N.J. Stat. tit. 19, ch. 3

in effect

N.J. Stat. § 19:3-1 Public offices, party offices and public questions classified

Public offices and party offices and public questions shall be divided and classified as follows: a. Those offices voted for and public questions voted upon by the electors of the state or of more than one county thereof, or members of the house of representatives; b. Those offices voted for and public questions voted upon by the electors of a county or of more than one municipality thereof; c. Those offices voted for and public questions voted upon by the electors of a municipality or of any portion thereof.

N.J. Stat. § 19:3-2 Filling of public offices, vacancies; public questions; exceptions

19:3-2. All elective public offices in this State or any of its political subdivisions, except such as are provided by law to be filled at special, municipal or school elections, shall be filled at the general elections as hereinafter provided. All vacancies in public offices to be filled by election, except such as are provided by law to be filled at special or municipal elections, shall be filled at the general elections. All public questions to be voted upon by the people of the entire State and all other public questions, except such as are provided by law to be decided at any other elections, shall be voted upon and decided at the general elections. Amended 1948,c.438,s.2; 1995,c.278,s.14.

N.J. Stat. § 19:3-2.1 Election to office of Lieutenant Governor, certification.

1. a. Pursuant to Article V, Section I, paragraph 4 of the Constitution of the State of New Jersey, a candidate for election to the office of Lieutenant Governor shall be elected conjointly with the candidate for election to the office of Governor of the same political party. The candidate of each political party for election to the office of Lieutenant Governor shall be selected by the candidate of that party nominated for election to the office of Governor within 30 days following the certification of the candidate for election to the office of Governor, pursuant to subsection b. of R.S.19:13-22. In the event the 30th day occurs on a Saturday or Sunday, the selection shall be made as of the next succeeding business day. A candidate for the office of Lieutenant Governor shall be selected by a candidate who is seeking election to the office of Governor through direct nomination by petition within 30 days following the certification of the candidate for the office of Governor, pursuant to subsection b. of R.S.19:13-22. b. Each candidate for election to the office of Governor shall immediately upon selection of the candidate for election to the office of Lieutenant Governor, file with the Secretary of State a statement, in a form required by the secretary, signed by the candidate and certifying the name and address of the person the gubernatorial candidate selects as the candidate for the office of Lieutenant Governor. The candidate for the office of Lieutenant Governor shall provide such information along with that statement as may be required by the secretary and shall also certify that he or she: (1) has not been convicted of any offense graded by Title 2C of the New Jersey Statutes as a crime of the first, second, third or fourth degree, or any offense in any other jurisdiction which, if committed in this State, would constitute such a crime; or (2) has been so convicted, in which case, the candidate shall disclose on the statement the crime for which convicted, the date and place of the conviction and the penalties imposed for the conviction. Such a candidate may, as an alternative, submit with the statement a copy of an official document that provides such information. If the candidate has been convicted of more than one criminal offense, such information about each conviction shall be provided. Records expunged pursuant to chapter 52 of Title 2C of the New Jersey Statutes shall not be subject to disclosure. c. In the event that the individual selected to be a candidate for the office of Lieutenant Governor by a candidate for the office of Governor resigns from, or otherwise vacates such candidacy, the replacement candidate for the office of Lieutenant Governor shall be selected by the candidate for election to the office of Governor, pursuant to Article V, Section I, paragraph 4 of the Constitution of the State of New Jersey. d. Except as provided by a provision of Title 19 of the Revised States or by any other provision of the statutory law, any requirement concerning a candidate seeking election to the office of Governor contained in Title 19 shall apply equally to a candidate seeking election to the office of Lieutenant Governor. L.2009, c.66, s.1.

N.J. Stat. § 19:3-3 Election of delegates, alternates at primary election.

19:3-3. Delegates and alternates to the national conventions of the political parties shall be elected at the primary election to be held on the Tuesday next after the first Monday in June in that year. The members of county and municipal committees of the political parties shall be chosen at the primary for the general election as hereinafter provided. amended 1946, c.11, ss.2,17 (1946, c.11, ss.2,17; repealed 1948, c.2, s.32); 1948, c.2, s.2; 1965, c.4, s.2; 1974, c.9, s.1; 1976, c.26; 2005, c.136, s.3; 2007, c.61, s.2; 2011, c.134, s.3; 2025, c.32, s.10.

N.J. Stat. § 19:3-4 Basis of election to office

At every election the person or persons, to the number to be elected therein, who shall by law be qualified for the office or offices to be filled at such election, and for whom the greatest number of votes shall have been given therein for such office or offices, shall be deemed and taken to be elected to such office or offices.

N.J. Stat. § 19:3-5 Incompatible offices, prohibition; qualifications for certain elected offices.

19:3-5. No person shall hold at the same time more than one of the following offices: elector of President and Vice-President of the United States, member of the United States Senate, member of the House of Representatives of the United States, member of the Senate or of the General Assembly of this State, county clerk, register, surrogate or sheriff. No person shall hold the office of member of the Senate or the General Assembly of this State and, at the same time, hold any other elective public office in this State, except that any person who holds the office of member of the Senate or the General Assembly and, at the same time, holds any other elective public office on the effective date of P.L.2007, c.161 may continue to hold that office of member of the Senate or that office of member of the General Assembly, and may hold that other elective public office at the same time if service in the Senate or the General Assembly and the other elective office are continuous following the effective date of P.L.2007, c.161. No person shall be elected an elector of President and Vice-President of the United States unless he shall possess the qualifications of a legal voter of the State, shall be of the age of 25 years or upwards and shall have been a citizen of the United States seven years next preceding such election. No person shall be elected a member of the House of Representatives, or an elector of President and Vice-President who shall hold any office of trust or profit under the United States. Amended 1971, c.2, s.9; 2007, c.161, s.1.

N.J. Stat. § 19:3-5.1 Accepting nomination for more than one office.

1. No person may accept a nomination by petition in the manner provided by R.S.19:13-8 or consent to the acceptance of a nomination in a petition for a primary election in the manner provided by R.S.19:23-7, for more than one office to be filled at the same general election, the simultaneous holding of which would be prohibited by the Constitution of the State of New Jersey or R.S.19:3-5. No provision of Title 19 of the Revised Statutes, or of any other law, rule, or regulation shall be interpreted as to prevent a person from accepting a nomination by petition in the manner provided by R.S.19:13-8 or consenting to the acceptance of a nomination in a petition for a primary or general election in the manner provided by R.S.19:23-7 for the offices of Member of the United States House of Representatives or United States Senator and President or Vice President of the United States to be filled at the same general election. Notwithstanding any provision of Title 19 of the Revised Statutes or any other law, rule, or regulation, a person may appear on the ballot as a candidate for the offices of Member of the United States House of Representatives or United States Senator and President or Vice President of the United States simultaneously. L.1979, c.467, s.1; amended 2018, c.133.

N.J. Stat. § 19:3-5.2 Holding simultaneously more than one elective public office prohibited; exceptions.

3. a. For elective public office other than as provided in R.S.19:3-5 or N.J.S.40A:9-4, a person elected to public office in this State shall not hold simultaneously any other elective public office. b. Notwithstanding the provision of subsection a. of this section, a person who holds simultaneously more than one elective public office on the effective date of P.L.2007, c.161 may continue to hold the elective public offices simultaneously if service in those elective public offices is continuous following the effective date of P.L.2007, c.161. L.2007,c.161,s.3.

N.J. Stat. § 19:3-6 Form of public question; when question deemed approved; "legal voters" defined

Any public question voted upon at an election shall be presented in simple language that can be easily understood by the voter. The printed phrasing of said question on the ballots shall clearly set forth the true purpose of the matter being voted upon. Where the question concerns any amendment to the State Constitution, or any act or statute or other legal titles of any nature, the printed phrasing on the ballots shall include a brief statement interpreting same. In event that in any statute the public question to be voted upon is so stated as not clearly to set forth the true purpose of the matter being voted upon and no provision is made in said statute for presenting the same in simple language or printing upon the ballots a brief statement interpreting the same, there may be added on the ballots to be used in voting upon the question, a brief statement interpreting the same and setting forth the true purpose of the matter being voted upon in addition to the statement of the public question required by the statute itself. Such public question, when duly voted upon at an election, shall be deemed to be approved when that percentage of the legal voters of the State or any subdivision thereof as required by the statute authorizing the proposal of such public question shall vote in favor of its adoption. For the purpose of this Title it is hereby declared that the intent and meaning in any such statute of the words "legal voters" are persons entitled to vote, and who do vote, at the time and in the manner prescribed in and by such statute upon the public question submitted; and for the purpose of ascertaining what is the percentage of the legal voters of any district defined in such statute, upon the public question therein directed to be submitted, the persons who do not vote at such election, the persons who do not vote upon the public question and the persons whose ballots may be declared invalid, shall not be estimated, counted or considered. Amended by L.1938, c. 308, p. 706, s. 1; L.1941, c. 170, p. 543, s. 1.

N.J. Stat. § 19:3-7 Office forfeited by nonfiling of statement or filing of false statement

If any candidate for nomination for or election to any public office or party position, or his campaign manager, shall fail to file any statement or oath required by this Title to be filed, at the time, place and in the manner required by this Title, and duly verified as herein required, or shall file any false statement, the nomination or election of such candidate, if nominated or elected at the primary or other election concerning which such statement shall have been filed, shall be null and void. Amended by L.1949, c. 24, p. 71, s. 1.

N.J. Stat. § 19:3-9 Circumstances under which office not void

When upon the trial of any action or proceedings instituted under this Title for the purpose of securing a determination that any nomination for or election to any public office or party position is null and void, it shall appear from the evidence that the offense complained of was not committed by the candidate, or with his knowledge or consent, and that all reasonable means were taken by or on behalf of the candidate to prevent the commission of any such offense, or that the offenses complained of were trivial or unimportant, and that in all respects his candidacy and election were free from all illegal acts, or that any act or omission of any candidate complained of arose from accidental miscalculation or from some other reasonable cause of like nature, and in any case did not arise from any want of good faith, and under the circumstances it seems to the court or judge to be unjust that the candidate shall forfeit his nomination, position or office, then the nomination or election of such candidate shall not by reason of such offense complained of be void. Amended by L.1953, c. 19, p. 323, s. 1.

N.J. Stat. § 19:3-10 Name not printed on ballot; next highest name printed

If it shall be determined in a manner hereinafter provided, that the nomination for an office of a successful candidate at any primary election is null and void, and if such determination shall have been made ten days before the election at which the candidates nominated at such primary election are to be voted for, an order shall be made by the court or judge making such determination prohibiting the printing of the name of such candidate on the ballot to be used at such election, and the name of the candidate for nomination or party position at such primary election receiving the next highest number of votes shall thereupon be printed upon the ballot as the nominee for the office.

N.J. Stat. § 19:3-11 No certificate of election to candidate elected

If such determination shall not have been made ten days prior to the election at which the candidates at such primary election are to be voted for, and in case such candidate shall be elected at the election to the office for which he claimed nomination under such void primary, no certificate of election shall be delivered to such candidate and the election for the office for which such person was a candidate shall be null and void.

N.J. Stat. § 19:3-12 Delivered certificate of election void

If such determination shall have been made after the delivery of the certificate of election to such candidate, the certificate shall be null and void, and the candidate shall not be inducted into the office for which the certificate was issued.

N.J. Stat. § 19:3-13 Candidate inducted into office; proceedings for vacation of office

If such determination shall not have been made until after such candidate has been inducted into office, then upon a certified copy of the record of the determination being sent to the Attorney-General, it shall be his duty to institute appropriate proceedings for the vacation of such office where no other proceeding to the same purpose has been commenced. If the record relates to the election of any candidate for the office of United States Senator, member of Congress, State Senator or member of the General Assembly, the Attorney-General, instead of instituting appropriate proceedings for the vacation of the office, shall send the certified copy, within five days after the same is received by him, to the United States Senate, the House of Representatives, the State Senate or the General Assembly, as the case may be, if such United States Senate, House of Representatives, State Senate or General Assembly is then in session, and if not, then on the first day of such session. Amended by L.1953, c. 19, p. 324, s. 2.

N.J. Stat. § 19:3-14 No certificate of election delivered

If it shall be determined, in the manner hereinafter provided, that the election to an office of a candidate at any election is null and void, no certificate of election shall be delivered to the candidate whose election shall have been so determined to be null and void.

N.J. Stat. § 19:3-15 Delivered certificate of election void

N.J. Stat. § 19:3-16 Candidate inducted into office; proceedings for vacation of office

If such determination shall not have been made until after such candidate shall have been inducted into office, then upon a certified copy of the record of the determination being sent to the Attorney-General, it shall be his duty to institute appropriate proceedings for the vacation of such office where no other proceeding to the same purpose has been commenced. If the record relates to the election of any candidate to the office of United States Senator, member of Congress, State Senator, or member of the General Assembly, the Attorney-General, instead of instituting appropriate proceedings for the vacation of the office, shall send the certified copy, within five days after the same is received by him, to the United States Senate, the House of Representatives, the State Senate or the General Assembly, as the case may be, if such United States Senate, House of Representatives, State Senate or General Assembly is then in session, and if not, then on the first day of such session. Amended by L.1953, c. 19, p. 324, s. 3.

N.J. Stat. § 19:3-17 No certificate of election delivered

If it shall be determined in the manner hereinafter provided, that the election of a person to a party office is null and void, no certificate of election shall be delivered to the candidate whose election shall have been so determined to be null and void.

N.J. Stat. § 19:3-18 Delivered certificate of election void

If such determination shall have been made after the delivery of the certificate of election to such candidate, the certificate shall be null and void, and whether such determination shall have been made before or after the delivery of a certificate of election, a certificate of election shall be delivered to the candidate having the next highest number of votes.

N.J. Stat. § 19:3-19 Surrender by delegates to national convention of certificate voided

In the case of a delegate-at-large or district delegate to any national convention, whose election shall have been declared null and void under this Title, after a certificate of election has been issued to him, the Attorney-General shall transmit to such convention a certified copy of the judgment and determination of the court or judge declaring the election void, to the end that the certificate of election issued to the person having the next highest number of votes for such party position may be honored by the convention. Any delegate-at-large or district delegate to any national convention to whom a certificate of election shall have been delivered, which certificate shall have been declared null and void after such delivery, shall, upon the service upon him of a certified copy of the determination of the court or judge declaring the certificate null and void, forthwith surrender such certificate to the Clerk of the Superior Court. Amended by L.1953, c. 19, p. 325, s. 4.

N.J. Stat. § 19:3-20 Candidate whose nomination or election annulled ineligible to fill vacancies

A candidate nominated for or elected to an office, whose nomination or election has been annulled and set aside for any reason mentioned in this title, shall not, during the period fixed by law as the term of such office, be appointed to fill any vacancy which may occur in such office; but this provision shall not apply to appointments to any office the qualifications for which are prescribed by the constitution of this state or of the United States.

N.J. Stat. § 19:3-21 Candidate removed from office ineligible to fill vacancies; exception

A candidate or other person removed from or deprived of his office for any offense mentioned in this title shall not, during the period remaining as the unexpired term of such office, or during the period fixed by law as the next ensuing term of such office, be appointed to fill any vacancy which may occur in such office; but this provision shall not apply to appointments to any office the qualifications for which are prescribed by the constitution of this state or of the United States.

N.J. Stat. § 19:3-22 Appointments null and void

An appointment to an office made in violation of or contrary to the provisions of section 19:3-20 or section 19:3-21 of this title shall be void.

N.J. Stat. § 19:3-23 Vacation of office when nomination or election void

When the nomination or election of a person to public office within this State or any of its political subdivisions shall have been declared null and void, such person shall remove or be removed from such office. It shall be lawful for the Attorney-General to institute a proceeding in lieu of prerogative writ to remove from office a person whose nomination or election shall be void under the provisions of this Title. Amended by L.1953, c. 19, p. 325, s. 5.

N.J. Stat. § 19:3-24 Right to seek recovery of office unabridged

Nothing in this Title contained shall abridge any right which a claimant to any office might otherwise have to institute a proceeding in lieu of prerogative writ for the recovery of such office. Amended by L.1953, c. 19, p. 326, s. 6.

N.J. Stat. § 19:3-25 What constitutes vacancy

When a person shall remove or be removed from office because his nomination or election thereto has been declared null and void, such office shall be deemed to be vacant. When an equal number of votes shall have been given to two or more persons to fill any office for which they shall by law be qualified, the office shall be deemed to be vacant. When a person who shall have been elected or appointed to any office as mentioned in section 19:3-5 of this title shall, during the term for which he shall have been elected, or appointed, be elected or appointed to another of such offices, and shall accept the same, such acceptance shall be deemed to make vacant the office to which he shall have been previously elected or appointed; and he shall not be permitted to qualify or take such new office until he shall have formally relinquished the office which he may have been holding. When a person shall, at an election, be elected to two or more of such offices, he shall accept but one of the same, and the other or others shall be deemed vacant. When a person who shall be elected a member of the senate or general assembly of this state shall neglect or refuse for ten days next after the commencement of the session of such house to take his seat therein, or to send to such house a satisfactory excuse, or shall during any session of such house be absent unremittingly for ten days, unless expressly excused by such house from attendance thereon, or shall remove from and cease to be a resident of the state or of the county for which he may have been elected, his office shall be deemed vacant.

N.J. Stat. § 19:3-26 Vacancies in United States senate; election to fill; temporary appointment by governor.

19:3-26. If 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 governor of this State may 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 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. amended 2011, c.37, s.37.

N.J. Stat. § 19:3-27 Vacancies in United States house of representatives; election to fill.

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, within 10 days of the happening of the vacancy, unless the term of service for which the person whose office shall become vacant will expire less than 135 days after the happening of the vacancy. Nothing in this Title shall be construed to prohibit the Governor from issuing a writ of election to fill such vacancy if the term of service for which the person whose office shall become vacant will expire less than 135 days after the happening of the vacancy. Amended 2025, c.275, s.1.

N.J. Stat. § 19:3-29 Other vacancies; election to fill.

19:3-29. A vacancy happening in a public office other than that of United States Senator, Member of Congress, State Senator, or member of the House of Assembly, 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 at the second succeeding general election. amended 1951, c.119, s.2; 2011, c.37, s.38.

N.J. Stat. § 19:3-30 Databases established; information on certain appointed positions and elected offices.

1. a. The Eagleton Institute of Politics at Rutgers, The State University, shall establish and maintain two databases that contain for every person appointed to a State board, commission, authority, or other multi-member entity, and for every elected public official in this State, excluding school boards, the name of the individual, the title of the office held, the term of office, the race and the gender identity or expression of that individual, and the appointing authority. b. To establish the database of appointed officials, the Institute may transmit to any person appointed to a State board, commission, authority, or other multi-member entity on or before the effective date of this act, P.L.2021, c.414, a form, developed by the Institute, for completion that records the: (a) individual's full name; (b) the title of the office held and the mailing address for that office; (c) the race of the individual, using the same racial categories as required on the federal decennial census of the United States by the federal Bureau of the Census; (d) the gender identity or expression of the individual; (e) the name and title of the appointing authority; and (f) the term of the office held. The transmission by the Governor or other appointing authority to the Institute of contact information for appointees shall not be deemed a violation of any law, rule, or regulation concerning the confidentiality or privacy of such information. c. (1) To establish the database of elected officials, the Institute may transmit to any individual elected to public office in this State on or before the effective date of this act, P.L.2021, c.414, a form, developed by the Institute, for completion that records: (a) the individual's full name; (b) the title of the public office held and the mailing address for that public office; (c) the race of the individual, using the same racial categories as required on the federal decennial census of the United States by the federal Bureau of the Census; (d) the gender identity or expression of the individual; and (e) the term of the office held. The Secretary of State shall cooperate with the Institute regarding the survey. (2) To maintain the database of elected officials, no later than 30 days after certification of an election in this State, including an election for an individual selected to fill a vacancy in an elective public office for the remainder of a term, the Secretary of State shall transmit to the Institute the election results. The transmission by the Secretary of State to the Institute of any contact information shall not be deemed a violation of any law, rule, or regulation concerning the confidentiality or privacy of such information. d. (1) The Institute shall use the information from the forms received pursuant to subsections b. and c. of this section, to establish and maintain separate databases for appointed public officials and for elected public officials. The databases shall be searchable by the public official's name, title of the office held, the term of the office held, the public official's race, the public official's gender identity or expression, and the appointing authority. Each database shall be available to the public in a prominent location on the website of the Institute, of Rutgers, The State University, and of the Secretary of State. (2) The information in each database shall be reviewed and updated in a timely manner, but no less than once each calendar year. Information on completed forms received by the Institute shall be added to the database within 21 business days of receipt. L.2021, c.414, s.1.

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