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NEW
JERSEY
CONSTITUTION OF THE STATE OF
NEW JERSEY - 1947
Updated Through Amendments Adopted in November, 2000
A Constitution agreed
upon by the delegates of the people of New Jersey, in Convention, begun
at Rutgers University, the State University of New Jersey, in New
Brunswick, on the twelfth day of June, and continued to the tenth day of
September, in the year of our Lord one thousand nine hundred and
forty-seven.
We, the people of the
State of New Jersey, grateful to Almighty God for the civil and
religious liberty which He hath so long permitted us to enjoy, and
looking to Him for a blessing upon our endeavors to secure and transmit
the same unimpaired to succeeding generations, do ordain and establish
this Constitution.
ARTICLE I
RIGHTS AND PRIVILEGES
- All
persons are by nature free and independent, and have certain natural
and unalienable rights, among which are those of enjoying and
defending life and liberty, of acquiring, possessing, and protecting
property, and of pursuing and obtaining safety and happiness.
- a.
All political power is inherent in the people. Government is
instituted for the protection, security, and benefit of the people,
and they have the right at all times to alter or reform the same,
whenever the public good may require it.
b. The people reserve unto themselves the power to recall, after at
least one year of service, any elected official in this State or
representing this State in the United States Congress. The Legislature
shall enact laws to provide for such recall elections. Any such laws
shall include a provision that a recall election shall be held upon
petition of at least 25% of the registered voters in the electoral
district of the official sought to be recalled. If legislation to
implement this constitutional amendment is not enacted within one year
of the adoption of the amendment, the Secretary of State shall, by
regulation, implement the constitutional amendment, except that
regulations adopted by the Secretary of State shall be superseded by
any subsequent legislation consistent with this constitutional
amendment governing recall elections. The sufficiency of any statement
of reasons or grounds procedurally required shall be a political
rather than a judicial question.
- No
person shall be deprived of the inestimable privilege of worshipping
Almighty God in a manner agreeable to the dictates of his own
conscience; nor under any pretense whatever be compelled to attend any
place of worship contrary to his faith and judgment; nor shall any
person be obliged to pay tithes, taxes, or other rates for building or
repairing any church or churches, place or places of worship, or for
the maintenance of any minister or ministry, contrary to what he
believes to be right or has deliberately and voluntarily engaged to
perform.
-
There shall be no establishment of one religious sect in preference to
another; no religious or racial test shall be required as a
qualification for any office or public trust.
- No
person shall be denied the enjoyment of any civil or military right,
nor be discriminated against in the exercise of any civil or military
right, nor be segregated in the militia or in the public schools,
because of religious principles, race, color, ancestry or national
origin.
-
Every person may freely speak, write and publish his sentiments on all
subjects, being responsible for the abuse of that right. No law shall
be passed to restrain or abridge the liberty of speech or of the
press. In all prosecutions or indictments for libel, the truth may be
given in evidence to the jury; and if it shall appear to the jury that
the matter charged as libelous is true, and was published with good
motives and for justifiable ends, the party shall be acquitted; and
the jury shall have the right to determine the law and the fact.
- The
right of the people to be secure in their persons, houses, papers, and
effects, against unreasonable searches and seizures, shall not be
violated; and no warrant shall issue except upon probable cause,
supported by oath or affirmation, and particularly describing the
place to be searched and the papers and things to be seized.
- No
person shall be held to answer for a criminal offense, unless on the
presentment or indictment of a grand jury, except in cases of
impeachment, or in cases now prosecuted without indictment, or arising
in the army or navy or in the militia, when in actual service in time
of war or public danger.
- The
right of trial by jury shall remain inviolate; but the Legislature may
authorize the trial of civil causes by a jury of six persons. The
Legislature may provide that in any civil cause a verdict may be
rendered by not less than five-sixths of the jury. The Legislature may
authorize the trial of the issue of mental incompetency without a
jury.
- In
all criminal prosecutions the accused shall have the right to a speedy
and public trial by an impartial jury; to be informed of the nature
and cause of the accusation; to be confronted with the witnesses
against him; to have compulsory process for obtaining witnesses in his
favor; and to have the assistance of counsel in his defense.
- No
person shall, after acquittal, be tried for the same offense. All
persons shall, before conviction, be bailable by sufficient sureties,
except for capital offenses when the proof is evident or presumption
great.
-
Excessive bail shall not be required, excessive fines shall not be
imposed, and cruel and unusual punishments shall not be inflicted. It
shall not be cruel and unusual punishment to impose the death penalty
on a person convicted of purposely or knowingly causing death or
purposely or knowingly causing serious bodily injury resulting in
death who committed the homicidal act by his own conduct or who as an
accomplice procured the commission of the offense by payment or
promise of payment of anything of pecuniary value.
- No
person shall be imprisoned for debt in any action, or on any judgment
found upon contract, unless in cases of fraud; nor shall any person be
imprisoned for a militia fine in time of peace.
- The
privilege of the writ of habeas corpus shall not be suspended, unless
in case of rebellion or invasion the public safety may require it.
- The
military shall be in strict subordination to the civil power.
- No
soldier shall, in time of peace, be quartered in any house, without
the consent of the owner; nor in time of war, except in a manner
prescribed by law.
-
Treason against the State shall consist only in levying war against
it, or in adhering to its enemies, giving them aid and comfort. No
person shall be convicted of treason, unless on the testimony of two
witnesses to the same overt act, or on confession in open court.
- The
people have the right freely to assemble together, to consult for the
common good, to make known their opinions to their representatives,
and to petition for redress of grievances.
-
Persons in private employment shall have the right to organize and
bargain collectively. Persons in public employment shall have the
right to organize, present to and make known to the State, or any of
its political subdivisions or agencies, their grievances and proposals
through representatives of their own choosing.
-
Private property shall not be taken for public use without just
compensation. Individuals or private corporations shall not be
authorized to take private property for public use without just
compensation first made to the owners.
- This
enumeration of rights and privileges shall not be construed to impair
or deny others retained by the people.
- A victim of a crime shall
be treated with fairness, compassion and respect by the criminal
justice system. A victim of a crime shall not be denied the right to
be present at public judicial proceedings except when, prior to
completing testimony as a witness, the victim is properly sequestered
in accordance with law or the Rules Governing the Courts of the State
of New Jersey. A victim of a crime shall be entitled to those rights
and remedies as may be provided by the Legislature. For the purposes
of this paragraph, "victim of a crime" means: a) a person who has
suffered physical or psychological injury or has incurred loss of or
damage to personal or real property as a result of a crime or an
incident involving another person operating a motor vehicle while
under the influence of drugs or alcohol, and b) the spouse, parent,
legal guardian, grandparent, child or sibling of the decedent in the
case of a criminal homicide. Article I, paragraph 2 amended effective
January 1, 1994; paragraph 9 amended effective December 4, 1973;
paragraph 12 amended effective December 3, 1992; paragraph 22 added
effective December 5, 1991.
ARTICLE II
ELECTIONS AND SUFFRAGE
SECTION I
-
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 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.
- All
questions submitted to the people of the entire State shall be voted
upon at the general election next occurring at least 70 days following
the final action of the Governor or the Legislature, as appropriate,
necessary to submit the questions. The text of any such question shall
be published at least once in one or more newspapers of each county,
if any newspapers be published therein, at least 60 days before the
election at which it is to be submitted to the people, and the results
of the vote upon a question shall be void unless the text thereof
shall have been so published. Article II, paragraph 2 amended
effective December 8, 1988.
- (a)
Every citizen of the United States, of the age of 18 years, who shall
have been a resident of this State and of the county in which he
claims his vote 30 days, next before the election, shall be entitled
to vote for all officers that now are or hereafter may be elective by
the people, and upon all questions which may be submitted to a vote of
the people; and
(b) (Deleted by amendment, effective December 5, 1974.)
(c) Any person registered as a voter in any election district of this
State who has removed or shall remove to another state or to another
county within this State and is not able there to qualify to vote by
reason of an insufficient period of residence in such state or county,
shall, as a citizen of the United States, have the right to vote for
electors for President and Vice President of the United States, only,
by Presidential Elector Absentee Ballot, in the county from which he
has removed, in such manner as the Legislature shall provide. Article
II, paragraph 3 amended effective December 5,1974.
- In
time of war no elector in the military service of the State or in the
armed forces of the United States shall be deprived of his vote by
reason of absence from his election district. The Legislature may
provide for absentee voting by members of the armed forces of the
United States in time of peace. The Legislature may provide the manner
in which and the time and place at which such absent electors may
vote, and for the return and canvass of their votes in the election
district in which they respectively reside.
- No
person in the military, naval or marine service of the United States
shall be considered a resident of this State by being stationed in any
garrison, barrack, or military or naval place or station within this
State.
- No
idiot or insane person shall enjoy the right of suffrage.
- The Legislature may pass
laws to deprive persons of the right of suffrage who shall be
convicted of such crimes as it may designate. Any person so deprived,
when pardoned or otherwise restored by law to the right of suffrage,
shall again enjoy that right.
SECTION II
- (a)
After each federal census taken in a year ending in zero, the
Congressional districts shall be established by the New Jersey
Redistricting Commission. The commission shall consist of 13 members,
none of whom shall be a member or employee of the Congress of the
United States. The members of the commission shall be appointed with
due consideration to geographic, ethnic and racial diversity and in
the manner provided herein.
(b) There shall first be appointed 12 members as follows:
(1) two members to be appointed by the President of the Senate;
(2) two members to be appointed by the Speaker of the General
Assembly;
(3) two members to be appointed by the minority leader of the Senate;
(4) two members to be appointed by the minority leader of the General
Assembly; and
(5) four members, two to be appointed by the chairman of the State
committee of the political party whose candidate for the office of
Governor received the largest number of votes at the most recent
gubernatorial election and two to be appointed by the chairman of the
State committee of the political party whose candidate for the office
of Governor received the next largest number of votes in that
election. Appointments to the commission under this subparagraph shall
be made on or before June 15 of each year ending in one and shall be
certified by the respective appointing officials to the Secretary of
State on or before July 1 of that year.
Each partisan delegation so appointed shall appoint one of its members
as its chairman who shall have authority to make such certifications
and to perform such other tasks as the members of that delegation
shall reasonably require.
(c) There shall then be appointed one member, to serve as an
independent member, who shall have been for the preceding five years a
resident of this State, but who shall not during that period have held
public or party office in this State. The independent member shall be
appointed upon the vote of at least seven of the previously appointed
members of the commission on or before July 15 of each year ending in
one, and those members shall certify that appointment to the Secretary
of State on or before July 20 of that year. If the previously
appointed members are unable to appoint an independent member within
the time allowed therefor, they shall so certify to the Supreme Court
not later than that July 20 and shall include in that certification
the names of the two persons who, in the members' final vote upon the
appointment of the independent member, received the greatest number of
votes. Not later than August 10 following receipt of that
certification, the Supreme Court shall by majority vote of its full
authorized membership select, of the two persons so named, the one
more qualified by education and occupational experience, by prior
public service in government or otherwise, and by demonstrated ability
to represent the best interest of the people of this State, to be the
independent member. The Court shall certify that selection to the
Secretary of State not later than the following August 15.
(d) Vacancies in the membership of the commission occurring prior to
the certification by the commission of Congressional districts or
during any period in which the districts established by the commission
may be or are under challenge in court shall be filled in the same
manner as the original appointments were made within five days of
their occurrence. In the case of a vacancy in the membership of the
independent member, if the other members of the commission are unable
to fill that vacancy within that five-day period, they shall transmit
certification of such inability within three days of the expiration of
the period to the Supreme Court, which shall select the person to fill
the vacancy within five days of receipt of that certification.
- The
independent member shall serve as the chairman of the commission. The
commission shall meet to organize as soon as may be practicable after
certification of the appointment of the independent member, but not
later than the Wednesday after the first Monday in September of each
year ending in one. At the organizational meeting the members of the
commission shall determine such organizational matters as they deem
appropriate. Thereafter, a meeting of the commission may be called by
the chairman or upon the request of seven members, and seven members
of the commission shall constitute a quorum at any meeting thereof for
the purpose of taking any action.
- On
or before the third Tuesday of each year ending in two, or within
three months after receipt in each decade by the appropriate State
officer of the official statement by the Clerk of the United States
House of Representatives, issued pursuant to federal law, regarding
the number of members of the House of Representatives apportioned to
this State for that decade, whichever is later, the commission shall
certify the establishment of the Congressional districts to the
Secretary of State. The commission shall certify the establishment of
districts pursuant to a majority vote of the full authorized
membership of the commission convened in open public meeting, of which
meeting there shall be at least 24 hours' public notice. Any vote by
the commission upon a proposal to certify the establishment of a
Congressional district plan shall be taken by roll call and shall be
recorded, and the vote of any member in favor of any Congressional
district plan shall nullify any vote which that member shall
previously have cast during the life of the commission in favor of a
different Congressional district plan. If the commission is unable to
certify the establishment of districts by the time required due to the
inability of a plan to achieve seven votes, the two district plans
receiving the greatest number of votes, but not fewer than five votes,
shall be submitted to the Supreme Court, which shall select and
certify whichever of the two plans so submitted conforms most closely
to the requirements of the Constitution and laws of the United States.
- The
New Jersey Redistricting Commission shall hold at least three public
hearings in different parts of the State. The commission shall,
subject to the constraints of time and convenience, review written
plans for the establishment of Congressional districts submitted by
members of the public.
-
Meetings of the New Jersey Redistricting Commission shall be held at
convenient times and locations and, with the exception of the public
hearings required by paragraph 4 of this section and the meeting at
which the establishment of districts is certified as prescribed by
paragraph 3 of this section, may be closed to the public.
- The
Legislature shall appropriate the funds necessary for the efficient
operation of the New Jersey Redistricting Commission.
-
Notwithstanding any provision to the contrary of this Constitution and
except as otherwise required by the Constitution or laws of the United
States, no court of this State other than the Supreme Court shall have
jurisdiction over any judicial proceeding challenging the appointment
of members to the New Jersey Redistricting Commission, or any action,
including the establishment of Congressional districts, by the
commission or other public officer or body under the provisions of
this section.
- The
establishment of Congressional districts shall be used thereafter for
the election of members of the House of Representatives and shall
remain unaltered through the next year ending in zero in which a
federal census for this State is taken.
- If a plan certified by the
commission is declared unlawful, the commission shall reorganize and
adopt another Congressional district plan in the same manner as herein
required and within the period of time prescribed by the court or
within such shorter period as may be necessary to ensure that the new
plan is effective for the next succeeding primary and general election
for all members of the United States House of Representatives. Article
II, section II added effective December 7, 1995.
ARTICLE III
DISTRIBUTION OF THE POWERS OF GOVERNMENT
- The powers of the
government shall be divided among three distinct branches, the
legislative, executive, and judicial. No person or persons belonging
to or constituting one branch shall exercise any of the powers
properly belonging to either of the others, except as expressly
provided in this Constitution.
ARTICLE IV
LEGISLATIVE
SECTION I
- The
legislative power shall be vested in a Senate and General Assembly.
- No
person shall be a member of the Senate who shall not have attained the
age of thirty years, and have been a citizen and resident of the State
for four years, and of the district for which he shall be elected one
year, next before his election. No person shall be a member of the
General Assembly who shall not have attained the age of twenty-one
years and have been a citizen and resident of the State for two years,
and of the district for which he shall be elected one year, next
before his election. No person shall be eligible for membership in the
Legislature unless he be entitled to the right of suffrage. Article
IV, Section I, paragraph 2 amended effective December 8, 1966.
- Each
Legislature shall be constituted for a term of 2 years beginning at
noon on the second Tuesday in January in each even numbered year, at
which time the Senate and General Assembly shall meet and organize
separately and the first annual session of the Legislature shall
commence. Said first annual session shall terminate at noon on the
second Tuesday in January next following, at which time the second
annual session shall commence and it shall terminate at noon on the
second Tuesday in January then next following but either session may
be sooner terminated by adjournment sine die. All business before
either House or any of the committees thereof at the end of the first
annual session may be resumed in the second annual session. The
legislative year shall commence at noon on the second Tuesday in
January of each year.
Article IV, Section I, paragraph 3 amended effective December 3, 1968.
(Applicable to the 1970 Legislature and thereafter.)
- Special sessions of the
Legislature shall be called by the Governor upon petition of a
majority of all the members of each house, and may be called by the
Governor whenever in his opinion the public interest shall require.
SECTION II
- The
Senate shall be composed of forty senators apportioned among Senate
districts as nearly as may be according to the number of their
inhabitants as reported in the last preceding decennial census of the
United States and according to the method of equal proportions. Each
Senate district shall be composed, wherever practicable, of one single
county, and, if not so practicable, of two or more contiguous whole
counties.
- Each
senator shall be elected by the legally qualified voters of the Senate
district, except that if the Senate district is composed of two or
more counties and two senators are apportioned to the district, one
senator shall be elected by the legally qualified voters of each
Assembly district. Each senator shall be elected for a term beginning
at noon of the second Tuesday in January next following his election
and ending at noon of the second Tuesday in January four years
thereafter, except that each senator, to be elected for a term
beginning in January of the second year following the year in which a
decennial census of the United States is taken, shall be elected for a
term of two years.
- The
General Assembly shall be composed of eighty members. Each Senate
district to which only one senator is apportioned shall constitute an
Assembly district. Each of the remaining Senate districts shall be
divided into Assembly districts equal in number to the number of
senators apportioned to the Senate district. The Assembly districts
shall be composed of contiguous territory, as nearly compact and equal
in the number of their inhabitants as possible, and in no event shall
each such district contain less than eighty per cent nor more than one
hundred twenty per cent of one-fortieth of the total number of
inhabitants of the State as reported in the last preceeding decennial
census of the United States. Unless necessary to meet the foregoing
requirements, no county or municipality shall be divided among
Assembly districts unless it shall contain more than one-fortieth of
the total number of inhabitants of the State, and no county or
municipality shall be divided among a number of Assembly districts
larger than one plus the whole number obtained by dividing the number
of inhabitants in the county or municipality by one-fortieth of the
total number of inhabitants of the State.
- Two members of the General
Assembly shall be elected by the legally qualified voters of each
Assembly district for terms beginning at noon of the second Tuesday in
January next following their election and ending at noon of the second
Tuesday in January two years thereafter. Article IV, Section II,
paragraphs 1, 2, 3, 4 amended effective December 8, 1966.
SECTION III
-
After the next and every subsequent decennial census of the United
States, the Senate districts and Assembly districts shall be
established, and the senators and members of the General Assembly
shall be apportioned among them, by an Apportionment Commission
consisting of ten members, five to be appointed by the chairman of the
State committee of each of the two political parties whose candidates
for Governor receive the largest number of votes at the most recent
gubernatorial election. Each State chairman, in making such
appointments, shall give due consideration to the representation of
the various geographical areas of the State. Appointments to the
Commission shall be made on or before November 15 of the year in which
such census is taken and shall be certified by the Secretary of State
on or before December 1 of that year. The Commission, by a majority of
the whole number of its members, shall certify the establishment of
Senate and Assembly districts and the apportionment of senators and
members of the General Assembly to the Secretary of State within one
month of the receipt by the Governor of the official decennial census
of the United States for New Jersey, or on or before February 1 of the
year following the year in which the census is taken, whichever date
is later.
- If
the Apportionment Commission fails so to certify such establishment
and apportionment to the Secretary of State on or before the date
fixed or if prior thereto it determines that it will be unable so to
do, it shall so certify to the Chief Justice of the Supreme Court of
New Jersey and he shall appoint an eleventh member of the Commission.
The Commission so constituted, by a majority of the whole number of
its members, shall, within one month after the appointment of such
eleventh member, certify to the Secretary of State the establishment
of Senate and Assembly districts and the apportionment of senators and
members of the General Assembly.
- Such establishment and
apportionment shall be used thereafter for the election of members of
the Legislature and shall remain unaltered until the following
decennial census of the United States for New Jersey shall have been
received by the Governor. Article IV, Section III, paragraphs 1, 2, 3
amended effective December 8, 1966.
SECTION IV
- Any
vacancy in the Legislature occasioned otherwise than by expiration of
term shall be filled by election for the unexpired term only at the
next general election occurring not less than 51 days after the
occurrence of the vacancy, except that no vacancy shall be filled at
the general election which immediately precedes the expiration of the
term in which the vacancy occurs. For the interim period pending the
election and qualification of a successor to fill the vacancy, or for
the remainder of the term in the case of a vacancy occurring which
cannot be filled pursuant to the terms of this paragraph at a general
election, the vacancy shall be filled within 35 days by the members of
the county committee of the political party of which the incumbent was
the nominee from the municipalities or districts or units thereof
which comprise the legislative district. Article IV, Section IV,
paragraph 1 amended effective December 8, 1988.
- Each
house shall be the judge of elections, returns and qualifications of
its own members, and a majority of all its members shall constitute a
quorum to do business; but a smaller number may adjourn from day to
day, and may be authorized to compel the attendance of absent members,
in such manner, and under such penalties, as each house may provide.
- Each
house shall choose its own officers, determine the rules of its
proceedings, and punish its members for disorderly behavior. It may
expel a member with the concurrence of two-thirds of all its members.
- Each
house shall keep a journal of its proceedings, and from time to time
publish the same. The yeas and nays of the members of either house on
any question shall, on demand of one-fifth of those present, be
entered on the journal.
-
Neither house, during the session of the Legislature, shall, without
the consent of the other, adjourn for more than three days, or to any
other place than that in which the two houses shall be sitting.
- All
bills and joint resolutions shall be read three times in each house
before final passage. No bill or joint resolution shall be read a
third time in either house until after the intervention of one full
calendar day following the day of the second reading; but if either
house shall resolve by vote of three-fourths of all its members,
signified by yeas and nays entered on the journal, that a bill or
joint resolution is an emergency measure, it may proceed forthwith
from second to third reading. No bill or joint resolution shall pass,
unless there shall be a majority of all the members of each body
personally present and agreeing thereto, and the yeas and nays of the
members voting on such final passage shall be entered on the journal.
-
Members of the Senate and General Assembly shall receive annually,
during the term for which they shall have been elected and while they
shall hold their office, such compensation as shall, from time to
time, be fixed by law and no other allowance or emolument, directly or
indirectly, for any purpose whatever. The President of the Senate and
the Speaker of the General Assembly, each by virtue of his office,
shall receive an additional allowance, equal to one-third of his
compensation as a member.
- The
compensation of members of the Senate and General Assembly shall be
fixed at the first session of the Legislature held after this
Constitution takes effect, and may be increased or decreased by law
from time to time thereafter, but no increase or decrease shall be
effective until the legislative year following the next general
election for members of the General Assembly.
- Members of the Senate and
General Assembly shall, in all cases except treason and high
misdemeanor, be privileged from arrest during their attendance at the
sitting of their respective houses, and in going to and returning from
the same; and for any statement, speech or debate in either house or
at any meeting of a legislative committee, they shall not be
questioned in any other place.
SECTION V
- No
member of the Senate or General Assembly, during the term for which he
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 or as a member of the
Senate or General Assembly.
- The
Legislature may appoint any commission, committee or other body whose
main purpose is to aid or assist it in performing its functions.
Members of the Legislature may be appointed to serve on any such body.
- If
any member of the Legislature shall become a member of Congress or
shall accept any Federal or State office or position, of profit, his
seat shall thereupon become vacant.
- No
member of Congress, no person holding any Federal or State office or
position, of profit, and no judge of any court shall be entitled to a
seat in the Legislature.
- Neither the Legislature nor
either house thereof shall elect or appoint any executive,
administrative or judicial officer except the State Auditor.
SECTION VI
- All
bills for raising revenue shall originate in the General Assembly; but
the Senate may propose or concur with amendments, as on other bills.
- The
Legislature may enact general laws under which municipalities, other
than counties, may adopt zoning ordinances limiting and restricting to
specified districts and regulating therein, buildings and structures,
according to their construction, and the nature and extent of their
use, and the nature and extent of the uses of land, and the exercise
of such authority shall be deemed to be within the police power of the
State. Such laws shall be subject to repeal or alteration by the
Legislature.
- Any
agency or political subdivision of the State or any agency of a
political subdivision thereof, which may be empowered to take or
otherwise acquire private property for any public highway, parkway,
airport, place, improvement, or use, may be authorized by law to take
or otherwise acquire a fee simple absolute or any lesser interest, and
may be authorized by law to take or otherwise acquire a fee simple
absolute in, easements upon, or the benefit of restrictions upon,
abutting property to preserve and protect the public highway, parkway,
airport, place, improvement, or use; but such taking shall be with
just compensation.
- The Legislature, in order
to insure continuity of State, county and local governmental
operations in periods of emergency resulting from disasters caused by
enemy attack, shall have the power and the immediate and continuing
duty by legislation (1) to provide, prior to the occurrence of the
emergency, for prompt and temporary succession to the powers and
duties of public offices, of whatever nature and whether filled by
election or appointment, the incumbents of which may become
unavailable for carrying on the powers and duties of such offices, and
(2) to adopt such other measures as may be necessary and proper for
insuring the continuity of governmental operations. In the exercise of
the powers hereby conferred the Legislature shall in all respects
conform to the requirements of this Constitution except to the extent
that in the judgment of the Legislature to do so would be
impracticable or would admit of undue delay. Article IV, Section VI,
paragraph 4 added effective December 7, 1961.
SECTION VII
- No
divorce shall be granted by the Legislature.
- No gambling of any kind
shall be authorized by the Legislature unless the specific kind,
restrictions and control thereof have been heretofore submitted to,
and authorized by a majority of the votes cast by, the people at a
special election or shall hereafter be submitted to, and authorized by
a majority of the votes cast thereon by, the legally qualified voters
of the State voting at a general election, except that, without any
such submission or authorization:
A. It shall be lawful for bona fide veterans,
charitable, educational, religious or fraternal organizations, civic and
service clubs, senior citizen associations or clubs, volunteer fire
companies and first-aid or rescue squads to conduct, under such
restrictions and control as shall from time to time be prescribed by the
Legislature by law, games of chance of, and restricted to, the selling
of rights to participate, the awarding of prizes, in the specific kind
of game of chance sometimes known as bingo or lotto, played with cards
bearing numbers or other designations, 5 or more in one line, the holder
covering numbers as objects, similarly numbered, are drawn from a
receptacle and the game being won by the person who first covers a
previously designated arrangement of numbers on such a card, when the
entire net proceeds of such games of chance are to be devoted to
educational, charitable, patriotic, religious or public-spirited uses,
and in the case of senior citizen associations or clubs to the support
of such organizations, in any municipality, in which a majority of the
qualified voters, voting thereon, at a general or special election as
the submission thereof shall be prescribed by the Legislature by law,
shall authorize the conduct of such games of chance therein;
B. It shall be lawful for the Legislature to
authorize, by law, bona fide veterans, charitable, educational,
religious or fraternal organizations, civic and service clubs, senior
citizen associations or clubs, volunteer fire companies and first-aid or
rescue squads to conduct games of chance of, and restricted to, the
selling of rights to participate, and the awarding of prizes, in the
specific kinds of games of chance sometimes known as raffles, conducted
by the drawing for prizes or by the allotment of prizes by chance, when
the entire net proceeds of such games of chance are to be devoted to
educational, charitable, patriotic, religious or public-spirited uses,
and in the case of senior citizen associations or clubs to the support
of such organizations, in any municipality, in which such law shall be
adopted by a majority of the qualified voters, voting thereon, at a
general or special election as the submission thereof shall be
prescribed by law and for the Legislature, from time to time, to
restrict and control, by law, the conduct of such games of chance;
C. It shall be lawful for the Legislature to
authorize the conduct of State lotteries restricted to the selling of
rights to participate therein and the awarding of prizes by drawings
when the entire net proceeds of any such lottery shall be for State
institutions and State aid for education; provided, however, that it
shall not be competent for the Legislature to borrow, appropriate or
use, under any pretense whatsoever, lottery net proceeds for the
confinement, housing, supervision or treatment of, or education programs
for, adult criminal offenders or juveniles adjudged delinquent or for
the construction, staffing, support, maintenance or operation of an
adult or juvenile correctional facility or institution;
D. It shall be lawful for the Legslature to
authorize by law the establishment and operation, under regulation and
control by the State, of gambling houses or casinos within the
boundaries, as heretofore established, of the city of Atlantic City,
county of Atlantic, and to license and tax such operations and equipment
used in connection therewith. Any law authorizing the establishment and
operation of such gambling establishments shall provide for the State
revenues derived therefrom to be applied solely for the purpose of
providing funding for reductions in property taxes, rental, telephone,
gas, electric, and municipal utilities charges of eligible senior
citizens and disabled residents of the State, and for additional or
expanded health services or benefits or transportation services or
benefits to eligible senior citizens and disabled residents, in
accordance with such formulae as the Legislature shall by law provide.
The type and number of such casinos or gambling houses and of the
gambling games which may be conducted in any such establishment shall be
determined by or pursuant to the terms of the law authorizing the
establishment and operation thereof;
E. It shall be lawful for the Legislature to
authorize, by law, (1) the simultaneous transmission by picture of
running and harness horse races conducted at racetracks located within
or outside of this State, or both, to gambling houses or casinos in the
city of Atlantic City and (2) the specific kind, restrictions and
control of wagering at those gambling establishments on the results of
those races. The State's share of revenues derived therefrom shall be
applied for services to benefit eligible senior citizens as shall be
provided by law; and
F. It shall be lawful for the Legislature to
authorize, by law, the specific kind, restrictions and control of
wagering on the results of live or simulcast running and harness horse
races conducted within or outside of this State. The State's share of
revenues derived therefrom shall be used for such purposes as shall be
provided by law.
Article IV, Section VII, paragraph 2 amended
effective December 2, 1999.
- The
Legislature shall not pass any bill of attainder, ex post facto law,
or law impairing the obligation of contracts, or depriving a party of
any remedy for enforcing a contract which existed when the contract
was made.
- To
avoid improper influences which may result from intermixing in one and
the same act such things as have no proper relation to each other,
every law shall embrace but one object, and that shall be expressed in
the title. This paragraph shall not invalidate any law adopting or
enacting a compilation, consolidation, revision, or rearrangement of
all or parts of the statutory law.
- No
law shall be revived or amended by reference to its title only, but
the act revived, or the section or sections amended, shall be inserted
at length. No act shall be passed which shall provide that any
existing law, or any part thereof, shall be made or deemed a part of
the act or which shall enact that any existing law, or any part
thereof, shall be applicable, except by inserting it in such act.
- The
laws of this State shall begin in the following style: "Be it enacted
by the Senate and General Assembly of the State of New Jersey."
- No
general law shall embrace any provision of a private, special or local
character.
- No
private, special or local law shall be passed unless public notice of
the intention to apply therefor, and of the general object thereof,
shall have been previously given. Such notice shall be given at such
time and in such manner and shall be so evidenced and the evidence
thereof shall be so preserved as may be provided by law.
- The
Legislature shall not pass any private, special or local laws:
(1) Authorizing the sale of any lands belonging in whole or in part to
a minor or minors or other persons who may at the time be under any
legal disability to act for themselves.
(2) Changing the law of descent.
(3) Providing for change of venue in civil or criminal causes.
(4) Selecting, drawing, summoning or empaneling grand or petit jurors.
(5) Creating, increasing or decreasing the emoluments, term or tenure
rights of any public officers or employees.
(6) Relating to taxation or exemption therefrom.
(7) Providing for the management and control of free public schools.
(8) Granting to any corporation, association or individual any
exclusive privilege, immunity or franchise whatever.
(9) Granting to any corporation, association or individual the right
to lay down railroad tracks.
(10) Laying out, opening, altering, constructing, maintaining and
repairing roads or highways.
(11) Vacating any road, town plot, street, alley or public grounds.
(12) Appointing local officers or commissions to regulate municipal
affairs.
(13) Regulating the internal affairs of municipalities formed for
local government and counties, except as otherwise in this
Constitution provided.
The Legislature shall pass general laws providing for the cases
enumerated in this paragraph, and for all other cases which, in its
judgment, may be provided for by general laws. The Legislature shall
pass no special act conferring corporate powers, but shall pass
general laws under which corporations may be organized and corporate
powers of every nature obtained, subject, nevertheless, to repeal or
alteration at the will of the Legislature.
- Upon
petition by the governing body of any municipal corporation formed for
local government, or of any county, and by vote of two-thirds of all
the members of each house, the Legislature may pass private, special
or local laws regulating the internal affairs of the municipality or
county. The petition shall be authorized in a manner to be prescribed
by general law and shall specify the general nature of the law sought
to be passed. Such law shall become operative only if it is adopted by
ordinance of the governing body of the municipality or county or by
vote of the legally qualified voters thereof. The Legislature shall
prescribe in such law or by general law the method of adopting such
law, and the manner in which the ordinance of adoption may be enacted
or the vote taken, as the case may be.
- The
provisions of this Constitution and of any law concerning municipal
corporations formed for local government, or concerning counties,
shall be liberally construed in their favor. The powers of counties
and such municipal corporations shall include not only those granted
in express terms but also those of necessary or fair implication, or
incident to the powers expressly conferred, or essential thereto, and
not inconsistent with or prohibited by this Constitution or by law.
- Notwithstanding any other
provision of this Constitution and irrespective of any right or
interest in maintaining confidentiality, it shall be lawful for the
Legislature to authorize by law the disclosure to the general public
of information pertaining to the identity, specific and general
whereabouts, physical characteristics and criminal history of persons
found to have committed a sex offense. The scope, manner and format of
the disclosure of such information shall be determined by or pursuant
to the terms of the law authorizing the disclosure. Article IV,
Section VII, paragraph 12 added effective December 7, 2000.
SECTION VIII
-
Members of the Legislature shall, before they enter on the duties of
their respective offices, take and subscribe the following oath or
affirmation: "I do solemnly swear (or affirm) that I will support the
Constitution of the United States and the Constitution of the State of
New Jersey, and that I will faithfully discharge the duties of Senator
(or member of the General Assembly) according to the best of my
ability." Members-elect of the Senate or General Assembly are
empowered to administer said oath or affirmation to each other.
- Every officer of the
Legislature shall, before he enters upon his duties, take and
subscribe the following oath or affirmation: "I do solemnly promise
and swear (or affirm) that I will faithfully, impartially and justly
perform all the duties of the office of ................, to the best
of my ability and understanding; that I will carefully preserve all
records, papers, writings, or property entrusted to me for safekeeping
by virtue of my office, and make such disposition of the same as may
be required by law."
ARTICLE V
EXECUTIVE
SECTION I
- The
executive power shall be vested in a Governor.
- The
Governor shall not be less than thirty years of age, and shall have
been for at least twenty years a citizen of the United States, and a
resident of this State seven years next before his election, unless he
shall have been absent during that time 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 Governor. If
the Governor or person administering the office of Governor shall
accept any other office or position, of profit, under this State or
the United States, his office of Governor shall thereby be vacated. No
Governor shall be elected by the Legislature to any office during the
term for which he shall have been elected Governor.
- The
Governor shall be elected by the legally qualified voters of this
State. The person receiving the greatest number of votes shall be the
Governor; but if two or more shall be equal and greatest in votes, one
of them shall be elected Governor by the vote of a majority of all the
members of both houses in joint meeting at the regular legislative
session next following the election for Governor by the people.
Contested elections for the office of Governor shall be determined in
such manner as may be provided by law.
- The
term of office of the Governor shall be four years, beginning at noon
of the third Tuesday in January next following his election, and
ending at noon of the third Tuesday in January four years thereafter.
No person who has been elected Governor 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 his second successive term.
- In
the event of a vacancy in the office of Governor resulting from the
death, resignation or removal of a Governor in office, or the death of
a Governor-elect, or from any other cause, the functions, powers,
duties and emoluments of the office shall devolve upon the President
of the Senate, for the time being, and in the event of his death,
resignation or removal, then upon the Speaker of the General Assembly,
for the time being; and in the event of his death, resignation or
removal, then upon such officers and in such order of succession as
may be provided by law; until a new Governor shall be elected and
qualify.
- In
the event of the failure of the Governor-elect to qualify, or of the
absence from the State of a Governor in office, or his inability to
discharge the duties of his office, or his impeachment, the functions,
powers, duties and emoluments of the office shall devolve upon the
President of the Senate, for the time being; and in the event of his
death, resignation, removal, absence, inability or impeachment, then
upon the Speaker of the General Assembly, for the time being; and in
the event of his death, resignation, removal, absence, inability or
impeachment, then upon such officers and in such order of succession
as may be provided by law; until the Governor-elect shall qualify, or
the Governor in office shall return to the State, or shall no longer
be unable to discharge the duties of the office, or shall be
acquitted, as the case may be, or until a new Governor shall be
elected and qualify.
-
Whenever a Governor-elect shall have failed to qualify within six
months after the beginning of his term of office, or whenever for a
period of six months a Governor in office, or person administering the
office, shall have remained continuously absent from the State, or
shall have been continuously unable to discharge the duties of his
office by reason of mental or physical disability, the office shall be
deemed vacant. Such vacancy shall be determined by the Supreme Court
upon presentment to it of a concurrent resolution declaring the ground
of the vacancy, adopted by a vote of two-thirds of all the members of
each house of the Legislature, and upon notice, hearing before the
Court and proof of the existence of the vacancy.
- In
the event of a vacancy in the office of Governor, a Governor shall be
elected to fill the unexpired term at the general election next
succeeding the vacancy, unless the vacancy shall occur within sixty
days immediately preceeding a general election, in which case he shall
be elected at the second succeeding general election; but no election
to fill an unexpired term shall be held in any year in which a
Governor is to be elected for a full term. A Governor elected for an
unexpired term shall assume his office immediately upon his election.
- The
Governor shall receive for his services a salary, which shall be
neither increased nor diminished during the period for which he shall
have been elected.
- The
Governor shall take care that the laws be faithfully executed. To this
end he shall have power, by appropriate action or proceeding in the
courts brought in the name of the State, to enforce compliance with
any constitutional or legislative mandate, or to restrain violation of
any constitutional or legislative power or duty, by any officer,
department or agency of the State; but this power shall not be
construed to authorize any action or proceeding against the
Legislature.
- The
Governor shall communicate to the Legislature, by message at the
opening of each regular session and at such other times as he may deem
necessary, the condition of the State, and shall in like manner
recommend such measures as he may deem desirable. He may convene the
Legislature, or the Senate alone, whenever in his opinion the public
interest shall require. He shall be the Commander-in-Chief of all the
military and naval forces of the State. He shall grant commissions to
all officers elected or appointed pursuant to this Constitution. He
shall nominate and appoint, with the advice and consent of the Senate,
all officers for whose election or appointment provision is not
otherwise made by this Constitution or by law.
- The
Governor may fill any vacancy occurring in any office during a recess
of the Legislature, appointment to which may be made by the Governor
with the advice and consent of the Senate, or by the Legislature in
joint meeting. An ad interim appointment so made shall expire at the
end of the next regular session of the Senate, unless a successor
shall be sooner appointed and qualify; and after the end of the
session no ad interim appointment to the same office shall be made
unless the Governor shall have submitted to the Senate a nomination to
the office during the session and the Senate shall have adjourned
without confirming or rejecting it. No person nominated for any office
shall be eligible for an ad interim appointment to such office if the
nomination shall have failed of confirmation by the Senate.
- (a)
When a bill has finally passed both houses, the house in which final
action was taken to complete its passage shall cause it to be
presented to the Governor before the close of the calendar day next
following the date of the session at which such final action was
taken.
(b) A passed bill presented to the Governor shall become law:
(1) if the Governor approves and signs it within the period allowed
for his consideration; or,
(2) if the Governor does not return it to the house of origin, with a
statement of his objections, before the expiration of the period
allowed for his consideration; or,
(3) if, upon reconsideration of a bill objected to by the Governor,
two-thirds of all the members of each house agree to pass the bill.
(c) The period allowed for the Governor's consideration of a passed
bill shall be from the date of presentation until noon of the
forty-fifth day next following or, if the house of origin be in
temporary adjournment on that day, the first day subsequent upon which
the house reconvenes; except that:
(l) if on the said forty-fifth day the Legislature is in adjournment
sine die, any bill then pending the Governor's approval shall be
returned, if he objects to it, at a special session held pursuant to
subparagraph (d) of this paragraph;
(2) any bill passed between the forty-fifth day and the tenth day
preceding the expiration of the second legislative year shall be
returned by the Governor, if he objects to it, not later than noon of
the day next preceding the expiration of the second legislative year;
(3) any bill passed within 10 days preceding the expiration of the
second legislative year shall become law only if the Governor signs it
prior to noon of the seventh day following such expiration, or the
Governor returns it to the House of origin, with a statement of his
objections, and two-thirds of all members of each House agree to pass
the bill prior to such expiration.
(d) For the purpose of permitting the return of bills pursuant to this
paragraph, a special session of the Legislature shall convene, without
petition or call, for the sole purpose of acting upon bills returned
by the Governor, on the forty-fifth day next following adjournment
sine die of the regular session; or, if the second legislative year of
a 2-year Legislature will expire before said forty-fifth day, then the
day next preceding the expiration of the legislative year.
(e) Upon receiving from the Governor a bill returned by him with his
objections, the house in which it originated shall enter the
objections at large in its journal or minutes and proceed to
reconsider it. If, upon reconsideration, on or after the third day
following its return, or the first day of a special session convened
for the sole purpose of acting on such bills, two-thirds of all the
members of the house of origin agree to pass the bill, it shall be
sent, together with the objections of the Governor, to the other
house; and if, upon reconsideration, it is approved by two-thirds of
all the members of the house, it shall become a law. In all such cases
the votes of each house shall be determined by yeas and nays, and the
names of the persons voting for and against the bill shall be entered
on the journal or minutes of each house.
(f) The Governor, in returning with his objections a bill for
reconsideration at any general or special session of the Legislature,
may recommend that an amendment or amendments specified by him be made
in the bill, and in such case the Legislature may amend and reenact
the bill. If a bill be so amended and reenacted, it shall be presented
again to the Governor, but shall become a law only if he shall sign it
within 10 days after presentation, except that any bill amended and
reenacted within 10 days preceding the expiration of the second
legislative year shall become law only if the Governor signs it prior
to noon of the seventh day following such expiration. No bill shall be
returned by the Governor a second time. No bill need be read three
times and no emergency resolution need be adopted for the reenactment
of any bill at a special session of the Legislature.
Article V, Section I, paragraph 14 amended effective December 8, 1983.
- If any bill presented to
the Governor shall contain one or more items of appropriation of
money, he may object in whole or in part to any such item or items
while approving the other portions of the bill. In such case he shall
append to the bill, at the time of signing it, a statement of each
item or part thereof to which he objects, and each item or part so
objected to shall not take effect. A copy of such statement shall be
transmitted by him to the house in which the bill originated, and each
item or part thereof objected to shall be separately reconsidered. If
upon reconsideration, on or after the third day following said
transmittal, one or more of such items or parts thereof be approved by
two-thirds of all the members of each house, the same shall become a
part of the law, notwithstanding the objections of the Governor. All
the provisions of the preceding paragraph in relation to bills not
approved by the Governor shall apply to cases in which he shall
withhold his approval from any item or items or parts thereof
contained in a bill appropriating money.
SECTION II
- The
Governor may grant pardons and reprieves in all cases other than
impeachment and treason, and may suspend and remit fines and
forfeitures. A commission or other body may be established by law to
aid and advise the Governor in the exercise of executive clemency.
- A system for the granting
of parole shall be provided by law.
SECTION III
-
Provision for organizing, inducting, training, arming, disciplining
and regulating a militia shall be made by law, which shall conform to
applicable standards established for the armed forces of the United
States.
- The Governor shall nominate
and appoint all general and flag officers of the militia, with the
advice and consent of the Senate. All other commissioned officers of
the militia shall be appointed and commissioned by the Governor
according to law.
SECTION IV
- All
executive and administrative offices, departments, and
instrumentalities of the State government, including the offices of
Secretary of State and Attorney General, and their respective
functions, powers and duties, shall be allocated by law among and
within not more than twenty principal departments, in such manner as
to group the same according to major purposes so far as practicable.
Temporary commissions for special purposes may, however, be
established by law and such commissions need not be allocated within a
principal department.
- Each
principal department shall be under the supervision of the Governor.
The head of each principal department shall be a single executive
unless otherwise provided by law. Such single executives shall be
nominated and appointed by the Governor, with the advice and consent
of the Senate, to serve at the pleasure of the Governor during his
term of office and until the appointment and qualification of their
successors, except as herein otherwise provided with respect to the
Secretary of State and the Attorney General.
- 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.
-
Whenever a board, commission or other body shall be the head of a
principal department, the members thereof shall be nominated and
appointed by the Governor with the advice and consent of the Senate,
and may be removed in the manner provided by law. Such a board,
commission or other body may appoint a principal executive officer
when authorized by law, but the appointment shall be subject to the
approval of the Governor. Any principal executive officer so appointed
shall be removable by the Governor, upon notice and an opportunity to
be heard.
- The
Governor may cause an investigation to be made of the conduct in
office of any officer or employee who receives his compensation from
the State of New Jersey, except a member, officer or employee of the
Legislature or an officer elected by the Senate and General Assembly
in joint meeting, or a judicial officer. He may require such officers
or employees to submit to him a written statement or statements, under
oath, of such information as he may call for relating to the conduct
of their respective offices or employments. After notice, the service
of charges and an opportunity to be heard at public hearing the
Governor may remove any such officer or employee for cause. Such
officer or employee shall have the right of judicial review, on both
the law and the facts, in such manner as shall be provided by law.
- No rule or regulation made
by any department, officer, agency or authority of this state, except
such as relates to the organization or internal management of the
State government or a part thereof, shall take effect until it is
filed either with the Secretary of State or in such other manner as
may be provided by law. The Legislature shall provide for the prompt
publication of such rules and regulations. The Legislature may review
any rule or regulation to determine if the rule or regulation is
consistent with the intent of the Legislature as expressed in the
language of the statute which the rule or regulation is intended to
implement. Upon a finding that an existing or proposed rule or
regulation is not consistent with legislative intent, the Legislature
shall transmit this finding in the form of a concurrent resolution to
the Governor and the head of the Executive Branch agency which
promulgated, or plans to promulgate, the rule or regulation. The
agency shall have 30 days to amend or withdraw the existing or
proposed rule or regulation. If the agency does not amend or withdraw
the existing or proposed rule or regulation, the Legislature may
invalidate that rule or regulation, in whole or in part, or may
prohibit that proposed rule or regulation, in whole or in part, from
taking effect by a vote of a majority of the authorized membership of
each House in favor of a concurrent resolution providing for
invalidation or prohibition, as the case may be, of the rule or
regulation. This vote shall not take place until at least 20 calendar
days after the placing on the desks of the members of each House of
the Legislature in open meeting of the transcript of a public hearing
held by either House on the invalidation or prohibition of the rule or
regulation.
Article V, section IV, paragraph 6 amended effective December 3, 1992.
ARTICLE VI
JUDICIAL
SECTION I
- The judicial power shall be
vested in a Supreme Court, a Superior Court, and other courts of
limited jurisdiction. The other courts and their jurisdiction may from
time to time be established, altered or abolished by law.
Article VI, Section I, paragraph 1 amended effective December 7, 1978.
SECTION II
- The
Supreme Court shall consist of a Chief Justice and six Associate
Justices. Five members of the court shall constitute a quorum. When
necessary, the Chief Justice shall assign the Judge or Judges of the
Superior Court, senior in service, as provided by rules of the Supreme
Court, to serve temporarily in the Supreme Court. In case the Chief
Justice is absent or unable to serve, a presiding Justice designated
in accordance with rules of the Supreme Court shall serve temporarily
in his stead.
- The
Supreme Court shall exercise appellate jurisdiction in the last resort
in all causes provided in this Constitution.
- The Supreme Court shall
make rules governing the administration of all courts in the State
and, subject to the law, the practice and procedure in all such
courts. The Supreme Court shall have jurisdiction over the admission
to the practice of law and the discipline of persons admitted.
SECTION III
- The
Superior Court shall consist of such number of judges as may be
authorized by law, each of whom shall exercise the powers of the court
subject to rules of the Supreme Court. The Superior Court shall at all
times consist of at least two judges who shall be assigned to sit in
each of the counties of this State, and who are resident therein at
the time of appointment and reappointment.
Article VI, Section III, paragraph 1 amended effective December 7,
1978.
- The
Superior Court shall have original general jurisdiction throughout the
State in all causes.
- The
Superior Court shall be divided into an Appellate Division, a Law
Division and a Chancery Division, which shall include a family part.
Each division shall have such other parts, consist of such number of
judges, and hear such causes, as may be provided by rules of the
Supreme Court. At least two judges of the Superior Court shall at all
times be assigned to sit in each of the counties of the State, who at
the time of their appointment and reappointment were residents of that
county provided, however, that the number of judges required to reside
in the county wherein they sit shall be at least equal in number to
the number of judges of the county court sitting in each of the
counties at the adoption of this amendment.
Article VI, Section III, paragraph 3 amended effective December 8,
1983.
- Subject to rules of the
Supreme Court, the Law Division and the Chancery Division shall each
exercise the powers and functions of the other division when the ends
of justice so require, and legal and equitable relief shall be granted
in any cause so that all matters in controversy between the parties
may be completely determined.
Article VI, Section IV, repealed effective December 7, 1978.
SECTION V
-
Appeals may be taken to the Supreme Court:
(a) In causes determined by the appellate division of the Superior
Court involving a question arising under the Constitution of the
United States or this State;
(b) In causes where there is a dissent in the Appellate Division of
the Superior Court;
(c) In capital causes;
(d) On certification by the Supreme Court to the Superior Court and,
where provided by rules of the Supreme Court, to the inferior courts;
and
(e) In such causes as may be provided by law.
-
Appeals may be taken to the Appellate Division of the Superior Court
from the law and chancery divisions of the Superior Court and in such
other causes as may be provided by law. Article VI, Section V,
paragraphs 1 and 2 amended effective December 7, 1978.
- The
Supreme Court and the Appellate Division of the Superior Court may
exercise such original jurisdiction as may be necessary to the
complete determination of any cause on review.
- Prerogative writs are
superseded and, in lieu thereof, review, hearing and relief shall be
afforded in the Superior Court, on terms and in the manner provided by
rules of the Supreme Court, as of right, except in criminal causes
where such review shall be discretionary.
SECTION VI
- The
Governor shall nominate and appoint, with the advice and consent of
the Senate, the Chief Justice and associate justices of the Supreme
Court, the Judges of the Superior Court, and the judges of the
inferior courts with jurisdiction extending to more than one
municipality; except that upon the abolition of the juvenile and
domestic relations courts or family court and county district courts
as provided by law, the judges of those former courts shall become the
Judges of the Superior Court without nomination by the Governor or
confirmation by the Senate. No nomination to such an office shall be
sent to the Senate for confirmation until after 7 days' public notice
by the Governor. Article VI, Section VI, paragraph 1 amended effective
December 8, 1983.
- The
justices of the Supreme Court and the judges of the Superior Court
shall each prior to his appointment have been admitted to the practice
of law in this State for at least 10 years. Article VI, Section VI,
paragraph 2 amended effective December 7, 1978.
- The
Justices of the Supreme Court and the Judges of the Superior Court
shall hold their offices for initial terms of 7 years and upon
reappointment shall hold their offices during good behavior; provided
however, that, upon the abolition of the juvenile and domestic
relations courts or family court and county district courts as
provided by law, the judges in office in those former courts who have
acquired tenure and the Judges of the Superior Court who have acquired
tenure as a judge in those former courts prior to appointment to the
Superior Court, shall have tenure as Judges of the Superior Court.
Judges of the juvenile and domestic relations courts or family court
and county district courts who have not acquired tenure as a judge of
those former courts shall hold their offices for the period of their
respective terms which remain unexpired and shall acquire tenure upon
reappointment to the Superior Court. Such justices and judges shall be
retired upon attaining the age of 70 years. Provisions for the
pensioning of the Justices of the Supreme Court and the Judges of the
Superior Court shall be made by law.
Article VI, Section VI, paragraph 3 amended effective December 8,
1983.
- The
Justices of the Supreme Court and the Judges of the Superior Court
shall be subject to impeachment, and any judicial officer impeached
shall not exercise his office until acquitted. The Judges of the
Superior Court shall also be subject to removal from office by the
Supreme Court for such causes and in such manner as shall be provided
by law.
-
Whenever the Supreme Court shall certify to the Governor that it
appears that any Justice of the Supreme Court or Judge of the Superior
Court is so incapacitated as substantially to prevent him from
performing his judicial duties, the Governor shall appoint a
commission of three persons to inquire into the circumstances; and, on
their recommendation, the Governor may retire the justice or judge
from office, on pension as may be provided by law.
Article VI, Section VI, paragraphs 4 and 5 amended effective December
7, 1978.
- The
Justices of the Supreme Court and the Judges of the Superior Court
shall receive for their services such salaries as may be provided by
law, which shall not be diminished during the term of their
appointment. They shall not, while in office, engage in the practice
of law or other gainful pursuit.
- The Justices of the Supreme
Court and the Judges of the Superior Court shall hold no other office
or position, of profit, under this State or the United States. Any
such justice or judge who shall become a candidate for an elective
public office shall thereby forfeit his judicial office.
Article VI, Section VI, paragraph 7 amended effective December 7,
1978.
SECTION VII
- The
Chief Justice of the Supreme Court shall be the administrative head of
all the courts in the State. He shall appoint an Administrative
Director to serve at his pleasure.
- The
Chief Justice of the Supreme Court shall assign Judges of the Superior
Court to the Divisions and Parts of the Superior Court, and may from
time to time transfer Judges from one assignment to another, as need
appears. Assignments to the Appellate Division shall be for terms
fixed by rules of the Supreme Court.
- The Clerk of the Supreme
Court and the Clerk of the Superior Court shall be appointed by the
Supreme Court for such terms and at such compensation as shall be
provided by law.
SECTION VIII
- a. On or before July 1,
1997:
(1) The State shall be required to pay for certain judicial and
probation costs;
(2) All judicial employees and probation employees shall be employees
of the State; and
(3) Any judicial fees and probation fees collected shall be paid to
the State Treasury.
b. As used in this section:
(1) "Judicial facility costs" means any costs borne by the counties
prior to July 1, 1993 with regard to the operation and maintenance of
facilities used by the courts or judicial employees;
(2) "Probation facility costs" means any costs borne by the counties
prior to July 1, 1993 with regard to the operation and maintenance of
facilities used by probation employees;
(3) "Judicial costs" means the costs incurred by the county for
funding the judicial system, including but not limited to the
following costs: salaries, health benefits and pension payments of all
judicial employees, juror fees and library material costs ,except that
judicial costs shall not include costs incurred by employees of the
surrogate's office or judicial facility costs;
(4) "Judicial employees" means any person employed by the county prior
to July 1, 1993 to perform judicial functions, including but not
limited to employees working for the courts, and the law library and
employees of the sheriff's office who act as court aides, except that
employees of the surrogate's office and probation employees shall not
be construed to be judicial employees;
(5) "Judicial fees" means any fees or fines collected by the judiciary
but shall not include sheriff's or surrogate's fees or municipal court
fees or fines;
(6) "Judicial functions" means any duties and responsibilities
performed in providing any services and direct support necessary for
the effective operation of the judicial system;
(7) "Probation costs" means any costs incurred by the county for the
operation of the county probation department, including but not
limited to the costs of salaries, health benefits, and pension
payments of probation employees but shall not include probation
facility costs;
(8) "Probation employees" means any person employed by a county
probation department prior to July 1,1993;
(9) "Probation fees" means any fees or fines collected in connection
with the probation of any persons.
Section VIII added effective December 3, 1992.
ARTICLE VII
PUBLIC OFFICERS AND EMPLOYEES
SECTION I
-
Every State officer, before entering upon the duties of his office,
shall take and subscribe an oath or affirmation to support the
Constitution of this State and of the United States and to perform the
duties of his office faithfully, impartially and justly to the best of
his ability.
-
Appointments and promotions in the civil service of the State, and of
such political subdivisions as may be provided by law, shall be made
according to merit and fitness to be ascertained, as far as
practicable, by examination, which, as far as practicable, shall be
competitive; except that preference in appointments by reason of
active service in any branch of the military or naval forces of the
United States in time of war may be provided by law.
- Any
compensation for services or any fees received by any person by virtue
of an appointive State office or position, in addition to the annual
salary provided for the office or position, shall immediately upon
receipt be paid into the treasury of the State, unless the
compensation or fees shall be allowed or appropriated to him by law.
- Any
person before or after entering upon the duties of any public office,
position or employment in this State may be required to give bond as
may be provided by law.
- The
term of office of all officers elected or appointed pursuant to the
provisions of this Constitution, except as herein otherwise provided,
shall commence on the day of the date of their respective commissions;
but no commission for any office shall bear date prior to the
expiration of the term of the incumbent of said office.
- The State Auditor shall be
appointed by the Senate and General Assembly in joint meeting for a
term of five years and until his successor shall be appointed and
qualified. It shall be his duty to conduct post-audits of all
transactions and accounts kept by or for all departments, offices and
agencies of the State government, to report to the Legislature or to
any committee thereof as shall be required by law, and to perform such
other similar or related duties as shall, from time to time, be
required of him by law.
SECTION II
-
County prosecutors shall be nominated and appointed by the Governor
with the advice and consent of the Senate. Their term of office shall
be five years, and they shall serve until the appointment and
qualification of their respective successors.
- County clerks, surrogates
and sheriffs shall be elected by the people of their respective
counties at general elections. The term of office of county clerks and
surrogates shall be five years, and of sheriffs three years. Whenever
a vacancy shall occur in any such office it shall be filled in the
manner to be provided by law.
SECTION III
- The
Governor and all other State officers, while in office and for two
years thereafter, shall be liable to impeachment for misdemeanor
committed during their respective continuance in office.
- The
General Assembly shall have the sole power of impeachment by vote of a
majority of all the members. All impeachments shall be tried by the
Senate, and members, when sitting for that purpose, shall be on oath
or affirmation "truly and impartially to try and determine the charge
in question according to the evidence". No person shall be convicted
without the concurrence of two-thirds of all the members of the
Senate. When the Governor is tried, the Chief Justice of the Supreme
Court shall preside and the President of the Senate shall not
participate in the trial.
- Judgment in cases of
impeachment shall not extend further than to removal from office, and
to disqualification to hold and enjoy any public office of honor,
profit or trust in this State; but the person convicted shall
nevertheless be liable to indictment, trial and punishment according
to law.
ARTICLE VIII
TAXATION AND FINANCE
SECTION I
- (a)
Property shall be assessed for taxation under general laws and by
uniform rules. All real property assessed and taxed locally or by the
State for allotment and payment to taxing districts shall be assessed
according to the same standard of value, except as otherwise permitted
herein, and such real property shall be taxed at the general tax rate
of the taxing district in which the property is situated, for the use
of such taxing district.
(b) The Legislature shall enact laws to provide that the value of
land, not less than 5 acres in area, which is determined by the
assessing officer of the taxing jurisdiction to be actively devoted to
agricultural or horticultural use and to have been so devoted for at
least the 2 successive years immediately preceding the tax year in
issue, shall, for local tax purposes, on application of the owner, be
that value which such land has for agricultural or horticultural use.
Any such laws shall provide that when land which has been valued in
this manner for local tax purposes is applied to a use other than for
agriculture or horticulture it shall be subject to additional taxes in
an amount equal to the difference, if any, between the taxes paid or
payable on the basis of the valuation and the assessment authorized
hereunder and the taxes that would have been paid or payable had the
land been valued and assessed as otherwise provided in this
Constitution, in the current year and in such of the tax years
immediately preceding, not in excess of 2 such years in which the land
was valued as herein authorized. Such laws shall also provide for the
equalization of assessments of land valued in accordance with the
provisions hereof and for the assessment and collection of any
additional taxes levied thereupon and shall include such other
provisions as shall be necessary to carry out the provisions of this
amendment.
Article VIII, Section I, paragraph 1 amended effective December 5,
1963.
-
Exemption from taxation may be granted only by general laws. Until
otherwise provided by law all exemptions from taxation validly granted
and now in existence shall be continued. Exemptions from taxation may
be altered or repealed, except those exempting real and personal
property used exclusively for religious, educational, charitable or
cemetery purposes, as defined by law, and owned by any corporation or
association organized and conducted exclusively for one or more of
such purposes and not operating for profit.
- Any
citizen and resident of this State now or hereafter honorably
discharged or released under honorable circumstances from active
service, in time of war or other emergency as, from time to time,
defined by the Legislature, in any branch of the Armed Forces of the
United States shall be entitled, annually to a deduction from the
amount of any tax bill for taxes on real and personal property, or
both, including taxes attributable to a residential unit held by a
stockholder in a cooperative or mutual housing corporation, in the sum
of $50 or if the amount of any such tax bill shall be less than $50,
to a cancellation thereof, except that the deduction or cancellation
shall be $100 in tax year 2000, $150 in tax year 2001, $200 in tax
year 2002 and $250 in each tax year thereafter. The deduction or
cancellation shall not be altered or repealed. Any person hereinabove
described who has been or shall be declared by the United States
Veterans Administration, or its successor, to have a service-connected
disability, shall be entitled to such further deduction from taxation
as from time to time may be provided by law. The surviving spouse of
any citizen and resident of this State who has met or shall meet his
or her death on active duty in time of war or of other emergency as so
defined in any such service shall be entitled, during her widowhood or
his widowerhood, as the case may be, and while a resident of this
State, to the deduction or cancellation in this paragraph provided for
honorably discharged veterans and to such further deduction as from
time to time may be provided by law. The surviving spouse of any
citizen and resident of this State who has had or shall hereafter have
active service in time of war or of other emergency as so defined in
any branch of the Armed Forces of the United States and who died or
shall die while on active duty in any branch of the Armed Forces of
the United States, or who has been or may hereafter be honorably
discharged or released under honorable circumstances from active
service in time or war or of other emergency as so defined in any
branch of the Armed Forces of the United States shall be entitled,
during her widowhood or his widowerhood, as the case may be, and while
a resident of this State, to the deduction or cancellation in this
paragraph provided for honorably discharged veterans and to such
further deductions as from time to time may be provided by law.
Article VIII, Section I, paragraph 3 amended effective December 2,
1999.
- The
Legislature may, from time to time, enact laws granting an annual
deduction, from the amount of any tax bill for taxes on the real
property, and from taxes attributable to a residential unit in a
cooperative or mutual housing corporation, of any citizen and resident
of this State of the age of 65 or more years, or any citizen and
resident of this State less than 65 years of age who is permanently
and totally disabled according to the provisions of the Federal Social
Security Act, residing in a dwelling house owned by him which is a
constituent part of such real property, or residing in a dwelling
house owned by him which is assessed as real property but which is
situated on land owned by another or others, or residing as
tenant-shareholder in a cooperative or mutual housing corporation, but
no such deduction shall be in excess of $160.00 with respect to any
year prior to 1981, $200.00 per year in 1981, $225.00 per year in
1982, and $250.00 per year in 1983 and any year thereafter and such
deduction shall be restricted to owners having an income not in excess
of $5,000.00 per year with respect to any year prior to 1981,
$8,000.00 per year in 1981, $9,000.00 per year in 1982, and $10,000.00
per year in 1983 and any year thereafter, exclusive of benefits under
any one of the following:
a. The Federal Social Security Act and all amendments and supplements
thereto;
b. Any other program of the federal government or pursuant to any
other federal law which provides benefits in whole or in part in lieu
of benefits referred to in, or for persons excluded from coverage
under, a. hereof including but not limited to the Federal Railroad
Retirement Act and federal pension, disability and retirement
programs; or
c. Pension, disability or retirement programs of any state or its
political subdivisions, or agencies thereof, for persons not covered
under a. hereof; provided, however, that the total amount of benefits
to be allowed exclusion by any owner under b. or c. hereof shall not
be in excess of the maximum amount of benefits payable to, and
allowable for exclusion by, an owner in similar circumstances under a.
hereof. The surviving spouse of a deceased citizen and resident of the
State who during his or her life received a deduction pursuant to this
paragraph shall be entitled, so long as he or she shall remain
unmarried and a resident of the same dwelling house situated on the
same land with respect to which said deduction was granted, to the
same deduction, upon the same conditions, with respect to the same
real property or with respect to the same dwelling house which is
situated on land owned by another or others, or with respect to the
same cooperative or mutual housing corporation, notwithstanding that
said surviving spouse is under the age of 65 and is not permanently
and totally disabled, provided that said surviving spouse is 55 years
of age or older. Any such deduction when so granted by law shall be
granted so that it will not be in addition to any other deduction or
exemption, except a deduction granted under authority of paragraph 3
of this section, to which the said citizen and resident may be
entitled, but said citizen and resident may receive in addition any
homestead rebate or credit provided by law. The State shall annually
reimburse each taxing district in an amount equal to one-half of the
tax loss to the district resulting from the allowance of tax
deductions pursuant to this paragraph.
Article VIII, Section I, paragraph 4 amended effective December 8,
1988.
- The
Legislature may adopt a homestead statute which entitles homeowners,
residential tenants and net lease residential tenants to a rebate or a
credit of a sum of money related to property taxes paid by or
allocable to them at such rates and subject to such limits as may be
provided by law. Such rebates or credits may include a differential
rebate or credit to citizens and residents who are of the age of 65 or
more years, or less than 65 years of age who are permanently and
totally disabled according to the provisions of the Federal Social
Security Act, or are 55 years of age or more and the surviving spouse
of a deceased citizen or resident of this State who during his
lifetime received, or who, upon the adoption of this amendment and the
enactment of implementing legislation, would have been entitled to
receive a rebate or credit related to property taxes.
Article VIII, Section I, paragraph 5 amended effective December 2,
1976.
- The
Legislature may enact general laws under which municipalitie
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