Murphy signs bill reforming House special elections procedure

Outgoing Gov. Phil Murphy signed a bill tightening and standardizing how the state fills vacancies in the U.S. House of Representatives on Thursday, legislation spurred by a recent spate of vacancies. 

The bill, which cleared the Legislature on Monday, requires governors to schedule a special election if a vacancy occurs with more than 135 days left in a House of Representatives term. The bill also requires a special primary election if a vacancy occurs with more than 180 days left in a term, a change from the more convoluted current law, which allows for scenarios without a primary election.

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

The legislation sets two main procedures for filling House vacancies. If the vacancy occurs with more than 180 days left on the term — or six months before the congressional session ends on Jan. 3 every two years — the governor must: declare a special election within 10 days; schedule a special primary election within 70 and 76 days after his declaration; and schedule a special general election between 64 and 70 days after the special primary.

Under this schedule, most vacancies will be filled between 135 days and 156 days after the vacancy occurs.

There is an exception: if those timeframes fall between 45 days before and 25 days after an already scheduled election, the special election should be held on that already scheduled date with other races. Such a move saves the state money on election administration and increases turnout.

The second scenario lays out a procedure for vacancies that occur between 180 and 135 days before the congressional session ends — or between July 7 and Aug. 21 in even-numbered years. In this situation, no special primary election is held, and political parties will select their nominees. The governor would schedule the special general election for 64 to 70 days later, or, when required, the already scheduled general election date in November. This scenario is notable in a post-county-line New Jersey, as it would allow party leaders to bypass its primary voters.

The bill also allows the governor to issue a writ for a special election if a vacancy occurs with less than 135 days left in a term, but such a writ is not required.

Assemblywomen Alixon Collazos-Gill (D-Montclair) and Mitchelle Drulis (D-Raritan Twp), and State Sens. Andrew Zwicker (D-South Brunswick) and John McKeon (D-West Orange) sponsored the legislation.

“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,” Zwicker said. “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.”

Four of New Jersey’s congressional districts have been vacant at some point in the last two years: The 10th congressional district’s late Rep. Donald Payne Jr. died in April 2024, and the 9th’s late Rep. Bill Pascrell died months later in August. Senator Andy Kim left the House’s 3rd congressional district in December 2024 to assume his Senate seat. The 11th congressional district remains vacant after Gov.-elect Mikie Sherrill resigned on Nov. 20. A special general election to fill her seat will be held on April 16.

The Assembly approved the bill 66-7 with one abstention, and the state Senate passed the bill 39-0.