Merritt v. Headley
Merritt v. Headley
Opinion of the Court
The issue presented by appellant on this appeal is whether Art. IY, § Y, par. 4 of the New Jersey Constitution (1947) disqualifies respondent Douglas Romaine from being a primary candidate for the New Jersey General Assembly for the 23rd District because he is a Comipissioner of the Morris County Board of Taxation. The trial judge held that respondent was not disqualified from being a candidate. Because the primary election is scheduled for June 5, 1979, we accelerated the filing of briefs and heard oral argument of counsel on June 1, 1979. We now affirm.
Art. IY, § Y, par. 4, of the Constitution provides:
INELIGIBILITY FOR MEMBERSHIP IN LEGISLATURE
No member of Congress, no person bolding any Federal or State office or position, of profit, and no judge of any court shall be entitled to a seat in tbe Legislature.
Accordingly, we hold that respondent may be a candidate for the General Assembly from the 23rd District but, if elected, must resign as a Commissioner of the Morris County Board of Taxation before being sworn in and assuming his duties as an Assemblyman.
Affirmed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.