Top Republicans in both the state Senate and Assembly went to court Wednesday seeking to block a new policy that requires all people — including lawmakers — to show either proof of vaccination against COVID-19 or a negative coronavirus test to enter the New Jersey Statehouse in Trenton.
State Sen. Steven Oroho and Assemblyman John DiMaio, who will lead their chambers’ Republican caucuses in the next legislative session, filed a lawsuit in State Superior Court against the State Capitol Joint Management Commission — the little-known state commission that approved the policy in October as New Jersey continues to deal with the pandemic that has killed more than 28,300 residents.
Republicans, the minority party in both houses of the state Legislature, say the policy — which took effect Wednesday — is an “unprecedented overreach by a state agency” and violates the rights and powers granted by the state Constitution to both the public and lawmakers, according to the filing.
It’s unclear when the court will take action. But the motion comes one day before a few Republican lawmakers are planning to attempt defying the policy as the Legislature convenes Thursday for its first voting session since last month’s elections. Other Republicans are expected to comply or vote remotely.
Lawmakers are allowed to participate in voting sessions remotely if they don’t comply.
Oroho, R-Sussex, the incoming Senate minority leader, called the policy “exclusionary,” “unconstitutional,” and “undemocratic.”
DiMaio, R-Warren, the incoming Assembly minority leader, said many Republicans object to the policy because it’s “unfair” and “unconstitutional.”
“Unfair because of how it affects the public from participating in the democratic process, and unconstitutional because the commission has no authority over how lawmakers legislate — especially in the Statehouse,” DiMaio said.
The State Capitol Joint Management Commission — made up of four people appointed by Democratic Gov. Phil Murphy’s administration and one member each by the Senate and Assembly Democratic and Republican caucuses — voted 5-2 on Oct. 26 to approve the policy. People who are not vaccinated will be allowed to enter if they show a negative coronavirus test from within 72 hours.
The policy also applies to legislative staff members, members of the press, and anyone from the public who wants to testify during a committee hearing or protest legislation inside the building.
Assemblyman Erik Peterson, R-Hunterdon, said he has “no legal obligation” to follow the policy.
“I don’t think the policy applies to me,” Peterson said. “The Constitution doesn’t give anyone the right to give conditions as to being able to vote in the chambers as an equal measure. Nobody can legally prevent me from going in and voting in the chambers. I think people need to get back to a good civics class and learn how the Constitution works.”