Assembly Minority Leader will introduce bill to suspend any elected official under indictment

Assembly Minority Leader John DiMaio is proposing a constitutional amendment requiring any elected official under indictment to be suspended from office until they are either acquitted or convicted.

DiMaio is reviving a proposal introduced two decades ago that would declare a temporary vacancy and allow public offices to be filled on an interim basis in the same manner as vacancies are handled.   His plan would apply to every public office, from the school board and fire commissioner to the United States Senate.

For example, the indictment of a state legislator would trigger a special election convention to elect an interim replacement who would serve either until the legal process is complete or until the term is over, whichever comes first.

DiMaio, a co-sponsor of similar legislation as a freshman assemblyman in 2009 – the sponsor was Democrat Reed Gusciora, now the mayor of Trenton – says it is time for the legislature to step up and act.

“Senator Menendez, like other indicted elected officials in the past, has lost the ability to put the people of New Jersey first. His uphill legal battle will require his full attention, and the seriousness of the charges deals a major blow to the public’s trust,” said DiMaio.  “Since he refuses to do the right thing, I feel compelled to have New Jerseyans vote on the best course of action.  I think they will join me in supporting a constitutional amendment to remove Menendez from office until he can be cleared or convicted.”
It’s unlikely that the constitutional amendment would be a back door to removing Menendez from office early since the deadline to put the issue on the ballot in 2023 has passed.  But the legislature could call a special election over the next few months to get voter approval, something DiMaio would support.

“Accusations of bribery, fraud, and extortion would result in at least a suspension without pay in any other profession, but there is no mechanism currently in place to hold elected officials to the same standard, despite the need to protect the integrity of the office or the interests of the people of New Jersey,” DiMaio stated.

Gusciora said he still supports his old bill.

“It was a good idea,” he said.  “Any bill that I introduced was a good bill.”

The current proposal would instantaneously remove an indicted official from office and immediately restore their position if the charges are dropped or if a jury finds them innocent.  If convicted, the seat would be declared vacant, and a new vote would be held to find a replacement.

“Even just the optics of appearing above the law and staying in an elected seat for personal reasons goes against all the principles of public service,” said DiMaio.  “It’s an honor and privilege to serve the people of New Jersey, not an opportunity to pad your legal defense fund.”