The Party Democracy Act -- a Step in the Right Direction

By: Michael M. Shapiro

The Party Democracy Act, sponsored by New Jersey State Senators Diane Allen (R) and Loretta Weinberg (D), is a step in the right direction. How the major County political parties operate in New Jersey is largely unknown. Yet, they have a great deal of power, including the ability to fill legislative vacancies as they arise. Reform is needed to create more openness and accountability of our County political parties.

The Party Democracy Act requires all County political parties to have by-laws and a constitution that are available to all Committeepeople within 48 hours of being requested. Currently, a number of County parties do not have by-laws or a constitution; therefore, the rules can be established (and potentially manipulated) by the County Chairperson so that his/her preferred candidate or position can rule the day. Having written by-laws and a constitution will afford all Committeepeople a level playing field in which to exercise their rights and obligations.

The Act also requires that when a Committeeperson resigns, he/she must do so in a notarized writing. Such a reform is especially important given that fraudulent resignations can alter the balance of power on crucial votes and the County parties have not been shy about resorting to such tactics to impose their will.

The most important reform under the proposed Act is that when legislative vacancies are filled by the County parties, a voting machine must be used. Currently, the County Chairperson often endorses a candidate and requests a voice vote to determine the winner. Because of the power of the Chairperson, Committeepeople are reluctant to cast a public vote against the Chairperson’s choice. A vote by machine will enable Committeepeople to vote their conscience rather than simply be forced to accept the Chairperson’s recommendation.

The Party Democracy Act will help to standardize the operations of the County parties throughout the State and will enable Committeepeople to have the knowledge and freedom so that they are able to honestly and effectively perform their duties. In the process, the openness and transparency of County parties will increase.

Michael M. Shapiro, founder of ShapTalk.com, is an attorney who resides in New Providence, New Jersey. He currently serves as the Editor of The Alternative Press, www.thealternativepress.com Contact Mike at mike@shaptalk.com