2009 New Jersey Code
Section 40A:16
40A:16-5 - Filling vacancies in municipalities holding general elections

40A:16-5.  Filling vacancies in municipalities holding general elections
    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, c. 83, s. 1, eff. April 26, 1979.  Amended by L.1980, c. 101, s. 2, eff. Sept. 11, 1980.

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