Concerning noncitizens voting in local elections and conduct in office by local government officers.

A4037

ASSEMBLY, No. 4037

STATE OF NEW JERSEY

222nd LEGISLATURE

�

INTRODUCED FEBRUARY 12, 2026

Sponsored by:

Assemblyman� ALEX SAUICKIE

District 12 (Burlington, Middlesex, Monmouth and Ocean)

Co-Sponsored by:

Assemblywoman Fantasia

SYNOPSIS

���� Concerning noncitizens voting in local elections and
conduct in office by local government officers.

CURRENT VERSION OF TEXT

���� As introduced.

��

An Act
concerning noncitizens voting in local elections and
conduct in office by local government officers, amending P.L.1991, c.29, and
supplementing Title 40A of the New Jersey Statutes.

����
Be It
Enacted
by the Senate and General Assembly of
the State of New Jersey:

���� 1.� (New section)� a.� The
Legislature finds and declares that pursuant to Article II, Section I,
paragraph 3 of the Constitution of the State of New Jersey and Title 19 of the
New Jersey Statutes, a local unit of government lacks authority to adopt an
ordinance, resolution, or rule or regulation, or take any other action that
would authorize or permit individuals who are not citizens of the United States
to vote in local elections.� Any ordinance, resolution, rule or regulation of,
or other action taken on behalf of, a local unit which authorizes or permits
individuals who are not citizens of the United States to vote in elections of
the local unit shall be against public policy and be null and void.�

���� b.� Any vote or act by an
elected local government officer, after the effective date P.L.��� , c.���
(������� ) (pending before the Legislature as this bill), to approve an
ordinance or resolution that authorizes or permits individuals who are not
citizens of the United States to vote in elections of the local unit
constitutes a violation of the elected local government officer�s oath of
office to faithfully, impartially and justly perform all the duties of office,
as required pursuant to R.S.41:1-3.

���� 2.� Section 5 of P.L.1991,
c.29 (C.40A:9-22.5) is amended to read as follows:

���� 5.��� Local government
officers or employees under the jurisdiction of the Local Finance Board shall
comply with the following provisions:�

���� a.� No local government
officer or employee or member of his immediate family shall have an interest in
a business organization or engage in any business, transaction, or professional
activity, which is in substantial conflict with the proper discharge of his
duties in the public interest;�

���� b.� No independent local
authority shall, for a period of one year next subsequent to the termination of
office of a member of that authority:�

���� (1)� award any contract which
is not publicly bid to a former member of that authority;�

���� (2)� allow a former member of
that authority to represent, appear for or negotiate on behalf of any other
party before that authority; or�

���� (3)� employ for compensation,
except pursuant to open competitive examination in accordance with Title 11A of
the New Jersey Statutes and the rules and regulations promulgated pursuant
thereto, any former member of that authority.�

���� The restrictions contained in
this subsection shall also apply to any business organization in which the
former authority member holds an interest.

���� c.� No local government
officer or employee shall use or attempt to use his official position to secure
unwarranted privileges or advantages for himself or others;�

���� d.� No local government
officer or employee shall act in his official capacity in any matter where he,
a member of his immediate family, or a business organization in which he has an
interest, has a direct or indirect financial or personal involvement that might
reasonably be expected to impair his objectivity or independence of judgment;�

���� e.� No local government
officer or employee shall undertake any employment or service, whether
compensated or not, which might reasonably be expected to prejudice his
independence of judgment in the exercise of his official duties;�

���� f.� No local government
officer or employee, member of his immediate family, or business organization
in which he has an interest, shall solicit or accept any gift, favor, loan,
political contribution, service, promise of future employment, or other thing
of value based upon an understanding that the gift, favor, loan, contribution,
service, promise, or other thing of value was given or offered for the purpose
of influencing him, directly or indirectly, in the discharge of his official
duties.� This provision shall not apply to the solicitation or acceptance of
contributions to the campaign of an announced candidate for elective public
office, if the local government officer has no knowledge or reason to believe
that the campaign contribution, if accepted, was given with the intent to
influence the local government officer in the discharge of his official
duties;�

���� g.� No local government
officer or employee shall use, or allow to be used, his public office or
employment, or any information, not generally available to the members of the
public, which he receives or acquires in the course of and by reason of his office
or employment, for the purpose of securing financial gain for himself, any
member of his immediate family, or any business organization with which he is
associated;�

���� h.� No local government
officer or employee or business organization in which he has an interest shall
represent any person or party other than the local government in connection
with any cause, proceeding, application or other matter pending before any agency
in the local government in which he serves.� This provision shall not be deemed
to prohibit one local government employee from representing another local
government employee where the local government agency is the employer and the
representation is within the context of official labor union or similar
representational responsibilities;�

���� i.� No local government
officer shall be deemed in conflict with these provisions if, by reason of his
participation in the enactment of any ordinance, resolution or other matter
required to be voted upon or which is subject to executive approval or veto, no
material or monetary gain accrues to him as a member of any business,
profession, occupation or group, to any greater extent than any gain could
reasonably be expected to accrue to any other member of such business,
profession, occupation or group;�

���� j.� No elected local
government officer shall be prohibited from making an inquiry for information
on behalf of a constituent, if no fee, reward or other thing of value is
promised to, given to or accepted by the officer or a member of his immediate
family, whether directly or indirectly, in return therefor
[
; and
]

;

���� k.� Nothing shall prohibit any
local government officer or employee, or members of his immediate family, from
representing himself, or themselves, in negotiations or proceedings concerning
his, or their, own interests
; and

����
l.� No elected local government
officer shall engage in any action that violates the provisions of the elected local
government officer�s oath of office, as required pursuant to R.S.41:1-3,
including with respect to support of the Constitution of the United States and
the Constitution of the State of New Jersey
.

(cf: P.L.1991, c.29, s.5)

���� 3.��� This act shall take
effect immediately.�

STATEMENT

���� This bill concerns conduct by
local government officers while in office by declaring the actions of any local
unit to authorize or permit individuals who are not citizens of the United
States to vote in elections of the local unit to be against public policy and declare
any such policies null and void. �The bill maintains that, pursuant to Article
II, Section I, paragraph 3 of the New Jersey Constitution and Title 19 of the
New Jersey Statutes, only individuals who are citizens of the United States are
eligible to vote in elections held in the State, and specifically prohibits
elected local government officers from voting or acting to approve any
ordinance or resolution which would allow individuals who are not citizens of
the United States to vote in elections of the local unit.� At least 14
municipalities in various states allow noncitizens to participate in certain
elections.� The bill also amends the �Local Government Ethics Law� to include
violations of an elected local government

officer�s oath of office by a local
government officer as a violation under the �Local Government Ethics Law,� and
subject to potential fine.