FOR USE BY LWVNJ MEMBERS ONLY
League of Women Voters of New Jersey
Explanation and Analysis of Nov.
8th, 2005 Ballot Question
Proposes a Constitutional Amendment to Establish the Office of Lieutenant
Governor and Revise Gubernatorial Succession in New Jersey
Prepared by the LWVNJ Gubernatorial Succession Study
Committee: 8/31/05
New Jersey's Constitution stipulates that the President
of the State Senate, followed by the Assembly Speaker, becomes acting
Governor when the Governor permanently vacates the office. The acting
Governor continues to preside in his/her respective legislative chamber
retaining all powers to control the agenda.
At the general election on November
8, 2005, New Jersey citizens will vote on a ballot question to amend
the State Constitution. If approved, the amendment would establish the
office of Lieutenant Governor and revise gubernatorial succession. The
League of Women Voters of New Jersey has prepared this information to
explain this ballot question.
Ballot Question
Shall the amendment of Articles II, IV, V and XI of
the Constitution, agreed to by the Legislature, establishing the office
of Lieutenant Governor, and providing for the term, election, succession,
salary, qualifications, and duties of the office, and for an interim
succession to be employed in the event of a vacancy in the office of
the Governor before the election of the first Lieutenant Governor, be
adopted?
Interpretive Statement (on ballot)
Approval of this amendment would establish the office
of Lieutenant Governor. Candidates for the offices of Governor and Lieutenant
Governor would be elected as joint candidates in the general election.
The Lieutenant Governor would serve as acting Governor during brief
periods when the Governor is absent from the State or unable to serve
and would become Governor in the event of a vacancy in the office of
Governor. The Lieutenant Governor would perform other duties as assigned
by the Governor or by law. The first Lieutenant Governor would be elected
at the general election held in 2009. In the event of a permanent vacancy
in the office of the Governor occurring before the inauguration date
of the first Lieutenant Governor, the President of the Senate, followed
by the Speaker of the General Assembly, would become Governor, rather
than acting Governor. A vacancy would be created in the Legislature
if the Senate President or Assembly Speaker becomes Governor, to be
filled in the manner currently provided by the Constitution.
Link to ballot question on the State of New Jersey website:
http://www.njleg.state.nj.us/2004/Bills/ACR/100_I1.PDF
Link to ballot question marked up
with League highlights:
http://www.lwvnj.org/members/gss-ballot.pdf
League's Explanation of Ballot Question
The ballot question proposes to amend the New Jersey Constitution
to establish the position of Lieutenant Governor, effective in the 2009
elections, and to revise gubernatorial succession until that election.
Similar to the federal system, each candidate for Governor
selects their Lieutenant Governor within 30 days after the primary and
they run together on a single ticket for the same term of office.
Like the Governor, the Lieutenant Governor would have
to be at least 30 years of age, a citizen of the United States for at
least 20 years, a resident of the State for at least seven years leading
up to the election (unless s/he was absent during that time on the public
business of the United States or the State), and subject to the prohibitions
against dual office holding.
The proposed amendment permits, but does not require,
the Governor to appoint the Lieutenant Governor to serve as head of
a state department or agency (including Secretary of State but excluding
Attorney General) or to perform other duties as assigned by the Governor,
or both.
The amendment also provides for revising gubernatorial
succession before the 2009 elections. If the Senate President or Assembly
Speaker succeeded the Governor, s/he would be prohibited from continuing
to serve in the legislature. This requirement applies after 2009 as
well in the event of a vacancy in the office of both the Governor and
the Lieutenant Governor.
Process to fill permanent vacancies:
If the Governor's office becomes vacant within the first
three years of the term, the Lieutenant Governor serves only until the
next general election, at which time the people elect a new Governor
and Lieutenant Governor to complete the unexpired term. If the vacancy
occurs within 60 days of the November general election, the Lieutenant
Governor serves until the following year when an election is held for
both Governor and Lieutenant Governor.
A vacancy in the office of Lieutenant Governor is filled
by appointment by the Governor.
League's Analysis
The proposed amendment would guarantee the separation
of powers when a Governor vacates the office, a guarantee that is not
present in the current system. Separation of powers serves as a check
and balance system so that no single public official has too much power.
In New Jersey, an acting Governor may propose legislation on which s/he
will subsequently vote as a member of the state legislature. In addition,
the acting Governor could veto a bill that s/he had voted on as a member
of the legislature. In these situations, New Jersey does not follow
the federal system of ensuring a separation of powers.
Another drawback to the current arrangement for gubernatorial
succession in New Jersey is that a small constituency elects an acting
Governor. Unlike the Governor, who is elected by all New Jersey citizens,
an acting Governor, who is expected to serve all New Jerseyans, is elected
by constituents in only one of New Jersey's 40 legislative districts.
Of the 42 states that currently have a Lieutenant Governor,
experience has demonstrated that the office has been an attractive "training
ground" for underrepresented groups, such as women and ethnic minorities,
who may have difficulty raising sufficient funds to attract statewide
recognition.
According to New Jersey's non-partisan Office of Legislative
Services (OLS), the proposed amendment may have no fiscal impact, as
the costs of adding the office could be offset if the Lieutenant Governor
assumes an existing position as executive department or agency head.
The analysis noted that should the Governor or future statutes provide
for establishment of a salary and staff separate from that of existing
departments, there would be a budgetary impact. Costs range in northeastern
states between $450,000 and $800,000.
The proposed amendment to establish the office of Lieutenant
Governor limits the time during which the Lieutenant Governor may hold
the office of Governor. Specifically, the amendment states if the Governor
vacates the office more than 60 days before a November general election,
a new Governor and Lieutenant Governor would be on the ballot for that
election. If it is less than 60 days, a new Governor and Lieutenant
Governor would be on the ballot for the second succeeding general election
This requirement for a mid-term election as part of a
November general election continues New Jersey's present law. However,
one can argue that with the establishment of a Lieutenant Governor who
has been elected statewide, it is not necessary to hold elections until
his/her term is complete.
Moreover, some have also argued that the requirement for
a midterm election diminishes the importance of the office of Lieutenant
Governor, since a Lieutenant Governor would only be empowered to act
as Governor for a short time before having to stand for re-election.
No long-term business would be undertaken as the Lieutenant Governor
would merely be a temporary caretaker.
It is important to understand that on November 8, 2005,
New Jersey voters have the opportunity to vote "Yes" or "No"
on this ballot question. If the ballot question is defeated, any new
proposal to amend the State Constitution to provide for a Lieutenant
Governor could not be made for three years, until 2008. While current
New Jersey law does not prohibit amending amendments that have been
approved by the voters, experience suggests that it is not likely that
a recently enacted amendment would be modified in the near future. Numerous
attempts to address gubernatorial succession have been introduced in
the legislature since the 1947 Constitutional Convention, but this is
the first time that the legislature has approved a measure to put before
the voters, and the prospects for reintroducing such a measure if the
current one is defeated are uncertain.
Fact sheet and reading list.
Reasons to vote YES for the ballot question:
