19:44A-5. "Election Law Enforcement Commission" established; membership details; allocation to Department of Law and Public Safety; independence.
481 words·~2 min read·
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5. a. There is hereby created a commission consisting of four members which shall be designated as the New Jersey Election Law Enforcement Commission. The members shall be appointed by the Governor by and with the advice and consent of the Senate for a term of three years, beginning on July 1 and ending June 30, except as hereinafter provided. The Governor shall designate one of the commission members to serve as chairman of the commission. No more than two members shall belong to the same political party, and no person holding a public office or an office in any political party shall be eligible for appointment to the commission.
Each member shall serve until his successor has been appointed and qualified. In case of a vacancy, however, the successor shall be appointed in like manner for the unexpired term only. The members shall receive a salary of $30,000 annually. For the purpose of complying with the provisions of Article V, Section IV, paragraph 1 of the New Jersey Constitution, the Election Law Enforcement Commission is hereby allocated within the Department of Law and Public Safety; but, notwithstanding said allocation, the commission shall be independent of any supervision or control by the department or by any board or officer thereof, it being the intention of this act that the assignment, direction, discipline and supervision of all the employees of the commission shall be so far as possible, and except as otherwise provided in this act, fully determined by the commission or by such officers and employees thereof to whom the commission may delegate the powers of such assignment, direction, discipline and supervision.
b. Notwithstanding any provision of subsection a. of this section, or any other law, rule, or regulation to the contrary, within 90 days following the enactment date of this act, P.L.2023, c.30 (C.19:44A-20.10a et al.), the Governor shall directly appoint four members to the commission, not more than two of whom shall be of the same political party, and the terms of office of the members of the commission currently serving shall expire upon the Governor's appointment of the new members.
No person holding a public office or an office in any political party shall be eligible for appointment to the commission. Of the four new members directly appointed by the Governor pursuant to this subsection, two members who shall not be of the same political party shall be appointed for a term of three years, and two members who shall not be of the same political party shall be appointed for a term of two years. Upon the expiration of the initial term of each member appointed pursuant to this subsection, members of the commission shall be appointed pursuant to subsection a. of this section.
L.1973, c. 83, s. 5, eff. April 24, 1973. Amended by L.1983, c. 579, s. 9, eff. Jan. 17, 1984; 2023, c.30, s.36.