N.J. Stat. tit. 40A, ch. 16

in effect

N.J. Stat. § 40A:16-1 Short title

This chapter shall be known and cited as the "Municipal Vacancy Law." L.1979, c. 83, s. 1, eff. April 26, 1979.

N.J. Stat. § 40A:16-2 Definitions

As used in this chapter, unless the context clearly indicates to the contrary, the following words and terms shall have the following meanings: a. "Governing body" means the body exercising general legislative power in the municipality, including any mayor selected by the governing body from among its own members; b. "Incumbent" means a person in present possession of the office of mayor or member of a governing body and who is legally authorized to discharge the duties of the office; c. "Mayor" means the person elected to that office at large by the voters of the municipality; d. "Municipality" means any village, borough, town, township or city of this State; e. "Officer" means a mayor elected at large or the member of a governing body; f. "Political party" means a party which, at the election held for all of the members of the General Assembly next preceding the holding of any primary election held pursuant to Title 19 of the Revised Statutes, polled for members of the General Assembly at least 10% of the total vote cast in the State. L.1979, c. 83, s. 1, eff. April 26, 1979.

N.J. Stat. § 40A:16-3 When office deemed vacant

The office of a mayor or a member of the governing body of a municipality shall be deemed vacant: a. Upon its being so declared by virtue of a judicial determination; b. Upon the death of the mayor or a member of a governing body; c. Upon a determination of the other members of the governing body that the mayor or a member of a governing body no longer resides within the corporate limits of a municipality or ward from which he was elected; d. Upon the refusal of the mayor or member of a governing body to qualify or serve; e. Upon a judicial determination that the mayor or member of a governing body shall have become physically or mentally incapable of serving; f. Upon the filing of a written resignation with the municipal clerk by the mayor or a member of the governing body, except a resignation filed following the filing of a recall petition; g. Whenever the mayor, when required by law to attend meetings of the governing body, or a member of the governing body, fails to attend and participate in any meetings of the governing body for a period of 8 consecutive weeks without being excused from attendance by a majority of the members of the governing body, at the conclusion of such period; provided, however, that the governing body may refuse to excuse only with respect to those failure to attend and participate which are not due to legitimate illness; or, h. Upon a determination that the office comes within the purview of R.S. 19:3-25. L.1979, c. 83, s. 1, eff. April 26, 1979.

N.J. Stat. § 40A:16-4 Filling vacancies in municipalities holding regular municipal elections

Whenever a vacancy occurs as provided in N.J.S. 40A:16-3 in the office of mayor or in the membership of the governing body of a municipality holding regular municipal elections, the vacancy shall be filled in the following manner: a. If the vacancy occurs subsequent to September 1 of the last year of the term of the officer whose office has become vacant, the office may be filled for its unexpired term by appointment by the governing body as hereinafter provided; b. If the vacancy occurs at any other time, the vacancy shall be filled for its unexpired term at the next general or regular municipal election, whichever occurs first, to be held not less than 60 days after the occurrence of the vacancy. The governing body may fill the vacancy temporarily by appointment as hereinafter provided. L.1979, c. 83, s. 1, eff. April 26, 1979. Amended by L.1980, c. 101, s. 1, eff. Sept. 11, 1980.

N.J. Stat. § 40A:16-5 Filling vacancies in municipalities holding general elections

Whenever a vacancy occurs as provided in N.J.S. 40A:16-3 in the office of a mayor or in the membership of the governing body of a municipality holding general elections, the vacancy shall be filled in the following manner: a. If the vacancy occurs any time subsequent to September 1 of the next-to-the last year and up to the expiration of the term of the officer whose office has become vacant, the office may be filled for its unexpired term by appointment by the governing body as hereinafter provided; b. If the vacancy occurs at any other time, the vacancy shall be filled for its unexpired term at the next general election to be held not less than 60 days after the occurrence of the vacancy. The governing body may fill the vacancy temporarily by appointment as hereinafter provided. L.1979, c. 83, s. 1, eff. April 26, 1979. Amended by L.1980, c. 101, s. 2, eff. Sept. 11, 1980.

N.J. Stat. § 40A:16-6 Vote required to fill vacancy in office of mayor

An appointment to fill a vacancy in the office of mayor shall be by a majority vote of the entire membership of the governing body. L.1979, c. 83, s. 1, eff. April 26, 1979.

N.J. Stat. § 40A:16-7 Vote required to fill a vacancy in the membership of a governing body

An appointment to fill a vacancy in the membership of a governing body shall be by a majority vote of the remaining members of the governing body. L.1979, c. 83, s. 1, eff. April 26, 1979.

N.J. Stat. § 40A:16-8 Authority of mayor to vote in filling a vacancy

In municipalities governed by the provisions of Article 3 or 16A of the "Optional Municipal Charter Law," P.L.1950, c. 210 (C. 40:69A-31 et seq. and C. [40:69A-149.1] et seq.), or by the provisions of laws governing boroughs, R.S. 40:86-1 to R.S. 40:94-6 inclusive, a mayor shall be permitted to vote to fill a vacancy in the membership of a governing body only in the case of a tie vote. L.1979, c. 83, s. 1, eff. April 26, 1979. Amended by L.1981, c. 465, s. 38, eff. Jan. 9, 1982.

N.J. Stat. § 40A:16-9 Authority of Governor to fill vacancies in governing bodies

Whenever the offices of all or a majority of the members of a governing body shall become vacant as provided in N.J.S. 40A:16-3, the fact of the vacancies shall be immediately certified to the Governor by the municipal clerk or any remaining member of the governing body. The Governor shall fill the vacancies within 30 days of the occurrence of the vacancies. If the incumbent whose office has become vacant was elected to office other than as the nominee of a political party, the Governor shall appoint a successor to fill the vacancy without regard to party. If the incumbent whose office has become vacant was elected to office as the nominee of a political party, the Governor shall fill the vacancy by the appointment of a successor from the same political party which had nominated such incumbent. L.1979, c. 83, s. 1, eff. April 26, 1979.

N.J. Stat. § 40A:16-10 Qualifications of appointee to fill vacancy

Every person appointed to fill a vacancy, either for the unexpired term or temporarily, shall have the qualifications required by statute to permit the appointee to qualify for election to office. L.1979, c. 83, s. 1, eff. April 26, 1979.

N.J. Stat. § 40A:16-11 Appointment to fill vacancy where incumbent was nominee of a political party; time to fill vacancy

40A:16-11. Appointment to fill vacancy where incumbent was nominee of a political party; time to fill vacancy. If the incumbent whose office has become vacant was elected to office as the nominee of a political party, the municipal committee of the political party of which the incumbent was the nominee shall, no later than 15 days after the occurrence of the vacancy, present to the governing body the names of three nominees for the selection of a successor to fill the vacancy. The governing body shall, within 30 days after the occurrence of the vacancy, appoint one of the nominees as the successor to fill the vacancy. If the governing body fails to appoint one of the nominees within the time prescribed herein, the municipal committee that named the three nominees shall, within the next 15 days, appoint one of the nominees as the successor to fill the vacancy, and such person shall be sworn in immediately. If the municipal committee which nominated the incumbent fails to submit the names of the nominees within the time prescribed herein, the governing body may, within the next 15 days, fill the vacancy by the appointment of a successor from the same political party which had nominated the incumbent whose office has become vacant. If, on the effective date of this act, the governing body had previously received from the municipal committee the names of three nominees to fill any such vacancy and had not filled the vacancy, the governing body, within 30 days after the effective date of this act, shall appoint one of the nominees as the successor to fill the vacancy. L.1979, c.83, s.1; amended 1980,c.101,s.3; 1990,c.57,s.1.

N.J. Stat. § 40A:16-12 Appointment to fill vacancy where incumbent was not nominee of a political party; time to fill vacancy

If the incumbent whose office has become vacant was not elected to office as the nominee of a political party, the governing body may, within 30 days of the occurrence of the vacancy, appoint a successor to fill the vacancy without regard to party. L.1979, c. 83, s. 1, eff. April 26, 1979. Amended by L.1980, c. 101, s. 4, eff. Sept. 11, 1980.

N.J. Stat. § 40A:16-13 Failure of governing body to fill vacancy in membership of governing body

40A:16-13. Failure of governing body to fill vacancy in membership of governing body. If a governing body shall fail or decline to fill a vacancy in the membership of the governing body by appointment as provided in N.J.S.40A:16-4 or 40A:16-5 within the time prescribed by N.J.S.40A:16-12, the office shall remain vacant for the remainder of the term or until the election and qualification of a successor, as the case may be. L.1979, c.83, s.1;amended 1980,c.101,s.5; 1990,c.57,s.2.

N.J. Stat. § 40A:16-14 Special election to fill vacancy in the office of mayor; limitation on authority to appoint

If a governing body shall fail to fill a vacancy in the office of mayor as provided in N.J.S. 40A:16-4a or 40A:16-5a within the 30-day period prescribed by N.J.S. 40A:16-11 or 40A:16-12, the municipal clerk shall forthwith fix the date for a special election to fill the vacancy to be held not less than 45 days nor more than 50 days after the expiration of the time fixed for the filling of the vacancy. If the date fixed for a special election shall fall within 20 days prior to the holding of any general election, regular municipal election or any other election within the municipality, the vacancy shall be filled at that election. If the date fixed for a special election shall fall within 20 days after the holding of any general election, regular municipal election or any other election within the municipality, then the special election to fill the vacancy shall be held not less than 20 days nor more than 25 days from the date of that election. Notwithstanding the foregoing, if a vacancy in the office of mayor occurs in the final 6 months of the term of the mayor, no special election shall be held to fill the vacancy. No appointment shall be made by a governing body to fill a vacancy occurring in the office of a mayor after the fixing of a date for a special election to fill the vacancy pursuant to this section. L.1979, c. 83, s. 1, eff. April 26, 1979. Amended by L.1980, c. 93, s. 1, eff. Aug. 28, 1980.

N.J. Stat. § 40A:16-15 Appointment pending election when person elected to office dies before commencement of term

40A:16-15. If at any time after an election for the office of mayor or for a member of the governing body and before the time fixed for the commencement of the term of the office, the person elected to that office dies, the municipal committee of the political party of which the person elected was the nominee shall appoint another person to fill the position until the next regular municipal election. If the person elected was not the nominee of a political party, on or within 30 days after the time fixed for the commencement of the term of office, the governing body shall appoint a successor to fill the office until the next regular municipal election without regard to party. L.1979, c.83, s.1;amended 1980,c.93,s.2; 1993,c.341.

N.J. Stat. § 40A:16-16 Special election when vacancy occurs pursuant to R.S. 19:3-25

Whenever the office of mayor or of member of the governing body shall be declared or deemed vacant pursuant to R.S. 19:3-25, the municipal clerk shall forthwith fix the date for a special election to fill that office for its term or unexpired term, as the case may be, to be held not less than 45 days nor more than 50 days from the date upon which the office was so declared or deemed to be vacant. L.1979, c. 83, s. 1, eff. April 26, 1979. Amended by L.1980, c. 93, s. 3, eff. Aug. 28, 1980.

N.J. Stat. § 40A:16-17 Special election when person elected to office becomes disqualified before commencement of term

If at any time after an election for the office of mayor or for a member of the governing body and before the time fixed for the commencement of the term of the office, it shall be determined that the person elected to that office shall no longer have the qualifications required for the office, the municipal clerk shall forthwith fix the date for a special election to fill the office for its term or unexpired term, as the case may be, to be held not less than 45 days nor more than 50 days from the date of such determination. L.1979, c. 83, s. 1, eff. April 26, 1979. Amended by L.1980, c. 93, s. 4, eff. Aug. 28, 1980.

N.J. Stat. § 40A:16-18 Notice of holding special election; contents

The municipal clerk upon the fixing of a date for the holding of a special election shall immediately cause to be published in a legal newspaper circulating within the municipality a notice setting forth the date of the special election, its purpose, and the date when the nomination of candidates for election shall be filed in the clerk's office. L.1979, c. 83, s. 1, eff. April 26, 1979.

N.J. Stat. § 40A:16-19 Nomination of successor to be elected at special election

The nomination of a successor to be elected at a special election as provided in N.J.S. 40A:16-14, 40A:16-15, 40A:16-16 and 40A:16-17 shall be made in the following manner: a. In municipalities holding elections for municipal officers at the time of a general election, the municipal committees of the political parties in the municipality shall, no later than 15 days from the expiration of the time fixed in N.J.S. 40A:16-14 for the filling of a vacancy by appointment or from the happening of the events set forth in N.J.S. 40A:16-15, 40A:16-16 and 40A:16-17, select their candidates for election to the office, and file a statement of their selections with the municipal clerk. The statements so filed shall conform to the provisions of R.S. 19:13-20. Other candidates for election to such office shall be nominated by petition in the manner set forth in subsection b. of this section. b. In municipalities holding regular municipal elections, nomination shall be by petition in writing filed with the municipal clerk. The petition shall be signed by a number of the registered and qualified voters of the municipality if the successor is to be elected at large, or of the ward if the successor is to be elected from a ward, equal to at least 0.5% of the total number of votes cast in the municipality, or ward, as the case may be, at the last preceding general election at which members of the General Assembly were elected, but in no case shall such petition be signed by fewer than 25 such voters. The petition shall be filed with the municipal clerk no later than 15 days from the expiration of the time prescribed in N.J.S. 40A:16-14 for the filling of a vacancy by appointment or from the happening of the events set forth in N.J.S. 40A:16-15, 40A:16-16 and 40A:16-17. The municipal clerk shall forthwith examine the petition, and, if he finds it to be defective in any particular, he shall return the petition to the person nominated thereby setting forth his reasons in writing. Within 3 days after its return, the petition as corrected may be refiled with the municipal clerk. L.1979, c. 83, s. 1, eff. April 26, 1979.

N.J. Stat. § 40A:16-20 Nomination of successor to be elected at regular municipal or general election

The nomination of a successor to be elected at a regular municipal or general election shall be made in the manner provided in Title 19 of the Revised Statutes. L.1979, c. 83, s. 1, eff. April 26, 1979.

N.J. Stat. § 40A:16-21 Time for taking office

All appointees to fill a vacancy, whether to fill the unexpired term or temporarily, shall take office immediately after appointment and qualification. All persons elected to serve for the unexpired term of an office shall take office immediately upon certification of the results of the election pursuant to the provisions of R.S. 19:20-9. All persons elected to serve for a full term of office shall take office on the date fixed for the commencement of the term of the office. L.1979, c. 83, s. 1, eff. April 26, 1979.

N.J. Stat. § 40A:16-22 Provisions in special municipal charters superseded

The provisions of any special municipal charters which are inconsistent with the provisions of this chapter are hereby superseded. L.1979, c. 83, s. 1, eff. April 26, 1979.

N.J. Stat. § 40A:16-23 Statutes repealed

The following sections, acts and chapters, together with all amendments and supplements thereto are hereby repealed: Revised Statutes Sections: R.S. 40:72-15; R.S. 40:81-18; R.S. 40:87-11; R.S. 40:125-7; R.S. 40:131-5; R.S. 40:146-20; R.S. 40:171-5. Pamphlet Laws: P.L.1975, c. 213 (C. 40:45B-1 to C. 40:45B-6 inclusive); P.L.1950, c. 210, s. 3-5 (C. 40:69A-35); P.L.1950, c. 210, s. 4-6 (C. 40:69A-54); P.L.1950, c. 210, s. 5-6 (C. 40:69A-60); P.L.1950, c. 210, s. 6-7 (C. 40:69A-67); P.L.1950, c. 210, s. 7-6 (C. 40:69A-73); P.L.1950, c. 210, s. 8-7 (C. 40:69A-80); P.L.1950, c. 210, s. 9-5 (C. 40:69A-85); P.L.1950, c. 210, s. 10-5 (C. 40:69A-103); P.L.1950, c. 210, s. 11-5 (C. 40:69A-108); P.L.1950, c. 210, s. 12-6 (C. 40:69A-114); P.L.1950, c. 210, s. 13-5 (C. 40:69A-119); P.L.1950, c. 210, s. 14-5 (C. 40:69A-137); P.L.1953, c. 254, s. 13 (12A-5) (C. 40:69A-114.5); P.L.1973, c. 234, s. 5 (C. 40:69A-114.11); P.L.1963, c. 149, s. 8 (C. 40:103-5(78) ). L.1979, c. 83, s. 1, eff. April 26, 1979.

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