New Jersey Statutes
§ 40A:16-5 — Filling vacancies in municipalities holding general elections
New Jersey § 40A:16-5
JurisdictionNew Jersey
Title 40AMUNICIPALITIES AND COUNTIES
This text of New Jersey § 40A:16-5 (Filling vacancies in municipalities holding general elections) 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:16-5 (2026).
Text
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,
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Nearby Sections
15
§ 40A:16-1
Short title§ 40A:16-10
Qualifications of appointee to fill vacancy§ 40A:16-11
Appointment to fill vacancy where incumbent was nominee of a political party; time to fill vacancy§ 40A:16-14
Special election to fill vacancy in the office of mayor; limitation on authority to appoint§ 40A:16-15
Appointment pending election when person elected to office dies before commencement of term§ 40A:16-17
Special election when person elected to office becomes disqualified before commencement of term§ 40A:16-18
Notice of holding special election; contents§ 40A:16-2
Definitions§ 40A:16-21
Time for taking officeCite This Page — Counsel Stack
Bluebook (online)
New Jersey § 40A:16-5, Counsel Stack Legal Research, https://law.counselstack.com/statute/nj/40A/40A%3A16-5.