vacant. No election of a lieutenant-governor shall be had in any event except at the time of electing a governor.

In case of vacancy in the offices of both governor and lieutenant-governor or if both of them shall be impeached, absent from the state or otherwise unable to discharge the powers and duties of the office of governor, the temporary president of the senate shall act as governor until the inability shall cease or until a governor shall be elected.

In case of vacancy in the office of lieutenant-governor alone, or if the lieutenant-governor shall be impeached, absent from the state or otherwise unable to discharge the duties of office, the temporary president of the senate shall perform all the duties of lieutenant-governor during such vacancy or inability.

If, when the duty of acting as governor devolves upon the temporary president of the senate, there be a vacancy in such office or the temporary president of the senate shall be absent from the state or otherwise unable to discharge the duties of governor, the speaker of the assembly shall act as governor during such vacancy or inability. The legislature may provide for the devolution of the duty of acting as governor in any case not provided for in this article.

Justification

There is nothing in the Constitution that applies to a permanent vacancy. In past situations, a vacancy in the Lieutenant Governor's office went unfilled (most recently, the 1984 resignation of Lieutenant Governor Alfred DelBello), opening a potential succession to the Governor's position to legislative leaders not elected statewide. New Jersey - which does not have a Lieutenant Governor, twice had gubernatorial resignations over the past 10 years (Christie Todd Whitman, Jim McGreevy) with acting gubernatorial authority devolving to State Senate leader ship.

Since the Lieutenant Governor is elected on the same general election ballot as the Governor; and is generally approved of the gubernatorial candidate during the electoral process, it makes proper sense to allow the Governor to appoint a successor Lieutenant Governor when a vacancy occurs, to complete the term until the next gubernatorial election. In the case of permanent vacancy in the office of lieutenant-governor alone, on grounds of impeachment, resignation, death, or otherwise permanent absence from the state, the governor shall appoint a lieutenant governor, subject to the confirmation by a majority vote in the state senate and a majority vote in the state assembly, to perform all duties of such office for the remainder of the term until the next gubernatorial election. State Senate and State Assembly confirmation is provided as the standard check-and-balance, similar to the process used to select a U. S. Vice President when a vacancy occurs. In addition, today's technology allows access to all pertinent information thereby allowing the governor to continue his duties and function as such while absent from state.

Prior legislative history

2007-08: A.7167 (Latimer) Referred to Judiciary 2009-2010: A.208 (Latimer) Referred to Judiciary 2011-2012: A.69 (Latimer) OPINION REFERRED TO JUDICIARY 2011-2012: S.111 (Parker) OPINION REFERRED TO JUDICIARY 2013-2014: S.2050A (Latimer) Referred to Judiciary 2013-2014: A.5115A (Galef) OPINION REFERRED TO JUDICIARY

Fiscal implications

No cost to state.

Local fiscal implications

None.

Effective date

This amendment shall take effect the first regular legislative session convening after the next succeeding general election of members of the Assembly.