New Jersey’s Vacant Expression

Note to self- do not make casual observations about state statutes you know nothing about. Because it turns out that the New Jersey election law I cited in my last post is only one of two (or, who knows, maybe more) provisions that the New Jersey legislature, in its wisdom, has seen fit to enact on the subject of filling vacancies in the office of U.S. Senator. The section I cited (section 3-26) appeared to require that a vacancy be filled at the next general election unless the vacancy happened within the 70 days before that general election, in which case it would be filled at the second succeeding general election. However, another section states:

Congressional vacancies.

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.

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