Murphy signs bill changing timeline for New Jersey special elections to fill vacant U.S. House seats

TRENTON, N.J. — Gov. Phil Murphy on Thursday signed legislation revising New Jersey’s process and deadlines for filling vacancies in the U.S. House of Representatives, changes supporters say are meant to reduce delays and confusion that can leave districts without representation for long stretches.

The law, A5886/S4664, updates requirements for when the governor must call a special election and how quickly that process must begin after a vacancy occurs.

“Securing a consistent voice for New Jersey’s congressional districts is critical to making sure our government is working for every New Jerseyan,” said Governor Murphy. “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.”

State officials said recent experience under the previous law showed that legal requirements could lead to lengthy delays and created administrative burdens because the Department of State could not adjust various election deadlines to fit compressed time frames for special primary and special general elections.

Under the new law, the governor must issue a writ of election within 10 days of a vacancy. It also requires the governor to issue a writ whenever there are at least 135 days remaining in the term — a change from the prior threshold of six months. The measure also clarifies that the governor may still choose to issue a writ even if fewer than 135 days remain, addressing what supporters described as ambiguity under the old statute.

The legislation also seeks to limit voter confusion and reduce administrative strain by tying special election dates to the regular election calendar in certain circumstances. It requires the governor to designate the regular primary or general election day as the special election date when a special election would otherwise fall within 45 days before the regular primary or general election. It also bars a special election from being held in the 25 days after a regular primary or general election day.

The new law further spells out when special primaries and special general elections must be held. If a vacancy occurs with at least 180 days left in the term, both a special primary and a special general election will be held. Under the timeline outlined in the law, the special primary is held 70 to 76 days after the writ is issued and the special general election is held 64 to 70 days after the special primary.

If a vacancy occurs with between 135 and 180 days left in the term, the law calls for the special election to be held on the day of the regular general election, with parties selecting candidates consistent with the requirements under prior law.

The primary sponsors are Assemblywomen Alixon Collazos-Gill and Mitchelle Drulis and Sens. Andrew Zwicker and John McKeon.

“Today marks a meaningful step forward for New Jersey voters and democratic accountability,” said Assemblywoman Alixon Collazos-Gill. “With the enactment of this legislation, we are ensuring that when a vacancy occurs in the United States House of Representatives, the process to fill it is clearer, fairer, and more responsive to the voices of our communities.”

“Voters deserve predictability and fairness when it comes to filling a vacancy for their federal representative,” said Assemblywoman Mitchelle Drulis. “This important reform modernizes how we fill House vacancies and brings greater transparency and consistency to an essential function of our government.”

“Our democracy only works when everyone has a voice in Washington. 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,” said Senator Andrew Zwicker. “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.”

“When seats in the U.S. House of Representatives become vacant, whether it be from the member’s death, resignation, or otherwise, everyday people are left without someone to voice their concerns, or to turn to for constituent services, like navigating issues with federal agencies,” said Senator John McKeon. “This legislation will bring more transparency to the process of filling congressional vacancies and ensure that everyone has the consistent representation they deserve.”