No Assembly Vacancy

The New Jersey State Constitution is clear, except when it isn’t. Consider Article IV, Section V, Paragraph 1: “No member of the Senate or General Assembly, during the term for which he shall have been elected, shall be nominated, elected or appointed to any State civil office or position, of profit, which shall have been created by law, or the emoluments whereof shall have been increased by law, during such term. The provisions of this paragraph shall not prohibit the election of any person as Governor or as a member of the Senate or General Assembly.” On the surface, it would seem that the Constitution might bar the appointment (and reappointment) of Assemblyman Donald Tucker as a Passaic Valley Sewerage Commissioner — Salary: $10,000-a-year. But because Commissioners are paid out of commission funds and not state dollars, Tucker can still hold the job without giving up his $49,000-a-year Assembly seat (and surely not his Newark City Council seat, which pays $80,000-a-year, plus a car and a multitude of other perks). Tucker is a sure thing to win re-election in November.

No Assembly Vacancy