S2857

An Act concerning a vacancy in the representation of this State in the United States Senate and amending various parts of the statutory law.

Be It Enacted by the Senate and General Assembly of the State of New Jersey:

1. R.S.19:3-26 is amended to read as follows:

19:3-26. [If] a. When a vacancy shall happen in the representation of this State in the United States senate, it shall be [filled at the general election next succeeding the happening thereof, unless such vacancy shall happen within 70 days next preceding such election, in which case it shall be filled by election at the second succeeding general election, unless the governor of this State shall deem it advisable to call a special election therefor, which he is authorized hereby to do] the duty of the governor to issue a writ of election to fill such vacancy in the manner provided in chapter 27 of Title 19 of the Revised Statutes.

[The] b. Within 30 days after the occurrence of a vacancy, the governor of this State [may] shall make a temporary appointment of a senator of the United States from this State whenever a vacancy shall occur by reason of any cause other than the expiration of the term[; and such]. The appointee shall be from the same political party as the person vacating the office and shall have been a member of that political party continuously for a period of four consecutive years immediately prior to the appointment. The appointee shall serve as such senator until a [special election or] general election shall have been held pursuant to law and the Board of State Canvassers can deliver to his successor a certificate of election.

(cf: P.L.2011, c.37, s.37)

2. R.S.19:3-27 is amended to read as follows:

19:3-27. When a vacancy shall happen in the representation of this state in the United States house of representatives, it shall be the duty of the governor to issue a writ of election to fill such vacancy in the manner provided in chapter 27 of Title 19 of the Revised Statutes, unless the term of service for which the person whose office shall become vacant will expire within six months next after the happening of the vacancy.

(cf: R.S.19:3-27)

3. R.S.19:27-6 is amended to read as follows:

19:27-6. [In the case of a vacancy in the representation of this
State in the United States Senate or House of Representatives, the writ may designate the next general election day for the election, but if a special day is designated, it shall specify the cause and purpose of such election, the name of the officer in whose office the vacancy has occurred, the day on which a special primary election shall be held, which shall be not less than 70 days nor more than 76 days following the date of such proclamation, and the day on which the special election shall be held, which shall be not less than 64 nor more than 70 days following the day of the special primary election. The writ shall also specify the day or days when the district boards shall meet for the purpose of making, revising or correcting the registers of voters to be used at such special election.]

If the vacancy happens in the representation of this State in the United States Senate [the election shall take place at the general election next succeeding the happening thereof, unless] after the day of a general election but not later than the 70th day prior to the day for holding the next primary election for the general election, the Governor shall issue a writ of election to fill such vacancy, designating in that writ the next general election day as the day on which the election shall be held to fill such vacancy. If the vacancy shall happen [within 70 days] later than the 70th day next preceding the primary election prior to the general election but before or on the day of the general election, [in which case it shall be filled by election at] the writ issued by the Governor shall designate the second succeeding general election [, unless the Governor shall deem it advisable to call a special election therefor, which he is authorized hereby to do] day as the day on which the election shall be held to fill such vacancy. The nomination of candidates to fill such vacancy shall be made in the same manner as the nomination of other candidates at the primary election for the general election.

If the vacancy happens in the representation of this State in the House of Representatives in any year, not later than the 70th day prior to the day for holding the next primary election for the general election, the Governor shall issue a writ of election to fill such vacancy, designating in said writ the next general election day as the day on which the election shall be held to fill such vacancy. The nomination of candidates to fill such vacancy shall be made in the same manner as the nomination of other candidates at the said primary election for the general election.

(cf: P.L.2011, c.37, s.17)

4. R.S.19:27-12 is amended to read as follows:

19:27-12. Notice of special elections [other than those to fill vacancies in the United States senate, United States house of representatives, state senate or general assembly] shall be given in accordance with the provisions of any statute, ordinance or resolution relative thereto. If such statute, ordinance or resolution fails to provide for the giving of notice by officials to officials or by officials to the public, such notice shall be given in the manner herein provided for giving notice of the general election so far as may be.

(cf: R.S.19:27-12)

5. This act shall take effect on January 1, 2014.

STATEMENT

Current law provides that if there is a vacancy in the office of United States Senator, it must be filled at the next general election. However, if the vacancy occurs within 70 days before the general election or within the 70 days before the primary election for the general election, it must be filled by election at the second succeeding general election. Under current law, the Governor may call a special election to fill the vacancy, and the Governor may also make a temporary appointment to fill the vacancy until a general election or special election is held and the board of state canvassers can deliver to the successor a certificate of election.

The bill requires the Governor to make a temporary appointment to fill a vacancy in the office of United States Senator within 30 days of the occurrence of the vacancy. It also requires that the temporary appointee be a member of the same political party as the person vacating the office and have been such a member continuously for a period of four consecutive years immediately prior to the appointment. As under current law, the temporary appointee would serve as a United States Senator until a general election is held pursuant to law and the board of state canvassers can deliver to the successor a certificate of election.

The bill also provides that if a vacancy occurs after the day of a general election but not later than the 70th day prior to the holding of the next primary, the position will be filled by election at the next general election. If the vacancy occurs later than the 70th day immediately preceding the primary election but before or on the day of the general election, the position will be filled by election at the second succeeding general election.

Finally, the bill removes the Governor’s option of calling a special primary election and a special general election on days other than the days regularly scheduled for such elections in order to fill a vacancy in the office for the remainder of the term.