STATE OF NEW JERSEY
222nd LEGISLATURE
PRE-FILED FOR INTRODUCTION IN THE 2026 SESSION
Sponsored by:
Assemblyman WILLIAM B. SAMPSON, IV
District 31 (Hudson)
SYNOPSIS
Provides abstention does not count towards remaining members in vote to fill certain municipal vacancies.
CURRENT VERSION OF TEXT
Introduced Pending Technical Review by Legislative Counsel.
An Act concerning the vote required to fill certain municipal vacancies and amending N.J.S.40A:16-6 and N.J.S.40A:16-7.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. N.J.S.40A:16-6 is amended to read as follows:
N.J.S.40A:16-6. An appointment to fill a vacancy in the office of mayor shall be by a majority vote of the entire membership of the governing body. Those members who abstain from a vote pursuant to this section shall not be counted toward the remaining members of the governing body, and a majority shall be determined by those voting in favor or in opposition to a nominee to fill the vacancy.
(cf: N.J.S.40A:16-6)
2. N.J.S.40A:16-7 is amended to read as follows:
N.J.S.40A:16-7. An appointment to fill a vacancy in the membership of a governing body shall be by a majority vote of the remaining members of the governing body. Those members who abstain from a vote pursuant to this section shall not be counted toward the remaining members of the governing body, and a majority shall be determined by those voting in favor or in opposition to a nominee to fill the vacancy.
(cf: N.J.S.40A:16-7)
3. This act shall take effect immediately.
STATEMENT
Under the provisions of this bill a member of a municipal governing body who abstains from voting to fill a vacancy in the office of mayor or on the governing body would not be counted as a remaining member of the governing body, and a majority would be determined by those voting in favor or in opposition to a nominee to fill the vacancy.