(The Center Square) — Outgoing New Jersey Gov. Phil Murphy signed a bill Thursday aimed at streamlining the process for holding special elections to fill vacancies in U.S. House seats in the state.
The legislation, approved by the Democratic-controlled Legislature last year, will require the governor to call for a special election within 10 days of a seat becoming vacant, unless fewer than 100 days remain in the unexpired term.
“Securing a consistent voice for New Jersey’s congressional districts is critical to making sure our government is working for every New Jerseyan,” Murphy, a Democrat, said in a statement. “This law eliminates barriers to ensuring House seats are filled as quickly as possible without unnecessary confusion for voters or long periods without representation when a seat becomes vacant.”
Under the new rules, there will be two main procedures for filling House vacancies. If the vacancy occurs with more than 180 days left on the term the governor must declare a special election within 10 days and schedule a primary election no later than 76 days after his initial declaration. A special general election must be held no later than 70 days after the special primary, under the rules.
Based on that schedule, most House seat vacancies would be filled anywhere between 135 days and 156 days after the vacancy occurs. There are several exemptions to the timelines, depending on when the vacancy occurs. For instance, if a House seat vacancy occurs within the last 135 days of a congressional term, a special election will not be held under the new rules.
Lawmakers who backed the proposal praised Murphy for signing the bill, saying it will ensure constituents aren’t left without a voice in Congress when a lawmaker dies or steps down before the end of their term. New Jersey currently has 12 House seats.
“When a U.S. House seat becomes vacant, hundreds of thousands of people are left without a representative to advocate for their district’s specific needs,” state Sen. Andrew Zwicker, D-South Brunswick, said in a statement. “The way New Jersey’s current system is set up, seats could be left empty for upwards of a year, which is completely unacceptable. This bill will ensure vacancies are filled in a timelier manner.”
The Constitution allows governors to appoint replacements to fill vacancies in U.S. Senate seats, but those in the House must be filled by special elections. The process and timeline for doing that ranges by state and often becomes a political affair.
In 2024, two New Jersey House members died while still in office and the state’s current rules allowed the seats held by late Rep. Donald Payne Jr. and Rep. Bill Pascrell to remain vacant for more than five months.
Meanwhile, a special election to fill the House seat vacated by Gov.-elect Mikie Sherrill in November won’t be held until April under the state’s current rules, in part because she stepped down after the Nov. 4 election. Sherrill, a Democrat, will be sworn in as governor on Jan. 20.
