NJ lawmakers propose requiring legislative approval for replacement lieutenant governors

TRENTON, N.J. — Two Warren County Republican lawmakers are proposing a constitutional amendment that would require a governor’s choice to fill a vacancy in the lieutenant governor’s office to receive approval from both houses of the New Jersey Legislature.

Assembly Republican Leader John DiMaio is proposing the amendment, ACR157, which would require a nominee to receive a majority vote in both the state Senate and Assembly before taking office. State Sen. Doug Steinhardt plans to introduce a companion measure in the Senate.

“Right now, one person gets to choose someone who could become governor tomorrow, with no confirmation hearing, no legislative vote and no vote of the people,” DiMaio (R-Warren) said. “That is too much power concentrated in one person’s hands.”

The proposal follows the resignation of Lt. Gov. Dale Caldwell last month after the release of an independent investigation into his conduct. Gov. Mikie Sherrill called for Caldwell’s resignation Sept. 24 after the investigation found serious, repeated violations of state policy, including a substantiated finding of sexual harassment. Caldwell resigned the following day.

It marked the second time in three years that New Jersey has faced a vacancy in the lieutenant governor’s office. Lt. Gov. Sheila Oliver died in office in 2023.

“The lieutenant governor is elected by more than 6 million New Jerseyans. When that office becomes vacant, the governor should not have unilateral authority to choose the replacement, said Steinhart (R-Warren). “The Legislature, which represents the people of every corner of New Jersey, should have a meaningful role in filling the vacancy and providing a necessary check and balance.”

Under the New Jersey Constitution, the governor has 45 days to appoint a replacement lieutenant governor to serve the remainder of the term. Legislative confirmation is not currently required.

A lieutenant governor must meet the same basic eligibility requirements as the governor, including being at least 30 years old, a U.S. citizen for at least 20 years and a New Jersey resident for at least seven years.

“Those qualifications tell us whether someone is legally eligible to hold the office. They tell us almost nothing about whether that person should be one heartbeat away from running the state,” DiMaio said.

The proposed amendment would model the process after the 25th Amendment to the U.S. Constitution. When the vice presidency becomes vacant, the president nominates a replacement who must be confirmed by a majority vote in both the U.S. House and Senate.

“If the president of the United States cannot unilaterally choose a new vice president, why should a New Jersey governor have unilateral authority to choose the person next in line to become governor?” DiMaio said.

Following Oliver’s death in 2023, then-Gov. Phil Murphy appointed Tahesha Way as lieutenant governor. Way was already serving as secretary of state, a Cabinet position for which she had received Senate confirmation.

“At least Tahesha Way had been publicly vetted and confirmed by the Senate for her cabinet position,” DiMaio said. “A future appointee could walk into the lieutenant governor’s office without ever receiving a single vote from the Legislature or the public. That makes no sense.”

DiMaio said the proposal would leave the authority to nominate a replacement with the governor while giving lawmakers a role in approving that choice.

“This isn’t about taking the choice away from the governor. The governor nominates. The Legislature confirms. That is a basic check and balance for an office with enormous responsibility,” DiMaio said. “New Jersey has now had to replace two lieutenant governors in three years. We don’t need to wait for a third vacancy to recognize the flaw in the system.”

For a proposed constitutional amendment to reach New Jersey voters, it must receive three-fifths approval in both houses of the Legislature in a single legislative year or a majority vote in both houses in two consecutive legislative years. Voters would then decide whether to approve the amendment.