New Jersey § 40A:16-3 When office deemed vacant

New Jersey Statutes

§ 40A:16-3 — When office deemed vacant

New Jersey § 40A:16-3

Title 40AMUNICIPALITIES AND COUNTIES

This text of New Jersey § 40A:16-3 (When office deemed vacant) is published on Counsel Stack Legal Research, covering New Jersey primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

N.J. Stat. Ann. § 40A:16-3 (2026).

Text

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 resig

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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.