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ARTICLE 5, SEC. 1
1. The executive power shall be vested in a Governor.
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2. The Governor shall not be less than thirty years of age, and shall have been for twenty years
at least a citizen of the United States, and a resident of this State seven years next before his
election, unless he shall have been absent during that time on the public business of the United
States or of this State.
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3. No member of Congress or person holding any office or position, of profit, under this State
or the United States shall be Governor. If the Governor or person administering the office of
Governor shall accept any other office or position, of profit, under this State or the United States,
his office of Governor shall thereby be vacated. No Governor shall be elected by the Legislature
to any office during the term for which he shall have been elected Governor.
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4. The Governor shall be elected by the legally qualified voters of this State. The person
receiving the greatest number of votes shall be the Governor; but if two or more shall be equal
and greatest in votes, one of them shall be elected Governor by the vote of a majority of all the
members of both houses in joint meeting at the regular legislative, session next following the
election for Governor by the people. Contested elections for the office of Governor shall be
determined in such manner as may be provided by law.
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5. The term of office of the Governor shall be four years, beginning at noon of the third
Tuesday in January next following his election, and ending at noon of the third Tuesday in
January four years thereafter. No person who has been elected Governor for two successive
terms, including an unexpired term, shall again be eligible for that office until the third Tuesday
in January of the fourth year following the expiration of his second successive term.
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6. In the event of a vacancy in the office of Governor resulting from the death, resignation or
removal of a Governor in office, or the death of a Governor-elect, or from any other cause, the
functions, powers, duties and emoluments of the office shall devolve upon the President of the
Senate, for the time being; and in the event of his death, resignation or removal, then upon the
Speaker of the General Assembly, for the time being; and in the event of his death, resignation or
removal, then upon such officers and in such order of succession as may be provided by law;
until a new Governor shall be elected and qualify.
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7. In the event of the failure of the Governor-elect to qualify, or of the absence from the State
of a Governor in office, or his inability to discharge the duties of his office, or Ms impeachment,
the functions, powers, duties and emoluments to the office shall devolve upon the President of
the Senate, for the time being; and in the event of his death, resignation, removal, absence;
inability or impeachment, then upon the Speaker of the General Assembly, for the time being;
and in the event of his death, resignation, removal, absence, inability or impeachment, then upon
such officers and in such order of succession as may be provided by law; until the Governor-elect
shall qualify, or the Governor in office shall return to the State, or shall no longer be unable to
discharge the duties of the office, or shall be acquitted, as the case may he, or until a new
Governor shall be elected and qualify.
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8. Whenever a Governor-elect shall have failed to qualify within six months after the
beginning of his term of office, or whenever for a period of six months a Governor in office, or
person administering the office, shall have remained continuously absent from the State, or shall
have been continuously unable to discharge the duties of his office by reason of mental or
physical disability, the office shall be deemed vacant. Such vacancy shall be determined by the
Supreme Court upon presentment to it of a concurrent resolution declaring the ground of the
vacancy, adopted by a vote of two-thirds of all the members of each house of the Legislature, and
upon
notice, hearing before the Court and proof of the existence of the vacancy.
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9. In the event of a vacancy in the office of Governor, a Governor shall be elected to fill the
unexpired term at the general election' next succeeding the. vacancy, unless the vacancy shall
occur within sixty days immediately preceding a general election, in which case he shall be
elected at the second succeeding general election; but no election to fill an unexpired term shall
be held in any year in which a Governor is to be elected for a full term. A Governor elected for an
unexpired term shall assume his office immediately upon his election.
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10. The Governor shall receive for his services a salary, which shall be neither increased nor
diminished during the period for which he shall have been elected.
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11. The Governor shall take care that the laws be faithfully executed. To this end he shall have
power, by appropriate action or proceeding in the courts brought in the name of the State, to
enforce compliance with any constitutional or legislative mandate, or to restrain violation of any
constitutional or legislative power or duty, by any officer, department or agency of the State; but
this power shall not be construed to authorize any action or proceeding against the Legislature.
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12. The Governor shall communicate to the Legislature, by message at the opening of each
regular session and at such other times as he may deem necessary, the condition of the State, and
shall in like manner recommend such measures as he may deem desirable. He may convene the
Legislature, or the Senate alone, whenever in his opinion the public interest shall require. He
shall be the Commander-in-Chief of all the military and naval forces of the State. He shall grant
commissions to all officers elected or appointed pursuant to this Constitution. He shall nominate
and appoint, with the advice and consent of the Senate, all officers for whose election or
appointment provision is not otherwise made by this Constitution or by law.
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13. The Governor may fill any vacancy occurring in any office during a recess of the
Legislature, appointment to which may be made by the Governor with the advice and consent of
the Senate, or by the Legislature in joint meeting. An ad interim appointment so made shall
expire at the end of the next regular session of the Senate, unless a successor shall be sooner
appointed and qualify; and after the end of the session no ad interim appointment to the same
office shall be made unless the Governor shall have submitted to the Senate a nomination to the
office during the session and the Senate shall have adjourned without confirming or rejecting it.
No person nominated for any office shall be eligible for an ad interim appointment to such office
if the nomination shall have failed of confirmation by the Senate.
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14. (a) Every bill which shall have passed both houses shall be presented to the Governor. If he
approves he shall sign it, but if not he shall return it, with his objections, to the house in which it
shall have originated, which shall enter the objections at large on its journal and proceed to
reconsider it. If upon reconsideration, on or after the third day following, the return of the bill,
two-thirds of all the members of the house of origin shall agree to pass the bill, it shall be sent,
together with the objections of the Governor, to the other house, by which it shall be
reconsidered and if approved by two-thirds of all the members of that house, it shall become a
law; and in all such cases the votes of each house shall be determined by yeas and nays, and the
names of the persons voting for and against the bill shall be entered on the journal of each house
respectively., If a bill shall not be returned by the Governor within ten days, Sundays excepted,
after it shall have been presented to him, the same shall become a law on the tenth day, unless the
house of origin shall on that day be in adjournment. If on the tenth day the house of origin shall
be in temporary adjournment in the course of a regular or special session, the bill shall become a
law on the day on which the house of origin shall reconvene, unless the Governor shall on -that
day return the bill to that house.
(b) If on the tenth day the Legislature is in adjournment sine die, the bill shall become a law
if the Governor shall sign it within forty-five days, Sundays excepted, after such adjournment. On
the said forty-fifth day the bill shall become a law, notwithstanding the failure of the Governor to
sign it within the period last stated, unless at or before noon of that day he shall return it with his
objections to the house of origin at a special session of the Legislature which shall convene on
that day, without petition or call, for the sole purpose of acting pursuant to this paragraph upon
bills returned by the Governor. At such special session a bill may be reconsidered beginning on
the first day, in the manner provided in this paragraph for the reconsideration of bills, and if
approved upon reconsideration by two-thirds of all the members of each house, it shall become a
law. The Governor, in returning with his objections a bill for reconsideration at any general or
special session of the Legislature, may recommend that an amendment or amendments specified
by him be made in the bill, and in such case the Legislature may amend and re-enact the bill. If a
bill be so amended and re-enacted, it shall be presented again to the Governor, but shall become a
law only if he shall sign it within ten days after presentation; and no bill shall be returned by the
Governor a second time. A special session of the Legislature shall not be convened pursuant to
this paragraph whenever the forty-fifth day, Sundays excepted, after adjournment sine die of a
regular or special session shall fall on or after the last day of the legislative year in which such
adjournment shall have been taken; in which event any bill not signed by the Governor within
such forty-five-day period shall not become a law.
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ArticleV, Section 1, paragraph 14
14.(a) Every bill which shall have passed both houses shall be presented to the Governor. If he
approveshe shall sign it, but if not he shall return it, with his objections, to the house in which it
shallhave originated, which shall enter the objections at large on its journal and proceed to
reconsiderit. If upon reconsideration, on or after the third day following the return of the bill,
two-thirdsof all the members of the house of origin shall agree to pass the bill, it shall be sent,
togetherwith the objections of the Governor, to the other house, by which it shall be
reconsideredand if approved by two-thirds of all the members of that house, it shall become a
law;and in all such cases the votes of each house shall be determined by yeas and nays, and the
namesof the persons voting for and against the bill shall be entered on the journal of each house
respectively.If a bill shall not be returned by the Governor within 10 days, Sundays excepted,
afterit shall have been presented to him, the same shall become a law on the tenth day, unless the
houseof origin shall on that day be in adjournment. If on the tenth day the house of origin shall
bein temporary adjournment in the course of a regular or special session, the bill shall become a
lawon the day on which the house of origin shall reconvene, unless the Governor shall on that
dayreturn the bill to that house.
(b)If on the tenth day the Legislature is in adjournment sine die, the bill shall become a law if
theGovernor shall sign it within 45 days, Sundays excepted, after such adjournment. On the said
forty-fifthday the bill shall become a law, notwithstanding the failure of the Governor to sign it
withinthe period last stated, unless at or before noon he shall return it with his objections to the
houseof origin:
(1)on said forty-fifth day, if the house shall have again convened in regular or special
sessionof the same 2-year Legislature and shall be meeting on said day, or
(2)on the day upon which the house shall reconvene, if it is in temporary adjournment in
thecourse of a regular or special session of the same 2-year Legislature on said forty-fifth day, or
(3)on said forty-fifth day, if the house is an adjournment sine die on said day, at a special
sessionof the Legislature which shall convene on that day, without petition or call, for the sole
purposeof acting pursuant to this paragraph upon bills returned by the Governor. At such special
sessiona bill may be reconsidered on or after the first day following return of the bill, in the
mannerprovided in this paragraph for the reconsideration of bills, and if approved upon
reconsiderationby two-thirds of all the members of each house, it shall become a law. The
Governor,in returning with his objections a bill for reconsideration at any general or special
sessionof the Legislature, may recommend that an amendment or amendments specified by him
bemade in the bill, and in such case the Legislature may amend and re-enact the bill. If a bill be
soamended and re-enacted, it shall be presented again to the Governor, but shall become a law
onlyif he shall sign it within 10 days after presentation; and no bill shall be returned by the
Governora second time. A special session of the Legislature shall not be convened pursuant to
thisparagraph whenever the forty-fifth day, Sundays excepted, after adjournment sine die of a
regularor special session shall fall on or after the last day of the legislative year in which the
secondannual session was held; in which event any bill not signed by the Governor within such
45-dayperiod shall not become a law.
AmendedNov. 5, 1968.
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ArticleV, Section 1, paragraph 14
14.(a) When a bill has finally passed both houses, the house in which final action was taken to
completeits passage shall cause it to be presented to the Governor before the close of the
calendarday next following the date of the session at which such final action was taken.
(b)A passed bill presented to the Governor shall become law:
(1)if the Governor approves and signs it within the period allowed for his
consideration;or,
(2)if the Governor does not return it to the house of origin, with a statement of his
objections,before the expiration of the period allowed for his consideration; or,
(3)if, upon reconsideration of a bill objected to by the Governor, two-thirds of all
the
membersof each house agree to pass the bill.
(c)The period allowed for the Governor's consideration of a passed bill shall be from
the
dateof presentation until noon of the forty-fifth day next following or, if the house of
originbe in temporary adjournment on that day, the first day subsequent upon which the
housereconvenes; except that:
(1)if on the said forty-fifth day the Legislature is in adjournment sine die, any bill
then
pendingthe Governor's approval shall be returned, if he objects to it, at a special session
heldpursuant to subparagraph (d) of this paragraph;
(2)any bill passed between the forty-fifth day and the tenth day preceding the
expirationof the second legislative year shall be returned by the Governor, if he objects to
it,not later than noon of the day next preceding the expiration of the second legislative
year;
(3)any bill passed within 10 days preceding the expiration of the second legislative
yearshall become law only if the Governor signs it prior to such expiration, or the
Governorreturns it to the house of origin, with a statement of his objections, and
two-thirdsof all members of each House agree to pass the bill prior to such expiration.
(d)For the purpose of permitting the return of bills pursuant to this paragraph, a
special
sessionof the Legislature shall convene, without petition or call, for the sole purpose of
actingupon bills returned by the Governor, on the forty-fifth day next following
adjournmentsine die of the regular session; or, if the second legislative year of a 2-year
Legislaturewill expire before said forty-fifth day, then the day next preceding the
expirationof the legislative year.
(e)Upon receiving from the Governor a bill returned by him with his objections, the
housein which it originated shall enter the objections at large in its journal and proceed to
reconsiderit. If, upon reconsideration, on or after the third day following its return, or the
firstday of a special session convened for the sole purpose of acting on such bills,
two-thirdsof all the members of the house of origin agree to pass the bill, it shall be sent,
togetherwith the objections of the Governor, to the other house; and if, upon
reconsideration,it is approved by two-thirds of all the members of the house, it shall
becomea law. In all such cases the votes of each house shall be determined by yeas and
nays,and the names of the persons voting for and against the bill shall be entered on the
journalsof the respective houses.
(f)The Governor, in returning with his objections a bill for reconsideration at any
general
orspecial session of the Legislature, may recommend that an amendment or amendments
specifiedby him be made in the bill, and in such case the Legislature may amend and
re-enactthe bill. If a bill be so amended arid re-enacted, it shall be presented again to the
Governor,but shall become a law only if he shall sign it within 10 days after presentation;
andno bill shall be returned by the Governor a second time.
AmendedNovember 3, 1981.
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ArticleV, Section 1, paragraph 14
14.(a) When a bill has finally passed both houses, the house in which final action was taken
tocomplete its passage shall cause it to be presented to the Governor before the close of the
calendarday next following the date of the session at which such final action was taken.
(b)A passed bill presented to the Governor shall become law:
(1)if the Governor approves and signs it within the period allowed for his
consideration;or,
(2)if the Governor does not return it to the house of origin, with a statement of his
objections,before the expiration of the period allowed for his consideration; or
(3)if, upon reconsideration of a bill objected to by the Governor, two-thirds of all the
membersof each house agree to pass the bill.
(c)The period allowed for the Governor=s consideration of a passed bill shall be from the date of
presentationuntil noon of the forty-fifth day next following or, if the house of origin be in
temporaryadjournment on that day, the first day subsequent upon which the house reconvenes;
exceptthat:
(1)if on the said forty-fifth day the Legislature is in adjournment sine die, any bill then
pendingthe Governor=s approval shall be returned, if he objects to it, at a special session
heldpursuant to subparagraph (d) of this paragraph;
(2)any bill passed between the forty-fifth day and the tenth day preceding the expiration
of
thesecond legislative year shall be returned by the Governor, if he objected to it, not later
thannoon of the day next preceding the expiration of the second legislative year;
(3)any bill passed within 10 days preceding the expiration of the second legislative year
shallbecome law only if the Governor signs it prior to noon of the seventh day following
suchexpiration, or the Governor returns it to the House of origin, with statement of his
objections,and two-thirds of all members of each House agree to pass the bill prior to
suchexpiration.
(d)For the purpose of permitting the return of bills pursuant to this paragraph, a special
sessionof the Legislature shall convene, without petition or call, for the sole purpose of
actingupon bills returned by the Governor, on the forty-fifth day next following
adjournmentsine die of the regular session; or, if the second legislative year of a 2-year
Legislaturewill expire before said forty fifth day, then the day next preceding the
expirationof the legislative year.
(e)Upon receiving from the Governor a bill returned by him with his objections, the
house
inwhich it originated shall enter the objections at large in its journal or minutes and
proceedto reconsider it. If, upon reconsideration, on or after the third day following its
return,or the first day of a special session convened for the sole purpose of acting on such
bills,two-thirds of all the members of the house of origin agree to pass the bill, it shall be
sent,together with the objections of the Governor, to the other house; and lf upon
reconsideration,it is approved by two-thirds of all the members of the house, it shall
becomea law. In all such cases the votes of each house shall be determined by yeas and
nays,and the names of the persons voting for and against the bill shall be entered on the
journalor minutes of each house.
(f)The Governor, in returning with his objections a bill for reconsideration at any
general
orspecial session of the Legislature, may recommend that an amendment or amendments
specifiedby him be made in the bill, and in such case the Legislature may amend and
re-enactthe bill. If a bill be so amended and re-enacted, it shall be presented again to the
Governor,but shall become a law only if he shall sign it within 10 days after presentation,
exceptthat any bill amended and reenacted within 10 days preceding the expiration of the
secondlegislative year shall become law only if the Governor signs it prior to noon of the
seventhday following such expiration. No bill shall be returned by the Governor a
secondtime. No bill need be read three times and no emergency resolution need be
adoptedfor the reenactment of any bill at a special session of the Legislature.
AmendedNovember 8, 1983.
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15. If any bill presented to the Governor shall contain one or more items of appropriation of
money, he may object in whole or in part to any such item or items while approving the other
portions of the bill. In such case he shall append to the bill, at the time of signing it, a statement
of each item or part thereof to which he objects, and each item or part so objected to shall not
take effect. A copy of such statement shall be transmitted by him to the house in which the bill
originated, and each item or part thereof objected to shall be separately reconsidered. If upon
reconsideration, on or after the third day following said transmittal, one or more of such items or
parts thereof be approved by two-thirds of all the members of each house, the same shall become
a part of the law, notwithstanding the objections of the Governor. All the provisions of the
preceding paragraph in relation to bills not approved by the Governor shall apply to cases in
which he shall withhold his approval from any item or items or parts thereof contained in a bill
appropriating money.
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ARTICLE V, SEC. 2
1. The Governor may grant pardons and reprieves in all cases other than impeachment and
treason, and may suspend and remit fines and forfeitures. A commission or other body may be
established by law to aid and advise the Governor in the exercise of executive clemency.
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2. A system for the granting of parole shall be provided by law.
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ARTICLE V, SEC. 3
1. Provision for organizing, inducting, training, arming, disciplining and regulating a militia
shall be made by law, which shall conform to applicable standards establishes for the armed
forces of the United States.
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2. The Governor shall nominate and appoint all general and flag officers of the militia, with the
advice and consent of the Senate. All other commissioned officers of the militia shall be
appointed and commissioned by the Governor according to law.
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ARTICLE V, SEC. 4
1. All executive and administrative offices, departments, and instrumentalities of the State
government, including the offices of Secretary of State and Attorney General, and their
respective functions, powers and duties, shall be allocated by law among and within not more
than twenty
principal departments, in such manner as to group the same according to major purposes so far as
practicable. Temporary commissions for special purposes may, however, be established by law
and such commissions need not be allocated within a principal department.
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2. Each principal department shall be under the supervision of the Governor. The head of each
principal department shall be a single executive unless otherwise provided by law. Such single
executives shall be nominated and appointed by the Governor, with the advice and consent of the
Senate, to serve at the pleasure of the Governor during his term of office and until the
appointment and qualification of their successors, except as herein otherwise provided with
respect to the Secretary of State and the Attorney General.
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3. The Secretary of State and the Attorney General shall be nominated and appointed by the
Governor with the advice and consent of the Senate to serve during the term of office of the
Governor.
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4. Whenever a board, commission or other body shall be the head of a principal department,
the members thereof shall be nominated and appointed by the Governor with the advice and
consent of the Senate, and may be removed in the manner provided by law. Such a board,
commission or other body may appoint a principal executive officer when authorized by law, but
the appointment shall be subject to the approval of the Governor. Any principal executive officer
so appointed shall be removable by the Governor, upon notice and an opportunity to be heard.
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5. The Governor may cause an investigation to be made of the conduct in office of any officer
or employee who receives his compensation from the State of New Jersey, except a member,
officer or employee of the Legislature or an officer elected by the Senate and General Assembly
in joint meeting, or a judicial officer, lie may require such officers or employees to submit to him
a written statement or statements, under oath, of such information as he may call for relating to
the conduct of their respective offices or employments. After notice, the service of charges and
an opportunity to be heard at public hearing the Governor may remove any such officer or
employee for cause. Such officer or employee shall have the right of judicial review, on both the
law and .the facts, in such manner as shall be provided by law.
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6. No rule or regulation made by any department, officer, agency or authority of this State,
except such as relates to the organization or internal management of the State government or a
part thereof, shall take effect until it is filed either with the Secretary of State or in such other
manner as may be provided by law. The Legislature shall provide for the prompt publication of
such rules and regulations.
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ArticleV, Section 4, paragraph 6
6.No rule or regulation made by any department, officer, agency or authority of this state, except
suchas relates to the organization or internal management of the State government or a part
thereof,shall take effect until it is filed either with the Secretary of State or in, such other,
manneras may be provided by law. The Legislature shall provide for the prompt publication of
suchrules and regulations. The Legislature may review any rule or regulation to determine if the
ruleor regulation is consistent with the intent of the Legislature as expressed in the language of
thestatute which the rule or regulation is intended to implement. Upon a finding that an existing
orproposed rule or regulation is not consistent with legislative intent, the Legislature shall
transmitthis finding in the form of a concurrent resolution to the Governor and the head of the
ExecutiveBranch agency which promulgated, or plans to promulgate, the rule or regulation. The
agencyshall have 30 days to amend or withdraw the existing or proposed rule or regulation. If
theagency does not amend or withdraw the existing or proposed rule or regulation, the
Legislaturemay invalidate that rule or regulation, in whole or in part, or may prohibit that
proposedrule or regulation, in whole or in part, from taking effect by a vote of a majority of the
authorizedmembership of each House in favor of a concurrent resolution providing for
invalidationor prohibition, as the case may be, of the rule or regulation. This vote shall not take
laceuntil at least 20 calendar days after the placing on the desks of the members of each House
ofthe Legislature in open meeting of the transcript of a public hearing held by either House on
theinvalidation or prohibition of the rule or regulation.
AmendedNovember 3, 1992.
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