Bill Text: NJ S1972 | 2022-2023 | Regular Session | Introduced
Bill Title: Requires vacancies in US Senate be filled only by special election.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2022-03-03 - Introduced in the Senate, Referred to Senate State Government, Wagering, Tourism & Historic Preservation Committee [S1972 Detail]
Download: New_Jersey-2022-S1972-Introduced.html
Sponsored by:
Senator JOSEPH P. CRYAN
District 20 (Union)
SYNOPSIS
Requires vacancies in US Senate be filled only by special election.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning the filling of vacancies in the office of United States Senator, amending R.S.19:27-6 and repealing R.S.19:3-26.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. R.S.19:27-6 is amended to read as follows:
19:27-6. In the case of a vacancy in the representation of this State in the United States Senate [or House of Representatives], the writ [may designate the next general election day for the election, but if a special day is designated, it] shall specify the cause and purpose of such election, the name of the officer in whose office the vacancy has occurred, the day on which a special primary election shall be held, which shall be not less than 70 days nor more than 76 days following the date of such proclamation, and the day on which the special election shall be held, which shall be not less than 64 nor more than 70 days following the day of the special primary election. The writ shall also specify the day or days when the district boards shall meet for the purpose of making, revising or correcting the registers of voters to be used at such special election.
[If the vacancy happens in the representation of this State in the United States Senate the election shall take place at the general election next succeeding the happening thereof, unless the vacancy shall happen within 70 days next preceding the primary election prior to the general election, in which case it shall be filled by election at the second succeeding election, unless the Governor shall deem it advisable to call a special election therefor, which he is authorized hereby to do.]
If the vacancy happens in the representation of this State in the House of Representatives in any year, not later than the 70th day prior to the day for holding the next primary election for the general election, the Governor shall issue a writ of election to fill such vacancy, designating in said writ the next general election day as the day on which the election shall be held to fill such vacancy. The nomination of candidates to fill such vacancy shall be made in the same manner as the nomination of other candidates at the said primary election for the general election.
(cf: P.L.2011, c.37, s.17)
2. R.S.19:3-26 is repealed.
3. This act shall take effect
immediately.
STATEMENT
This bill provides that in the event of a vacancy in the office of member of the United States Senate from New Jersey, it is to be filled only by special election. Under N.J.S.A.19:27-6, holding a special election to fill a vacancy in the United States Senate is optional. If the Governor decides to call such an election, a special primary election must be held between 65 and 71 days following the proclamation of the vacancy and a special election to fill the office for the remainder of the term must be held between 46 and 52 days following the day of the special primary election. Depending on when the vacancy occurs, it is possible that the special elections can occur on the days of the regularly scheduled primary and general elections.
The bill repeals R.S.19:3-26, which provides that: 1) if there is a vacancy in the office of United States Senator, it must be filled at the next general election; 2) if the vacancy occurs within the thirty days before that election, it must be filled by election at the second succeeding general election; and 3) the Governor has the option of calling a special election to fill the vacancy or the Governor can make a temporary appointment to fill the vacancy until the office is filled at the next general election.
