TRENTON, NJ – Assembly Republican Leader John DiMaio announced plans to introduce a constitutional amendment that would suspend U.S. Sen. Robert Menendez, or any indicted elected official, from office pending the outcome of their trial.
DiMaio aims to bring the amendment before the New Jersey Legislature when it reconvenes in November. The proposal comes in response to Menendez’s refusal to step down after being indicted on federal corruption charges. “Since he refuses to do the right thing, I feel compelled to have New Jerseyans vote on the best course of action,” said DiMaio.
Originally, DiMaio had supported a similar amendment, known as ACR130, when he joined the Legislature in 2009. The measure aimed to temporarily suspend and replace an indicted elected official.
Under the proposed amendment, indicted officials at all levels of government in New Jersey would be suspended and replaced. If the official is acquitted or the charges are dismissed, they would return to office for the remainder of their term. If convicted, the seat would be considered vacant and filled according to existing laws.
DiMaio emphasized the need for a mechanism to hold elected officials accountable, citing the absence of such a system in the current legal framework. “It’s an honor and privilege to serve the people of New Jersey, not an opportunity to pad your legal defense fund,” he said.
