Is Mason correct in claiming that Zimmer is breaking NJ law?

Saturday, Hoboken residents received an automated phone message discussing the issue of Acting Mayor Dawn Zimmer holding two offices. Her opponent in the upcoming Nov. 3 mayoral election, Councilwoman Beth Mason, also has sent out mailers twice this week about this issue.
Zimmer became council president just this past July 1, then was elevated to acting mayor when new Mayor Peter Cammarano resigned because of his arrest on corruption charges.
Her allies on the City Council could have voted for her to be interim mayor instead, thus opening up her 4th Ward council seat for someone else. The mayoral election is being held Nov. 3. Rather than risk losing both her council seat and the upcoming election, Zimmer chose to retain both positions and see what happens with the election.
Is this really illegal?
While New Jersey passed a law against dual office holding two years ago, and it went into effect Feb. 1, 2008, Zimmer’s case doesn’t apply.
The law applies to holding two “elective” offices at once. Zimmer was not elected acting mayor.
Another state law actually allowed her to be appointed acting mayor until the winner of the election takes over.
So dual office holding in New Jersey may be illegal in some cases, but not all. (Actually, for elected officials to hold appointed offices as well is still ok under the law, and politicians who were holding two offices before it was passed were grandfathered in.)
Want to read the law yourself? Check it out HERE.

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