N.J. Stat. tit. 19, ch. 27

in effect

N.J. Stat. § 19:27-1 Nominations, elections and ascertainment and certification of results as provided for primary and general elections

Except as herein otherwise provided candidates for public office to be voted for at any special election shall be nominated and the special election shall be conducted and the results thereof ascertained and certified in the same manner and under the same conditions, restrictions and penalties as herein provided for primary and general elections.

N.J. Stat. § 19:27-2 New register not required in unchanged election districts

In all cases where the boundaries of an election district shall have remained unchanged between one election and the time for preparing registers of voters for a next ensuing special election, it shall not be necessary for the district board of such district to make a new register of voters, but only to correct and revise the register of voters used at the general election next preceding the special election.

N.J. Stat. § 19:27-3 Nomination of candidates by petition

Candidates to be voted for at a special election shall be nominated exclusively by the members of the same political party by petition in the manner herein provided.

N.J. Stat. § 19:27-4 Writ of election.

19:27-4. When any vacancy happens in the representation of this State in the United States Senate or in the House of Representatives, the Governor shall, within 10 days of the happening of the vacancy, issue a writ of election to fill the same unless the term of service of the person whose office shall become vacant will expire less than 135 days after the happening of the vacancy and except as hereinafter provided. Amended 1948, c.438, s.9; 1981, c.429, s.2; 1988,c.126,s.2; 2025, c.275, s.3.

N.J. Stat. § 19:27-5 Proclamation.

19:27-5. Every writ of election issued under the provisions of this title shall be of the nature of a proclamation, and shall be signed by the Governor. Amended 1988, c. 126, s. 3.

N.J. Stat. § 19:27-6 Congressional vacancies.

19:27-6. In the case of a vacancy in the representation of this State in the United States Senate, 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 issuance of the writ, 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. 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 the vacancy shall happen within 70 days next preceding the primary election prior to the general election, in which case it shall be filled by election at the second succeeding election, unless the Governor shall deem it advisable to call a special election therefor, which he is authorized hereby to do. amended 1957, c.2, s.1; 1981, c.429, s.3; 1985, c.92, s.25; 2011, c.37, s.17; 2025, c.275, s.4.

N.J. Stat. § 19:27-7 Writs delivered to secretary of state.

Every such writ shall, by the officer issuing the same, be delivered forthwith to the secretary of state, who shall forthwith affix the seal of the state and file the same in his office.

N.J. Stat. § 19:27-8 Copies of writ.

19:27-8. In case such vacancy happens in the representation of this State in the United States Senate, the Secretary of State shall cause as many copies of such writ to be made as there are counties in the State, and in case such vacancy happens in the representation of this State in the House of Representatives, he shall cause as many copies of such writ to be made as there shall be counties in the vacant congressional district, certify each of the same to be true under his hand and cause them to be delivered to the county clerk and county board of each of such counties. Amended 1988,c.126,s.4.

N.J. Stat. § 19:27-9 Publication of writ.

19:27-9. The county board of each of such counties shall forthwith after the receipt of a copy of such writ cause the same to be published at least once in at least two newspapers printed and published in the county, if so many there be, not less than 45 days prior to the primary, general, or special election. The publication of the writs shall be at the expense of the State if the election shall be held to fill a vacancy in the representation of the State in the United States Senate or in the House of Representatives. Amended 1981, c.429, s.5; 1988,c.126,s.5; 2025, c.275, s.5.

N.J. Stat. § 19:27-10.1 Vacancy in house of representatives between dates preceding primary and general elections.

1. a. In the case of a vacancy in the representation of this State in the House of Representatives, the writ shall designate the next general election day or a special election day for the election, in accordance with subsection b. of this section. If a special day is designated for the election, the writ shall specify the cause and purpose of such election, the name of the officer in whose office the vacancy has occurred, and the day on which the special election shall be held. b. (1) When a vacancy, howsoever caused, happens in the representation of this State in the House of Representatives and the unexpired term to be filled equals or exceeds 180 days after the happening of the vacancy, the writ shall designate 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 issuance of the writ . The writ shall also designate 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. (a) When the latest date on which a special primary election or special election may be held pursuant to this paragraph is not more than 45 days prior to the day on which the primary election or general election is to be held, the writ shall designate the date of such primary election or general election as the day on which the special primary election or special election shall be held. (b) When the latest date on which a special primary election or special election may be held pursuant to this paragraph is not more than 25 days following the day on which the primary election or general election is to be held, the writ shall designate a date not less than 26 days nor more than 32 days following the primary election or general election as the day on which the special primary election or special election shall be held. (2) When a vacancy, howsoever caused, happens in the representation of this State in the House of Representatives and the unexpired term to be filled is less than 180 days but not less than 135 days after the happening of the vacancy, the writ shall designate the general election day as the day on which the election shall be held to fill such vacancy. In such case, each political party shall select its candidate to fill such vacancy in the same manner prescribed in R.S.19:13-20 for selecting candidates to fill vacancies arising among candidates nominated at primary elections, except that the time for making such selection and filing the statement thereof shall be within 10 days following the issuance of the writ of election. In such case, petitions of nomination of other candidates shall be filed in the office of the Secretary of State within 10 days of the date of issuance of the writ. The Secretary of State, on the 20th day following the date of issuance of the writ, shall certify to the clerk and county board of each county affected by the vacancy a statement of all candidates selected and nominated for the office so vacated. The election to fill such vacancy shall in all other respects be conducted as though it were being conducted to fill the office upon the expiration of the term of the incumbent. c. The Secretary of State shall be authorized to modify any deadline or timeframe imposed by this Title if necessary to effectuate the provisions of subsection b. of this section. L.1945, c.206, s.1; amended 1972, c.181, s.2; 1985, c.92, s.27; 2011, c.37, s.18; 2025, c.275, s.6.

N.J. Stat. § 19:27-11 Filling vacancies in county, municipal offices.

19:27-11. In the event of any vacancy in any county or municipal office, except for the office of a member of the board of county commissioners, which vacancy shall occur after the 77th day preceding the primary election for the general election and on or before the 70th day preceding the general election, each political party may select a candidate for the office in question in the manner prescribed in R.S.19:13-20 for selecting candidates to fill vacancies among candidates nominated at primary elections for the general elections. A statement of such selection shall be filed with the county clerk not later than the close of business of the 68th day preceding the date of the general election. Besides the selection of candidates by each political party as before provided, candidates may also be nominated by petition in a similar manner as herein provided for direct nomination by petition for the general election but the petition shall be filed with the county clerk at least 75 days prior to such general election. When the vacancy occurs in a county office the county clerk shall forthwith give notice thereof to the chairman of the county committee of each political party and in counties of the first class to the county board, and in case the vacancy occurs in a municipal office the municipal clerk shall forthwith give notice thereof to the county clerk, the chairman of the county committee of each political party and in counties of the first class the county board. The county clerk shall print on the ballots for the territory affected, in the personal choice column, the title of office and leave a proper space under such title of office; and print the title of office and the names of such persons as have been duly nominated, in their proper columns. amended 1951, c.119, s.1; 1972, c.181, s.3; 1981, c.429, s.6; 1985, c.92, s.28; 1988, c.126, s.6; 1990, c.33, s.1; 2005, c.136, s.40; 2011, c.37, s.19; 2011, c.134, s.38; 2023, c.16, s.12.

N.J. Stat. § 19:27-11.1 Filling of vacancies in Legislature.

7. When any vacancy happens in the Legislature otherwise than by expiration of term, it shall be filled by election for the unexpired term only at the next general election occurring not less than 51 days after the occurrence of the vacancy, except that no such vacancy shall be filled at the general election which immediately precedes the expiration of the term in which the vacancy occurs. In the event a vacancy eligible to be filled by election hereunder occurs on or before the sixth day preceding the last day for filing petitions for nomination for the primary election, such petitions may be prepared and filed for nomination in that primary election in the manner provided by article 3 of chapter 23 of this Title. In the event the vacancy occurs after that sixth day preceding the last day for filing petitions for nomination for the primary election for the general election, a political party may select a candidate for the office in question in the manner prescribed in subsections a. and b. of R.S.19:13-20 for selecting candidates to fill vacancies among candidates nominated at primary elections for the general elections. A statement of such selection under R.S.19:13-20 shall be filed with the Secretary of State not later than the 48th day preceding the date of the general election. Besides the selection of candidates by each political party, candidates may also be nominated by petition in a manner similar to direct nomination by petition for the general election; but if the candidate of any party to fill the vacancy will be chosen at a primary election, such petition shall be filed with the Secretary of State at least 64 days prior to the primary election; and if no candidate of any party will be chosen at a primary election, such petition shall be filed with the Secretary of State not later than 12 o'clock noon of the day on which the first selection meeting by any party is held under this section to select a nominee to fill the vacancy. When the vacancy occurs in the Senate or General Assembly, the county clerk of each county which is comprised in whole or part in the Senate or General Assembly district shall forthwith give notice thereof to the chairman of the county committee of each political party and in counties of the first class to the county board. The county clerk shall print on the ballots for the territory affected, in the personal choice column, the title of office and leave a proper space under such title of office; and print the title of office and the names of such persons as have been duly nominated, in their proper columns. L.1988, c.126, s.7; amended 1990, c.56, s.2; 2005, c.136, s.41; 2011, c.37, s.20.

N.J. Stat. § 19:27-11.2 Interim successor

In the case of a vacancy occurring with respect to a member of the Senate or General Assembly who was elected as the candidate of a political party which at the last preceding general election held for all members of the General Assembly received the largest number of votes or the next largest number of votes in the State for members of the General Assembly, for the interim period pending the election and qualification of a permanent successor to fill the vacancy, or for the interim period constituting the remainder of the term in the case of a vacancy occurring which cannot be filled pursuant to section 7 of this amendatory and supplementary act at a general election, the vacancy shall be filled within 35 days by a member of the political party of which the person who vacated the office was the candidate at the time of his election thereto. The interim successor shall be selected by the appropriate political party's county committee or committees in the same manner prescribed in subsections a. and b. of R.S. 19:13-20 for selecting candidates to fill vacancies among candidates nominated at primary elections, and a statement of the selection of that successor shall be certified to and filed with the Secretary of State in the same manner prescribed by subsection d. of that section for certifying statements concerning the selection of such candidates. The Secretary of State shall thereupon issue to the interim successor a certificate of selection based upon that filed statement of selection, and shall sign his name and affix the seal of the State thereto, and shall without delay deliver that statement to the person so selected. The Secretary of State shall also prepare a certified statement of selection, similar in form to the certificate but addressed to the presiding officer of the house of the Legislature in which the vacancy occurred, and shall sign the statement, affix the seal of the State thereto, and promptly deliver the same to the President of the Senate or Speaker of the General Assembly as appropriate. L. 1988, c. 126, s. 8.

N.J. Stat. § 19:27-11.3 Nomination from floor

Members of the political party's county committee or committees who are empowered to select a candidate for the vacated office shall only nominate a candidate from the floor during the selection meeting called under R.S. 19:13-20 by the chairman or chairmen of the committee or committees and shall present written evidence of the nominee's acceptance of the nomination. L. 1988, c. 126, s. 9.

N.J. Stat. § 19:27-11.4 Office remaining vacant

In the case of a vacancy occurring with respect to a member of the Senate or General Assembly who was not elected as the candidate of such a political party, the office shall remain vacant pending expiration of the term. L. 1988, c. 126, s. 10.

N.J. Stat. § 19:27-12 Notice of other special elections

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.

N.J. Stat. § 19:27-13 Make-up of registers of voters

The registers of voters for such special elections shall be made up as herein provided with such modifications, if any, as to the time of meeting of the district boards as the county boards deem necessary.

N.J. Stat. § 19:27-14 Delivery of registers; disposition after election

In each municipality in counties not having a superintendent of elections, the commissioner shall deliver to the clerk of the municipality in which the special election is to be held, at least thirty days prior thereto, the signature copy registers. The municipal clerk shall deliver such signature copy registers and also the registers of voters to the several district boards in time to be used at the special election. In counties having a superintendent of elections the commissioner shall deliver the signature copy registers at his office or in any other way he may see fit, and the municipal clerks shall deliver the registers of voters to the several district boards, in time to be used at the special election. At the close of the special election the district boards shall return such registers as provided in the case of a general election. Amended by L.1947, c. 168, p. 750, s. 15.

Source: Open US Law by Vaquill AI (CC BY 4.0)URL: https://www.njleg.state.nj.us/legislative-activity/statutesFetched: 10/17/2026