Dual mandate
A dual mandate is the practice in which elected officials serve in more than one elected or other public position simultaneously. This practice is sometimes known as double jobbing in Britain and cumul des mandats in France; not to be confused with double dipping in the United States (e.g. being employed by and receiving a retirement pension from the same public authority at the same time). Thus, if someone who is already
Political and legal approaches toward dual mandate-holding vary widely. In some countries, dual mandates are a well-established part of the political culture; in others they may be prohibited by law. For example, in
European Parliament
A member of the
Originally, MEPs were nominated by national parliamentarians from among their own membership.
Australia
Dual mandates are rare in
In 2004
Belgium
As in neighboring France, the culture of dual mandates is very strong in Belgium and that country currently has one of the highest percentage of dual mandate holders (MPs, aldermen, municipal councilors) in the world. During the 2003–2009 period, 87.3% of members of the Walloon (French-speaking) Parliament held dual mandates, followed by 86.5% in the Flemish (Dutch-speaking) Parliament, 82.0% in the Chamber of Representatives (the Federal lower house) and 68.9% in the Senate. During that same period, 76.5% of all European Parliament MPs from Belgium held dual mandates.
More than one-fifth of all Belgian MPs were mayor at the same time with, by far, by the highest proportion (40%) to be found in the Walloon Parliament.[9]
Canada
In Canada dual mandates are rare and are frequently barred by legislation at the federal, provincial, or territorial level. At the federal level, section 39 of the Constitution Act, 1867 prevents a Senator from being elected as a Member of Parliament; similarly, s. 65(c) of the Canada Elections Act makes members of provincial or territorial legislatures ineligible to be candidates to the House of Commons. At the provincial level, the situation varies from one province to another.
In most circumstances, an elected official almost always resigns their first post when elected to another. Dual representation has occurred occasionally when the member was elected to a second office shortly before their other term of office was due to expire anyway and whereby the short time frame would not merit the cost of a special
In the first few years after
The double mandate was prohibited from the start in Nova Scotia and New Brunswick; it was abolished in Ontario in 1872, in Manitoba in 1873, and in 1873 the federal parliament passed a law against it; Quebec passed its own law abolishing it in 1874.[11][12]
However, dual mandates within a province remained legal. From 1867 to 1985, 305 mayors were also members of the Quebec legislative assembly (MLA). The two best-known cases were those of S.N. Parent who was simultaneously mayor of Quebec City (1894-1906), MLA and Premier of Quebec (1900-1905). Longtime Montreal Mayor Camilien Houde (1928–32, 1938–40) was also simultaneously MLA for a total of 2 /1/2 years during his mandates as mayor. However that type of dual mandate had virtually ceased when laws adopted in 1978 and 1980 prohibited MNAs from holding any local mandate.
Finland
It is common for the MPs of the Finnish Parliament to hold a mandate as a member of their local municipal council as well. 79 percent of MPs elected to parliament in 2011 were also municipal council members.[13]
France
The cumul des mandats (French:
Several laws to limit the practice have been introduced in recent decades. By far the most coveted local mandate is that of mayor, traditionally a highly prestigious function in France.
A hotly debated law to prohibit all dual mandates, to take effect in 2017, was adopted in July 2013.[17] Following the adoption of the law, former President Sarkozy and other members of the opposition UMP party have declared that if elected in 2017, their party would revise or even revoke that law.[18][19] Many Socialist Party MPs and senators have also expressed their unease with the law imposed by President Hollande and might welcome a review of the law. In the meantime, the ubiquitous 'député-maire' (MP and mayor) and 'sénateur-maire' are still familiar figures of the French political scene.
Conditions regarding multiple mandates in France
- The President of the Republic cannot hold any other office during their tenure.
- However, Presidents do personal representative, a sort of viceroy, to Andorra to act on their behalf.
- However, Presidents do
Multiple mandates at the legislative level
Parliamentary mandates are incompatible with each other:
- Member of the National Assembly of France
- Member of the Senate of France
- Member of the European Parliament
The 2022 election in Pas-de-Calais's 8th Assembly constituency was annulled because the winner's substitute was already substitute for a senator.[20]
A member from one of the above assemblies cannot combine its mandate with more than one of the following mandates :
- Member, vice-president or president of a General Council
- Member, vice-president or president of a Regional Council
- Councillor, deputy-mayor, or mayor of a commune of more than 3,500 inhabitants
- Councillor of Paris (The "Council of Paris" is at the same level a municipal council and a general council, because Paris has a special status, municipality and département at the same level)
- Councillor in the Corsican Assembly (Corse has a regional special status)
Exceptions: They can hold a third office in a town of less than 3,500 inhabitants.
They may also hold a third office as a councillor, vice-president or president of an
For example, a member of the National Assembly has the right to be general/regional councillor or President of a regional/general council. They cannot hold a third office unless they are the mayor, deputy mayor or municipal councillor of a city of less than 3,500 inhabitants.
In 2008, 85% of members of parliament held multiple posts [21] Following the June 2012 legislative elections, it was still the case that 75% of all National Assembly members (438 deputies out of 577) held a double mandate (often as mayor of a mid- to large-size city) and 33 have four mandates.[22] Currently, out of 348 senators, 152 are also mayors.[23]
The accumulation of local mandates
They cannot have more than two local mandates.
The following mandates are incompatible each other:
- Mayor
- President of the General Council
- President of the Regional Council
For example, an elected official cannot be mayor and president of the Regional Council. However, all other local mandates are cumulative. A mayor can also be a general councillor and a president of a Regional Council can also be deputy-mayor of a city.
Exceptions are the same as those for parliamentarians (Cities of less than 3,500 inhabitants and the intercommunalities)
The accumulation of mandates and governmental functions
A member of the French government cannot be a member of any assembly. However, the member of government may retain any local mandate they hold. A cabinet minister can exercise a maximum of two local mandates in addition to their government function.
For example, the prime minister, a minister or secretary of state can be mayor, or president of a general, regional or intercommunal council or sit in one of these assemblies.
Currently, over two-thirds of the members of the French government are engaged in one or two more local mandates.
Purpose and frequency
The rationales for holding multiple offices are varied. Holding a seat in the Senate, National Assembly, or European Parliament gives local mayors a valuable method of tapping funds to develop their home cities and regions.[24] It also can give opportunities to curry favor with other important officials, with opportunities at each level.[25] Salaries for positions can be combined (to a point) as well.[25] For politicians with national ambitions, retaining a position in a local town can give them a down-to-earth aura that can appeal to voters. These advantages have made politicians very wary of reducing the practice of the cumul with legislation despite other moves to end perceptions of favoritism and corruption among politicians.[26]
It has been common practice in France since the
There are several reasons for this phenomenon, and one of them is that France has a long tradition of centralization, compared to countries such as Germany, Italy, and Spain. Local governments have fewer powers and resources than those possessed by the Länder of Germany, or Autonomous Communities of Spain possess. The local mandates in France are less important than in other countries, and therefore politicians have more time to devote to a parliamentary mandate.
The cumul is a widespread practice and has grown much more prevalent in modern France. In 1946, 36 percent of deputies in the National Assembly held an additional office.[24] By 1956, this number had already increased to 42 percent[24] and by 1970, 70 percent of deputies held an additional elected office; in 1988, 96 percent did.[24]
Many of the most prominent politicians in France make use or have made use of the cumul.
An example: the accumulation of four electoral mandates
According to French law[27] against accumulation of electoral mandates, Yves Jégo should have resigned from one of the following mandates before April 21, 2010 (one month after the Regional elections):
- Member of the National Assembly of France for Seine-et-Marne
- Regional councillor of Île-de-France
- Mayor of Montereau-Fault-Yonne
But giving as a pretext a legal complaint from the
Recent and current status of cumul in the French government
As of 2007[update], no such rule was stated for the
Greece
The dual mandate is a common phenomenon in Greek politics. Some Members of Parliament, by tradition, become members of the government, and appointing technocrats to ministerial offices is unusual. As a result, the executive branch, and particularly the Prime Minister, has direct control of the legislative one. Although there are some limitations. For instance, the President is prohibited from being an MP or holding any other office. To be inaugurated, the President's resignation is required. For mayors, governors or members of municipality councils it is unclear if they can hold other offices simultaneously with their current one. One example of a politician being an MP (1974-1989) and MEP (1984-1989) is that of Georgios Mavros, although it is important to note that traditionally MPs who were elected MEPs resigned first.
Hong Kong
In Hong Kong, dual mandate is common for members of the territory's
It is also normal for
Ireland
The instability caused by the close result of the 1981 general election was exacerbated by the number of government TDs who also served as MEPs and for whom the opposition refused pairing when they were abroad.[28] This led to further elections in February 1982 and again in November.
In 1991, cabinet ministers and junior ministers were prohibited from serving as local councillors.[29] The prohibition was extended to other Oireachtas members by the Local Government (No. 2) Act 2003, an amendment to the Local Government Act 2001.[30] Attempts to include it in the 2001 Act failed after a rebellion by Fianna Fáil backbenchers;[31] the 2003 Act passed after a compensation package was agreed for those losing out.[32]
The 2001 Act prohibited being a member of multiple county or city councils, or multiple
Malaysia
Dual mandate is common in
Philippines
Dual mandates are banned in the Philippines, based on Article VI, sections 13 and 14, and Article VII, section 13 of the constitution. As elections are synchronized, politicians run on just one position. In cases where a politician is elected or appointed to a new office while serving, the politician will have to vacate the prior office before taking office to the new one. An example includes Mark Villar who vacated his newly won congressional seat in order to become Secretary of Public Works and Highways in 2016.[38]
Poland
In Poland, dual mandate is mostly limited to combining the role of a member of parliament with positions of minister or vice-minister (state secretary).
According to Art. 102-108 of the
On a statutory level, members of both houses of parliament are also barred from being members of councils of local government on all levels, or from holding the position of voivode or vice-voivode. They are also barred from running a business which makes use of public or communal property.
Spain
Per the
United Kingdom
At the EU level, prior to the
There have been members of the
The November 2009 report by the
The Wales Act 2014 also applied a similar restriction on the then National Assembly for Wales (now the Senedd or Welsh Parliament) as from the Assembly election in 2016.[47] As of 2019, it remains possible for members of the Scottish Parliament to be members of the UK Parliament, indeed the leader of the Scottish Conservatives, Douglas Ross, is both an MP for Moray and an MSP for the Highlands and Islands.[48]
In circumstances other than the Greater Manchester and West Yorkshire mayoralties, UK law does not prohibit a member of the House of Commons or the House of Lords from being simultaneously a mayor or council leader.[49] They are also not allowed to serve as a councillor for a constituent council if elected as a directly elected mayor.[50] Thus Ken Livingstone remained MP for Brent East until the dissolution of Parliament despite his election as Mayor of London a year before.[51] Boris Johnson resigned his seat as MP for Henley on being elected mayor in 2008, but became an MP again in 2015, a year prior to the end of his second term as mayor (he did not seek a third term). Sadiq Khan, elected as the Labour mayor in the 2016 election, resigned his seat as MP for Tooting soon after his election to the mayoralty.[52] Numerous members of the House of Lords however hold positions in local government.
At a lower level, it is common for people to hold seats on both a district council and a county council. Several MPs have also retained their council seats, most often until the expiration of their terms; Mike Hancock simultaneously held a council seat and a seat in Parliament between his election to Parliament in 1997 and his defeat in the local elections in 2014.
United States
Federal
The
Historically, the U.S. inherited many basic political traditions from
During the
For the first few decades after the
In time, the vast majority of states banned dual state and federal mandates. Today, the practice is forbidden by many
Unlike many federations, U.S. states do not generally restrict state or federal officials from seeking office at another level of government without resigning their existing offices first. For example, in the four
Also typically permitted is for one person to seek multiple offices at the same level of government in the same election, although attempting to simultaneously seek multiple offices in the same branch of government (e.g. a sitting U.S. Representative seeking re-election to the House and election to the U.S. Senate) is severely frowned on and prohibited in many states (the constitutionality of these prohibitions is uncertain). Recent examples include the 2000, 2008, and 2012 presidential elections where Senators Joe Lieberman, Joe Biden and Representative Paul Ryan respectively sought re-election and election to the vice presidency - only Biden was successfully elected vice president, but all three were re-elected to the offices in which they were the incumbents.
Florida
In April 1984,
Illinois
In August 2008, Governor of Illinois Rod Blagojevich proposed legislation that would prohibit dual-office holding as part of changes to the state's ethics bill, stating that "dual government employment creates the potential for a conflict of interest because a legislator's duties to his or her constituents and his or her public employer are not always consistent." Critics, such as Representative Susana Mendoza, called the actions "spite" on the part of the governor.[55]
New Jersey
Fulfilling a campaign pledge that he had made when first running for the New Jersey Legislature, Jack Sinagra sponsored a bill passed by the New Jersey Senate in 1992 that would ban the practice. At the time that the legislation first passed, there were some twenty elected officials who served in the New Jersey Legislature and another elected office, including Assemblyman Bill Pascrell, who was also mayor of Paterson, New Jersey; State Senator Ronald Rice, who also served on the Newark City Council; and Assemblyman John E. Rooney, who was also mayor of Northvale. These officials protested the proposed ban as interfering with the will of voters to elect officials as they see fit.[56] A newspaper called former State senator Wayne R. Bryant the "king of double dipping" because he was collecting salaries from as many as four public jobs he held simultaneously.[57]
Governor of New Jersey Jon Corzine signed legislation in September 2007 that banned the practice statewide, but the 19 legislators holding multiple offices as of February 1, 2008, were grandfathered into the system and allowed to retain their positions.[58] As of January 2024, only three of the nineteen (listed in bold) continue to hold a dual mandate.[59]
- Name, Party-County – Second Public Office:
Senators:
- Dana Redd, D-Camden – Councilwoman, Camden
- Nicholas Sacco, D-Hudson – Mayor, North Bergen[60]
- Paul Sarlo, D-Bergen – Mayor, Wood-Ridge[61]
- Robert Singer, R-Ocean – Committeeman, Lakewood
- Brian Stack, D-Hudson – Mayor, Union City[62]
- Stephen Sweeney, D-Gloucester – Freeholder, Gloucester County
Assembly members:
- John Burzichelli, D-Gloucester – Mayor, Paulsboro
- Ralph Caputo, D-Essex – Freeholder, Essex County
- Anthony Chiappone, D-Hudson – Councilman, Bayonne
- Ronald Dancer, R-Ocean – Mayor, Plumsted Township
- Joseph Egan, D-Middlesex – Councilman, New Brunswick
- Elease Evans, D-Passaic – Freeholder, Passaic County
- John McKeon, D-Essex – Mayor, West Orange
- Paul D. Moriarty, D-Gloucester – Mayor, Washington Township
- Ruben Ramos, D-Hudson – Councilman, Hoboken
- Scott Rumana, R-Bergen – Mayor, Wayne
- Gary Schaer, D-Passaic – Councilman, Passaic[63]
- Daniel Van Pelt, R-Ocean – Mayor, Ocean Township
- Joseph Vas, D-Middlesex – Mayor, Perth Amboy[58]
Ohio
In February 2001, Jean Schmidt introduced legislation in the Ohio House of Representatives that would forbid public officials from receiving a government pension while still serving in office.[64]
See also
- Poobah, colloquial term for the practice
- Resign-to-run law
- Personal union
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