Government and politics




Executive

The position of Governor of New Jersey has been considered one of the most powerful in the nation. Until 2010, the governor was the only statewide elected executive official in the state and appointed numerous government officials. Formerly, an acting governor was even more powerful as he simultaneously served as president of the New Jersey State Senate, thus directing half of the legislative and all of the executive process. In 2002 and 2007, president of the state senate Richard Codey held the position of acting governor for a short time, and from 2004 to 2006 Codey became a long-term acting governor due to Jim McGreevey's resignation. A 2005 amendment to the state Constitution prevents the Senate President from becoming acting governor in the event of a permanent gubernatorial vacancy without giving up her or his seat in the state Senate. Phil Murphy (D) is the governor. The governor's mansion is Drumthwacket, located in Princeton.

Before 2010, New Jersey was one of the few states without a lieutenant governor. Republican Kim Guadagno was elected the first lieutenant governor of New Jersey and took office on January 19, 2010. She was elected on the Republican ticket with Governor-Elect Chris Christie in the November 2009 NJ gubernatorial election. The position was created as the result of a Constitutional amendment to the New Jersey State Constitution passed by the voters on November 8, 2005, and effective as of January 17, 2006.

Legislative

The current version of the New Jersey State Constitution was adopted in 1947. It provides for a bicameral New Jersey Legislature, consisting of an upper house Senate of 40 members and a lower house General Assembly of 80 members. Each of the 40 legislative districts elects one state senator and two Assembly members. Assembly members are elected for a two-year term in all odd-numbered years; state senators are elected in the years ending in 1, 3, and 7 and thus serve either four- or two-year terms.

New Jersey is one of only five states that elects its state officials in odd-numbered years. (The others are Kentucky, Louisiana, Mississippi, and Virginia.) New Jersey holds elections for these offices every four years, in the year following each federal Presidential election year. Thus, the last year when New Jersey elected a governor was 2017; the next gubernatorial election will occur in 2021.

Judicial

The New Jersey Supreme Court consists of a chief justice and six associate justices. All are appointed by the governor with the advice and consent of a majority of the membership of the state senate. Justices serve an initial seven-year term, after which they can be reappointed to serve until age 70.

Most of the day-to-day work in the New Jersey courts is carried out in the Municipal Court, where simple traffic tickets, minor criminal offenses, and small civil matters are heard.

More serious criminal and civil cases are handled by the Superior Court for each county. All Superior Court judges are appointed by the governor with the advice and consent of a majority of the membership of the state senate. Each judge serves an initial seven-year term, after which he or she can be reappointed to serve until age 70. New Jersey's judiciary is unusual in that it still has separate courts of law and equity, like its neighbor Delaware but unlike most other U.S. states. The New Jersey Superior Court is divided into Law and Chancery Divisions at the trial level; the Law Division hears both criminal cases and civil lawsuits where the plaintiff's primary remedy is damages, while the Chancery Division hears family cases, civil suits where the plaintiff's primary remedy is equitable relief, and probate trials.

The Superior Court also has an Appellate Division, which functions as the state's intermediate appellate court. Superior Court judges are assigned to the Appellate Division by the Chief Justice.

There is also a Tax Court, which is a court of limited jurisdiction. Tax Court judges hear appeals of tax decisions made by County Boards of Taxation. They also hear appeals on decisions made by the director of the Division of Taxation on such matters as state income, sales and business taxes, and homestead rebates. Appeals from Tax Court decisions are heard in the Appellate Division of Superior Court. Tax Court judges are appointed by the governor for initial terms of seven years, and upon reappointment are granted tenure until they reach the mandatory retirement age of 70. There are 12 Tax Court judgeships.

Counties

New Jersey is divided into 21 counties; 13 date from the colonial era. New Jersey was completely divided into counties by 1692; the present counties were created by dividing the existing ones; most recently Union County in 1857. New Jersey is the only state in the nation where elected county officials are called "Freeholders", governing each county as part of its own Board of Chosen Freeholders. The number of freeholders in each county is determined by referendum, and must consist of three, five, seven or nine members.

Depending on the county, the executive and legislative functions may be performed by the Board of Chosen Freeholders or split into separate branches of government. In 16 counties, members of the Board of Chosen Freeholders perform both legislative and executive functions on a commission basis, with each freeholder assigned responsibility for a department or group of departments. In the other five counties (Atlantic, Bergen, Essex, Hudson and Mercer), there is a directly elected County Executive who performs the executive functions while the Board of Chosen Freeholders retains a legislative and oversight role. In counties without an Executive, a County Administrator (or County Manager) may be hired to perform day-to-day administration of county functions.

Municipalities

New Jersey currently has 565 municipalities; the number was 566 before Princeton Township and Princeton Borough merged to form the municipality of Princeton on January 1, 2013. Unlike other states, all New Jersey land is part of a municipality. In 2008, Governor Jon Corzine proposed cutting state aid to all towns under 10,000 people, to encourage mergers to reduce administrative costs. In May 2009, the Local Unit Alignment Reorganization and Consolidation Commission began a study of about 40 small communities in South Jersey to decide which ones might be good candidates for consolidation.

Forms of municipal government

New Jersey municipal government Flag of New Jersey
Traditional types
Borough Township
City Town Village
Modern forms
Walsh Act commission
1923 municipal manager
Faulkner Act forms
Mayor–council Council–manager
Small municipality
Mayor–council–administrator
Nonstandard forms
Special charter
Changing form of municipal government
Charter Study Commission

Starting in the 20th century, largely driven by reform-minded goals, a series of six modern forms of government was implemented. This began with the Walsh Act, enacted in 1911 by the New Jersey Legislature, which provided for a three- or five-member commission elected on a non-partisan basis. This was followed by the 1923 Municipal Manager Law, which offered a non-partisan council, provided for a weak mayor elected by and from the members of the council, and introduced a Council-manager government structure with an appointed manager responsible for day-to-day administration of municipal affairs.

The Faulkner Act, originally enacted in 1950 and substantially amended in 1981, offers four basic plans: Mayor-Council, Council-Manager, Small Municipality, and Mayor-Council-Administrator. The act provides many choices for communities with a preference for a strong executive and professional management of municipal affairs and offers great flexibility in allowing municipalities to select the characteristics of its government: the number of seats on the council; seats selected at-large, by wards, or through a combination of both; staggered or concurrent terms of office; and a mayor chosen by the council or elected directly by voters. Most large municipalities and a majority of New Jersey's residents are governed by municipalities with Faulkner Act charters. Municipalities can also formulate their own unique form of government and operate under a Special Charter with the approval of the New Jersey Legislature.citation needed

While municipalities retain their names derived from types of government, they may have changed to one of the modern forms of government, or further in the past to one of the other traditional forms, leading to municipalities with formal names quite baffling to the general public. For example, though there are four municipalities that are officially of the village type, Loch Arbour is the only one remaining with the village form of government. The other three villages—Ridgefield Park (now with a Walsh Act form), Ridgewood (now with a Faulkner Act Council-Manager charter) and South Orange (now operates under a Special Charter)—have all migrated to other non-village forms.citation needed

Politics

Social attitudes and issues

Socially, New Jersey is considered one of the more liberal states in the nation. Polls indicate that 60% of the population are self-described as pro-choice, although a majority are opposed to late trimester and intact dilation and extraction and public funding of abortion. In a 2009 Quinnipiac University Polling Institute poll, a plurality supported same-sex marriage 49% to 43% opposed, On October 18, 2013, the New Jersey Supreme Court rendered a provisional, unanimous (7–0) order authorizing same-sex marriage in the state, pending a legal appeal by Governor Chris Christie, who then withdrew this appeal hours after the inaugural same-sex marriages took place on October 21, 2013.

New Jersey also has some of the most stringent gun control laws in the U.S. These include bans on assault firearms, hollow-nose bullets and slingshots. No gun offense in New Jersey is graded less than a felony. BB guns and black-powder guns are all treated as modern firearms. New Jersey does not recognize out-of-state gun licenses and aggressively enforces its own gun laws.

Elections

In past elections, New Jersey was a Republican bastion, but recently has become a Democratic stronghold. Currently, New Jersey Democrats have majority control of both houses of the New Jersey Legislature (Senate, 26–14, and Assembly, 54–26), a 10–2 split of the state's twelve seats in the U.S. House of Representatives, and both U.S. Senate seats. Although the Democratic Party is very successful statewide, the state has had Republican governors; from 1994 to 2002, Christine Todd Whitman won twice with 47% and 49% of the votes, respectively, and in the 2009 gubernatorial election, Republican Chris Christie defeated incumbent Democrat Jon Corzine with 48% of the vote. In the 2013 gubernatorial election, Christie won reelection with over 60% of the votes. Because each candidate for lieutenant governor runs on the same ticket as the party's candidate for governor, the current governor and lieutenant governor are members of the Democratic Party. The governor's appointments to cabinet and non-cabinet positions may be from either party; for instance, the attorney general is a Democrat.

In federal elections, the state leans heavily towards the Democratic Party. For many years in the past, however, it was a Republican stronghold, having given comfortable margins of victory to the Republican candidate in the close elections of 1948, 1968, and 1976. New Jersey was a crucial swing state in the elections of 1960, 1968, and 1992. The last elected Republican to hold a Senate seat from New Jersey was Clifford P. Case in 1979. Newark Mayor Cory Booker was elected in October 2013 to join Robert Menendez to make New Jersey the first state with concurrent serving black and Latino U.S. senators.

The state's Democratic strongholds include Camden County, Essex County (typically the state's most Democratic county—it includes Newark, the state's largest city), Hudson County (the second-strongest Democratic county, including Jersey City, the state's second-largest city); Mercer County (especially around Trenton and Princeton), Middlesex County, and Union County (including Elizabeth, the state's fourth-largest city).

The suburban northwestern and southeastern counties of the state are reliably Republican: Republicans have support along the coast in Ocean County and in the mountainous northwestern part of the state, especially Morris County, Sussex County, and Warren County. Other suburban counties, especially Bergen County and Burlington County had the majority of votes go to the Democratic Party. In the 2008 election, President Barack Obama won New Jersey with approximately fifty-seven percent of the vote, compared to McCain's forty-one percent. Independent candidate Ralph Nader garnered less than one percent of the vote.

About one-third of the state's counties are considered "swing" counties, but some go more one way than others. For example, Salem County, the same is true with Passaic County, with a highly populated Hispanic Democratic south (including Paterson, the state's third-largest city) and a rural, Republican north; with the "swing" township of Wayne in the middle. Other "swing" counties like Monmouth County, Somerset County, and Cape May County tend to go Republican, as they also have population in conservative areas, although Somerset has recently trended Democratic.

To be eligible to vote in a U.S. election, all New Jerseyans are required to start their residency in the state 30 days prior to an election and register 21 days prior to election day.

Capital punishment

On December 17, 2007, Governor Jon Corzine signed into law a bill that would eliminate the death penalty in New Jersey. New Jersey is the first state to pass such legislation since Iowa and West Virginia eliminated executions in 1965. Corzine also signed a bill that would downgrade the Death Row prisoners' sentences from "Death" to "Life in Prison with No Parole".

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