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Here we go again.
For the second time in less than four years New Jersey will be governed by a chief executive who was not chosen by the voters for the job.
And while Senate President Richard Codey after three decades in the Legislature is probably about as well prepared as anyone to run the state, the fact remains that New Jersey needs to change the way it fills the vacancy when the Governor fails to complete a term.
We need to do things the way just about every other state does. We need to have a lieutenant governor.
Just as was the case early in 2001 when Senate President Donald DiFranecsco succeeded Gov. Christie Whitman upon her resignation, Codey takes over because the state constitution says the Senate President becomes Acting Governor in such a situation. And people who aren't familiar with the quirks of New Jersey's succession quite logically assume he then steps down as Senate President and leaves the Senate entirely so he can focus full attention on being what is arguably the most powerful governor in the United States.
But of course that is not the case. The constitution makes it very clear: he is Acting Governor because he is Senate President. If he left the Senate post he wouldn't be Governor either; the next Senate President would have the job.
This is a bad system for two reasons.
First, no one elected the Senate President to fill the Governor's shoes. Codey is a popular lawmaker who won reelection to his seat from Essex County in 2003 by a landslide. But a landslide in a State Senate election is hardly a statewide mandate. He got 17,220 votes. In fact the two major party candidates in that race received just over 26,000 votes, compared to the more than 2 million cast in the last election for Governor. His Democratic colleagues in the upper house then elected Codey as Senate President, a solid choice based on his record and the fact that he's a class act. But that's a victory requiring at most 21 votes. So someone chosen to represent one of 40 legislative districts becomes the leader of a state of more than 8 million people.
Second, it is naive to think that with problems as complex as New Jersey faces in the 21st century, any man or woman should be entrusted with running one branch of government and at the same time half of another branch. Leaving aside the potential for conflicts of interest and divided loyalties, and the violation of the separation of powers concept, it's simply not fair. In no other state can a person head two branches of government.
Suppose instead that New Jersey had a lieutenant governor. First of all, there would be none of the maneuvering that has just taken place to avoid a special election to fill out the remainder of the Governor's term. The second in command would simply take over until the next regularly scheduled election for Governor. Gov. McGreevey could have done what he probably wanted to do, and that was leave immediately. His decision to stay on until Nov. 15 is being criticized as a political move to avoid a special election-which it probably is.
On the other hand, having a special election where candidates have only a couple of months to become known to the public and air their views on the issues is no favor to the public. Nor is holding an election for Governor that could be overshadowed by the race for President. New Jersey's constitution wisely directs elections for Governor to be held in odd-numbered years so there is never a conflict with an election for President or U.S. Senator.
Having a lieutenant governor would avoid all this fuss. More important, it would mean the voters knew when they cast their ballots for governor who would take over if that person won but didn't finish his or her term. When you go to the polls this November you know that if you vote for Kerry you get Edwards too or that if you select Bush you also get Cheney. To what extent that actually affects the choice of whom you vote for is debatable. But at least you know.
Indeed, the choice of a running mate would be one of the first tests a candidate for Governor would have to pass to convince the public that he or she is a person of good judgment. Nothing wrong with that.
Some opponents of modernizing New Jersey's system of succession say there would be very little for a lieutenant governor to do under normal circumstances, so paying a salary and that of a staff would be a waste of tax dollars. In truth it would be a small price to pay for consistency and democratic representation. But there is no need for the lieutenant governor to just hang around. One option would be to abolish the position of Secretary of State in New Jersey and give the lieutenant governor the duties of that office.
When Whitman left office, many people noted that it was the first time in 35 years that a New Jersey governor had left earlier-hardly a common enough occurrence to change the constitution. Well, now it has happened once more. How long must it take to put a system in place that offers the accountability and respect for the democratic process that makes people want to participate in that process?
Jon Shure is president of New Jersey Policy Perspective, a nonprofit, nonpartisan organization that conducts research on state issues.
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