New Jersey Legislature

The New Jersey Legislature is the legislative branch of the

New Jersey Legislature
government of the U.S. state of New Jersey. In its current form,
as defined by the New Jersey Constitution of 1947, the
Legislature consists of two houses: the General Assembly and
the Senate. The Legislature meets in the New Jersey State
House, in the state capital of Trenton.

History

Colonial period Type

The New Jersey Legislature was established in 1702 upon the Type Bicameral
surrender by the Proprietors of East Jersey and those of West Houses Senate
Jersey of the right of government to Queen Anne. Anne's General Assembly
government united the two colonies as the Province of New
Leadership
Jersey, a royal colony, establishing a new system of
government. President of Nicholas Scutari (D)
the Senate since January 11,
The instructions from Queen Anne to Viscount Cornbury, the 2022
first royal governor of New Jersey, outlined a fusion of powers
Speaker of the Craig Coughlin (D)
system, which allowed for an overlap of executive, legislative General since January 9,
and judicial authority. It provided for a bicameral legislature Assembly 2018
consisting of an appointed Council and an elected General
Assembly. Structure
Seats 120
The Provincial Council consisted of twelve members,
appointed by and serving at the pleasure of the British crown.
With the exception of resignations and those being removed for
cause, councilors often served for life. The former provinces of
East and West Jersey were reorganized as the Eastern Division
and the Western Division, respectively, of the Province of New
Jersey. Councilors were apportioned that six would come from
each of the two divisions.[1] In practice, however, this was not
Senate political   Democratic (24)
always followed. groups
  Republican (16)
The Assembly initially consisted of 24 members with two each
elected in the Cities of Burlington and Perth Amboy, and ten at-
large from each of the two divisions. As this system proved
unwieldy for holding elections, in 1709 the Assembly was
reapportioned; Burlington and Perth Amboy would retain their
two seats each; the Town of Salem had two, and two for each
of the nine counties. The number of members remained at 24,
with a total of twelve from each division. In his instructions to
Governor William Burnet, King George I recommended the
reapportionment of Salem's seats to the recently formed General   Democratic (46)
Hunterdon County; this was passed into law on February 10, Assembly
  Republican (34)
1727/28.[2] Membership continued at 24 until 1768, when it political groups
was expanded to 30 by the addition of two representatives each Elections
from Morris, Cumberland and Sussex Counties.[3] This Senate last November 2, 2021
apportionment remained until superseded by the Constitution of election
1776.
General November 2, 2021
The Governor had the authority to summon the Legislature, and Assembly last
election
dissolve the Assembly and call new elections.
Senate next November 7, 2023
On December 6, 1775, Governor William Franklin prorogued election
the New Jersey Legislature until January 3, 1776, but it never General November 7, 2023
met again.[4] On May 30, 1776, Franklin attempted to convene Assembly next
the legislature, but was met instead with an order by the New election
Jersey Provincial Congress for his arrest.[5] On July 2, 1776, Meeting place
the Provincial Congress approved a new constitution which
ordered new elections; on August 13 an entirely new legislature
was elected.

Provincial Congress and the Constitution of

1776

In 1775, representatives from New Jersey's 13 counties

established a Provincial Congress to supersede the Royal New Jersey State House, Trenton, New
Governor. In June 1776, this congress had authorized the Jersey
preparation of a constitution, which was written within five Website
days, adopted by the Provincial Congress, and accepted by the
www.njleg.state.nj.us (http://www.njleg.
Continental Congress. The Constitution of 1776 provided for a
state.nj.us)
bicameral legislature consisting of a General Assembly with
three members from each county and a legislative council with
one member from each county. All state officials, including the governor, were to be appointed by the
Legislature under this constitution. The Vice-President of Council would succeed the governor (who was
the President of the Council) if a vacancy occurred in that office.

Accordingly, the first session of the legislature convened on August 27, 1776. Legislative politics was
defined in the following years by an intense rivalry between the Federalists, and later the Whigs (which
dominated South Jersey and Essex, Hudson, and Middlesex Counties), and the Democratic Party (which
was prominent in the northwest, the Shore region, and Bergen County).[6][7]

The Constitution of 1844

The New Jersey Constitution of 1844 provided for a direct popular election of the governor, and gave him
the power to veto bills passed by the legislature. The General Assembly was expanded to 60 members,
elected annually, and apportioned to the counties based on population. The Legislative Council was
renamed the Senate, and was to be composed of one member from each of the state's 19 counties, serving a
three-year term.
During the Civil War, party allegiance became entrenched. Democrats usually won both houses until the
Republicans gained control in 1893. A court ruling obtained by the Republicans provided that members of
the General Assembly were to be elected from the counties at large, rather than from election districts of
unequal population.

Regardless of any changes, the legislature met infrequently, had high turnover among its members, and was
far from being the most influential or powerful organ of state government.[7]

The Constitution of 1947 and modern developments

New Jersey adopted its current constitution in 1947. Under this constitution, the governor was given
additional veto powers and the ability to serve two terms. Hundreds of independent agencies were
consolidated into 20 principal executive departments under the control of the governor. Senators' terms were
extended to four years; assemblymen's terms to two years.

In 1966, the Senate was expanded from 21 to 40 members and the General Assembly from 60 to 80.
Following a United States Supreme Court decision in 1964 and a New Jersey Supreme Court decision in
1972, the state's legislative districts were reapportioned into the current arrangement. Two more modern
developments have also helped shape the Legislature: the increase in the importance of legislative
committees and the development of longer tenures for the legislative leadership.[7]

New Jersey Legislative Youth Council

In 2022, the legislature passed the New Jersey Legislative Youth Council Act, which established the New
Jersey Youth Council, a youth advisory body to the New Jersey Legislature made up of 40 public members
aged 15 to 23, each from one of the state's legislative districts.[8] The council is set to meet for the first time
in 2023 and submit an annual report to the legislature regarding its findings.

Organization

Powers

The Legislature has the power to enact laws by a majority vote of both houses, subject to the Governor of
New Jersey's ability to veto a bill. A veto may be overridden by the Legislature if there is a two-thirds
majority in favor of overriding in each House.

By a three-fifths vote of each house, the Legislature may propose an amendment to the State Constitution.
Alternatively, it may propose an amendment by a majority vote two consecutive years. In either case, the
amendment is placed on the ballot and must be approved in a referendum to become valid as a part of the
constitution.

The Legislature is also empowered to ratify amendments to the U.S. Constitution, appoint the State Auditor,
judge the elections and qualifications of its members, and institute and conduct impeachment proceedings
against State officials. The Senate has the sole authority to confirm or reject gubernatorial nominees for
judicial and some executive positions.[9]

Houses, members, and qualifications

The current organization of the Legislature is outlined by
Article IV ("Legislative") of the New Jersey State Constitution
of 1947. The Legislature is composed of an 80-member
General Assembly and a 40-member Senate. To become a
member of the Assembly, an individual must be at least 21
years old, must have resided in their district for one year and
the state for two years, and must live in the represented district.
To become a Senator, an individual must be 30 years old, must
have lived in their district for two years and the state for four
years, and again must live in the represented district.[10]

Elections and terms

Unlike elections for most other state legislatures and for the
United States Congress, New Jersey legislative elections are
held in November of every odd-numbered year. Assemblymen
serve two-year terms, while Senators serve four-year terms,
except in the first term of a new decade, which only lasts two
years. This "2-4-4" cycle was put into place so Senate
elections can reflect changes made to district boundaries
following the decennial United States Census. If this cycle
were not in place, then the boundaries could at times be up to
four years out of date before being used for Senate elections.
Under the current system, the boundaries are only ever two
years out of date. New Jersey Legislative Districts as of the
2011 redistricting.
The New Jersey Constitution provides that each Legislature is
constituted for a term of two years, split into two annual
sessions. Because the Constitution also specifies that all business from the first year may be continued into
the second year, the distinction between the two annual sessions is more ceremonial than actual. The two-
year legislative term begins at noon on the second Tuesday in January of each even-numbered year. For
example, the two-year term of the 215th Legislative session began on noon on Tuesday, January 10, 2012.
At the end of the second year, all unfinished business expires.[11]

Service in the Legislature is considered part-time, and most legislators have other employment.[9] In New
Jersey, legislators previously could also concurrently hold another elected office at the county or municipal
level. The practice, which is frequently referred to as "double dipping", was banned by the Legislature in
2008, although the 19 legislators holding multiple offices as of February 1, 2008 were grandfathered into
the system.[12] As of January 2013, only 4 legislators remained grandfathered into the system.

Leadership

The General Assembly is headed by a Speaker, while the Senate is headed by a President. Each house also
has a Majority Leader, a Minority Leader, assistant Leaders, and whips.

Legislative districts

The members of the New Jersey Legislature are chosen from 40 electoral districts. Each district elects one
Senator and two Assemblymen. New Jersey is one of only seven U.S. states (with Arizona, Idaho,
Maryland, North Dakota, South Dakota, and Washington) in which districts for the upper and lower house
of the legislature are coterminous. Districts are redefined decennially by the New Jersey Apportionment
Commission following each U.S. Census, as provided by Article IV, Section III of the State Constitution.

Current legislature
The sitting Legislature is the 220th Legislature of the State of New Jersey.

Senate

The New Jersey Senate was established as the upper house of the New Jersey Legislature by the
Constitution of 1844, replacing the Legislative Council. There are 40 legislative districts, representing
districts with average populations of 232,225 (2020 figure). Each district has one senator and two members
of the New Jersey General Assembly, the lower house of the legislature. Prior to the election in which they
are chosen, senators must be a minimum of 30 years old and a resident of the state for four years to be
eligible to serve in office.[13]

From 1844 until 1965 (when the Reynolds v. Sims US Supreme Court decision mandated all state legislators
be elected from districts of roughly equal population), each county was an electoral district electing one
senator. Under the 1844 Constitution the term of office was three years, which was changed to four years
with the 1947 Constitution. Since 1968 the Senate has consisted of 40 senators, who are elected in a "2-4-
4" cycle. Senators serve a two-year term at the beginning of each decade, with the rest of the decade
divided into two four-year terms. The "2-4-4" cycle was put into place so that Senate elections can reflect
the changes made to the district boundaries on the basis of the decennial United States Census.[13] If the
cycle were not put into place, then the boundaries would sometimes be four years out of date before being
used for Senate elections. Rather, with the varied term, the boundaries are only two years out of date. Thus
elections for Senate seats take place in years ending with a "1", "3", or "7" (i.e. next elections in 2023,
2027, and 2031).

Interim appointments are made to fill vacant legislative seats by the county committee or committees of the
party of the vacating person (since a constitutional amendment passed on November 8, 1988). The office is
on the ballot for the next general election, even if the other Senate seats are not up for election in that year
(such as in years ending with a "5" or "9", such as 2009 or 2015). The sole exception to this is if the
vacancy occurred within 51 days of the election, in which case the appointment stands until the following
general election.[14]

General Assembly

Since the election of 1967 (1968 Session), the Assembly has consisted of 80 members. Two members are
elected from each of New Jersey's 40 legislative districts for a term of two years, each representing districts
with average populations of 232,225 (2020 figures), with deviation in each district not exceeding 3.21%
above and below that average.[15] To be eligible to run, a potential candidate must be at least 21 years of
age, and must have lived in their district for at least one year prior to the election, and have lived in the state
of New Jersey for two years. They also must be residents of their districts. Membership in the Assembly is
considered a part-time job, and many members have employment in addition to their legislative work.
Assembly members serve two-year terms, elected every odd-numbered year in November. Four current
members of the Assembly hold other elective office, as they are grandfathered in under a New Jersey law
that banned multiple office holding in 2007.
The Assembly is led by the Speaker of the Assembly, who is elected by the membership of the chamber.
After the Lieutenant Governor of New Jersey and the President of the New Jersey Senate, the Speaker of
the Assembly is third in the line of succession to replace the Governor of New Jersey in the event that the
governor is unable to execute the duties of that office. The Speaker decides the schedule for the Assembly,
which bills will be considered, appoints committee chairmen, and generally runs the Assembly's agenda.
The current Speaker is Craig Coughlin (D-Woodbridge).

See also
List of New Jersey state legislatures

References
1. "The Grants, Concessions and Original Constitutions of the Province of New Jersey", Aaron
Leaming and Jacob Spicer; W. Bradford, Philadelphia, Pennsylvania, 1758. p. 621
2. Laws of the Royal Colony of New Jersey 1703 - 1745, Archives of the State of New Jersey,
Third Series, Vol. II; New Jersey state Library, Archives and History Bureau, Trenton, New
Jersey, 1977. p. 387
3. Laws of the Royal Colony of New Jersey 1760 - 1769, Archives of the State of New Jersey,
Third Series, Vol. IV; New Jersey state Library, Archives and History Bureau, Trenton, New
Jersey, 1982. p. 478
4. Journal of the Governor and Council Vol. VI (1769-1775), Archives of the State of New
Jersey, First Series, Vol. XVIII; The John L. Murphy Publishing Co., Printers, Trenton, New
Jersey, 1893. p. 566
5. "The Governors of New Jersey 1664-1974: Biographical Essays", New Jersey Historical
Commission, Trenton, New Jersey, 1982. p. 75
6. "The New Jersey Constitution of 1776" (http://www.state.nj.us/njfacts/njdoc10.htm).
Retrieved December 17, 2006.
7. "New Jersey Legislature, Historical Information" (https://web.archive.org/web/200906280455
12/http://www.njleg.state.nj.us/legislativepub/history.asp). Archived from the original (http://w
ww.njleg.state.nj.us/legislativepub/history.asp) on June 28, 2009. Retrieved August 12, 2009.
8. New Jersey Legislature (January 18, 2022). "P.L.2021, c.398: New Jersey Legislative Youth
Council Act" (https://pub.njleg.state.nj.us/Bills/2020/PL21/398_.PDF) (PDF). Retrieved
January 9, 2023.
9. " "New Jersey Legislature – Our Legislature" " (https://web.archive.org/web/2011103107475
2/http://www.njleg.state.nj.us/legislativepub/our.asp). Archived from the original (http://www.nj
leg.state.nj.us/legislativepub/our.asp) on October 31, 2011. Retrieved August 13, 2009.
10. "New Jersey Constitution 1947" (https://web.archive.org/web/20090630013226/http://www.nj
leg.state.nj.us/lawsconstitution/constitution.asp). Archived from the original (http://www.njleg.
state.nj.us/lawsconstitution/constitution.asp) on June 30, 2009. Retrieved August 12, 2009.
11. "New Jersey Constitution 1947" (https://web.archive.org/web/20090630013226/http://www.nj
leg.state.nj.us/lawsconstitution/constitution.asp). Archived from the original (http://www.njleg.
state.nj.us/lawsconstitution/constitution.asp) on June 30, 2009. Retrieved August 12, 2009.
12. "Double-dipping continues, increases after ban" (https://web.archive.org/web/200803252358
09/http://www.nj.com/southjersey/index.ssf/2008/03/doubledipping_continues_increa.html),
South Jersey News Online, March 24, 2008. Accessed June 22, 2008. Archived 25 March
2008. "Since Gov. Jon S. Corzine signed a ban on dual-office holding in September, the
number of lawmakers who hold more than one office has actually increased -- from 17 to 19 -
- according to a report by The Star-Ledger of Newark. That's because a grandfather clause
allows any lawmaker holding two offices as of Feb. 1 to keep both."
13. Our Legislature (http://www.njleg.state.nj.us/legislativepub/our.asp) Archived (https://web.arc
hive.org/web/20111031074752/http://www.njleg.state.nj.us/legislativepub/our.asp) October
31, 2011, at the Wayback Machine, New Jersey Legislature. Accessed January 10, 2018.
"Legislative elections are held in November of each odd-numbered year. Members of the
Assembly serve two-year terms. Senators serve four-year terms, except for the first term of a
new decade, which is only two years. This '2-4-4' cycle allows for elections from new districts
as soon as possible after each reapportionment."
14. New Jersey Constitution (http://www.njleg.state.nj.us/lawsconstitution/constitution.asp)
Archived (https://web.archive.org/web/20090630013226/http://www.njleg.state.nj.us/lawscon
stitution/constitution.asp) June 30, 2009, at the Wayback Machine, New Jersey Legislature.
Accessed January 10, 2018. "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."
15. Statistical Data Tables (http://www.apportionmentcommission.org/documents/ValidationData/
ValidationData_LegislativeDistricts.xls), New Jersey Apportionment Commission. Accessed
August 25, 2021.

External links
New Jersey Legislature (http://www.njleg.state.nj.us) Archived (https://web.archive.org/web/2
0180308204959/http://www.njleg.state.nj.us/) March 8, 2018, at the Wayback Machine
New Jersey Senate Republicans (http://www.senatenj.com)
New Jersey Senate Democrats (http://www.njsendems.com)
New Jersey Assembly Republicans (http://www.njassemblyrepublicans.com)
New Jersey Assembly Democrats (http://www.assemblydems.com)

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